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Recording available for download for Jan 12 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Jan 2, 2012.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for download for Jan 12 Conference Call.


    Conference Dial-in: 1-712-432-3066
    Conference Code: 531023
    Topic: General Immigration Related Questions
    Start Time: 1:55PM, EST
    End Time: 3:20 PM, EST
    NEXT CALL DATE: Jan 26, 2011

    NOTE: This call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.
    Last edited by a moderator: Jan 13, 2012
  2. AlekSashka

    AlekSashka Registered Users (C)

    Hi There!

    i have got a bit strange situation - my i-485 application has been staying in pending mode for more than year and 5 month.
    I have submitted the all paper to the Nebraska Service Center and receive a confirmation email from them on the Sept 1st, 2010. Then on Dec 22nd, 2010 i received an email that my case was transferred to the local office. The reason for that- they have a jurisdiction now.
    According to the approximate time frame for processing this type application on uscis web-site - says about 4 month. So I've waited for till April of 2011, then called to congressman and asked her to help me find out the results for my case. However i have not gotten much help unless she said that i do not need them to rush with my application. It takes a long time to check the background.
    I did also talk to uscis customer service representative. It was in about April or March of 2011. As a result of that conversation i received a letter that provides the same info as if i check my status on uscis web-site - My case was transferred and it is pending now.
    In July of 2011 i came to my local senator office and ask her to place an inquiry about my case and i was told that i will get an email or mail as soon as they get a results (Approximate it should be in about 7-8weeks). However again after that time no any response from senator office. I called to their office in the beginning of October and was said that they have sent a request but no any response yet. My second call to senator office in the middle of December of 2011 brought me same results - they have sent the request already two times and have not gotten any response.

    My question is - what would be the better way to move this process towards? Or what am i suppose to do?

    Thanks in advance.
    Last edited by a moderator: Jan 3, 2012
  3. rajimg

    rajimg Registered Users (C)


    I am currently on H4 and company A has filed H1B which just got approoved. I also have an approved I-140 from company B and now the date is current. Company B had also applied for my H1B which was rejected and was never able to work for company B hence had to go on H4 5. Do you think that my I-485 can get denied based on Previous H1B from sam employer was denied?

    1. Should I apply for AOS / EAD/ AP with company B along with my spouse and both get EAD's/AP while I continue working for company A? Can I file it myself or should I continue with the lawyer?
    2. If I contniues to work for comany A and our EAD comes in approx 3 months, can I still continue working on H1B for company A and my spouse use the EAD to change job from company A-B??
    3.Assuming No -2 is possible can my spouse get back on H1B later if a company is ready to sponsor for a independent H1B ( EAD to H1B possible???)
    4. If my I-485 gets approved and I get my EAD does myr H1B still be valid even though she will not joing company B?
    4. At what point do I absolutely have to join company B? Can We continue using AP to travel back and forth from India and both come back and work on our respective H1B's
    What would you recommend that she do?? Join new job Company A or wait till EAD gets approved and join company B[/QUOTE]
    Last edited by a moderator: Jan 11, 2012
  4. anandgs

    anandgs Registered Users (C)

    please advise

    Rajiv Sir,

    Thanks for your great service/suggestions for the immigrant/non-immigrant community.

    Recently Date's become current applied for AOS/EAD/AP on NOV/15/2011 and Biometrics done on DEC/27/2011 in NJ.

    1) while working in VA in 2010 H1B got extended and visa stamped,valid till FEB/2013.
    2) I was working for client/Maryland (Feb/2011-Jul/2011) Applied for H1B Amendment (Receipt Notice: May/2011)(USCIS Status: Decision)
    3) from AUG/2011 working for client/New Jersey, Applied for H1B amendment Notice date 21/NOV/2011 (USCIS status:initial review).

    1. Denial notice for "OLD H1B amendment" for Maryland client received on DEC/22/2011 (as per time line explained earlier no.2 ).

    portion of USCIS notice is as follows.
    Reason: record lacks the validation from the end client,and you have not established that there is a position for consideration as specialty occupation.

    Decision: "This petition is denied,If applicable, the portion of the petition requesting an extension of stay or change of status for the alien is now being denied as the non immigrant visa petition filed in the alien's behalf has been denied"

    "you may appeal with in 33 days of this notice date"

    Does H1B Amendment supersedes H1B approval ?
    Do we need to appeal ?(my employer says no issues as your new h1b amendment is pending,and we have new LCA for NJ)
    Will this be a problem for my AOS ?
    What precautionary measures I need to take?

    Thanks a lot appreciate all your help and advise..
    Last edited by a moderator: Jan 10, 2012
  5. aks341

    aks341 Registered Users (C)

    Options to stay in US after I-20 expires for F1 student

    I would update details about my question asap. Just wanted to make a note so that I can post more before the thread closed.
  6. aagar2003

    aagar2003 Registered Users (C)

    Dual Visa F2/L1

    I have obtained a F2 (dependent) visa and I am in India. My wife is on OPT and is in US. My company is looking forward to apply for L1 visa. I have following questions:

    1. Is a regular L1 visa different from a blanket L1 visa? If yes, what is the difference? I am not in a managerial role. Which visa should I apply for?
    2. How much time does it take to get the L1 visa from the date of application?
    3. Would the embassy/USCIS cancel the existing F2 visa when they issue me the L1 visa? Can't I have them both? I am asking this because my company could transfer me for limited duration at a location far from where my wife is and I might have to travel again to US for personal reasons.
    4. If my L1 is rejected, would the F2 remain valid or USCIS can cancel F2 too? Can they cancel F2 and give a 221(g) on the L1 application and keep me waiting?
    5. If I am on L1 visa with employer A as of dec 2011, could I get an H1B sponsored from employer B (later after Apr 2012) and start working with employer B after Oct 2012?
    6. If I am on L1 visa with employer A as of dec 2011, can I get it transferred to L1 visa with employer B?
    Last edited by a moderator: Jan 5, 2012
  7. shazbell

    shazbell Registered Users (C)

    Processing times for GC

    Hello Rajivji,

    I noticed that in the visa bulletins for past few months that EB2 priority dates have been moving pretty quick. Has there been any change in policies recently? EB3 priority dates dont seem to be affected. Could you please share your thoughts and comments.

    I had read on one of the news items posted on your website(more than a year back) that there was a suggestion to make working on H4 permissible. Any new developments on that front?

    Thanks in advance.
  8. vijay_l1

    vijay_l1 Registered Users (C)

    H1B petition

    Dear Rajiv sir,

    I am a canadian permanent resident.

    An employer in Michigan, applied for my H1 in Feb 2010. The petition was approved for 3 years. However the VISA stamping got delayed due to additional processing. The client of my employer could not wait, and hence withdrew the offer, and I was asked to withdraw the h1b application. Effectively I was denied H1B visa.

    Now I have my b1/b2 business/tourist visa. The company in Michigan who offer the employment in 2010, suggested that they have many clients now for my skills.

    So he asked me to enter the US with my tourist visa. Then he will apply for the b1/b2 to h1b conversion using the old approved petition. He suggested that once I work for him for 6 months, I can come back to Canada with the paystubs and get my h1b stamping done.

    The company nor me have the orginal petition as it was submited to ottawa embassy and was never returned back.

    My question, even though visa was denied, is my petition still valid and can i work in the US if my employer get the b1 to h1b conversion done. And later stmping of visa, will it be an issue as I entered in b1 and started work without stamping of h1b.

    Please advice. Thanks in advance, Vijay
  9. vijay_l1

    vijay_l1 Registered Users (C)

    Canadian citizen TN visa

    Dear Sir,
    Question on behalf of my friend.

    He is a canadian citizen. He is planning to take up a job based on TN Visa. However he is interested to settle down in US. Is it true that TN visa applicant cannot apply for Green CArd.

    If not allowed, then after working for a few months in the US under TN visa, can my friend ask his employer to file for a TN to H1B visa conversion and then apply for the green card.

    Thanks for your advice.
  10. swe82

    swe82 Registered Users (C)

    H1 approved while my H4 extension was pending

    My H4 expired on 09/30/2011 and so we filed for H4 extension on 09/28/2011 and also I got a job offer and applied for H1 on 09/28/2011. I filed for I-485 on 01/03/2012 (through my spouse) and for the "current status" I mentioned as H4 extension pending as H1 was not approved then.

    My H1 approved yesterday(01/05/2012) while my H4 is still pending.

    1) should I with draw my H4
    2) if I withdraw H4 what would be my status from 10/01/2011 to 01/04/2012
    3) if I withdraw H4 will it be a problem for my I485 as I have mentioned "Current status" as H4
    4) if I do not withdraw H4, what happens if my H4 gets approved while I am working on the H1?
    5) since my H1 is approved, can I start working right away even though H4 is pending??

    Your answers are highly appreciated!!!

  11. peacocklover

    peacocklover Registered Users (C)

    Good to file another 485 for me and my wife through my 485 application?

    Hello Rajiv sir,

    I would need your suggestion whether to file another set of 485 applications through my employer since I already filed my 485 as derivative applicant to my wife's 485 application recently.

    My wife filed her 485 application with her EB2 India Priority Date as 8th NOV 2007 and I filed as a derivative applicant with her application. I have my EB2. India application with approved 140 and Priority Date as April 2008 (EB2.I) and it became current in JAN 2012 VB. I would like to know whether its good to file another 485 application in my scenario. I read in previous threads on this topic and in couple of other forums that it would be extremely expensive in terms of delay with getting an RFE and delay in approving our 485 applications besides to loosing some 1500+ USD as total charges per person. And, we would need to ask immigration officer to consider one application and abandon other 485 application with attorney’s drafted letter. Does it really help us to file another 485 in approving GC faster or as a safe backup option?

    My wife’s PD is six months earlier than mine and her PD would be helpful to both of us in getting the GC faster than my PD. I’m wondering if there is retrogression in coming months bulletin, dates become unavailable and I may loose a chance to file my 485 if there is any serious RFE with my wife’s case. she started her career with the current employer after pursuing her masters here in US. Technically , she should n't get any RFEs other than luck factor.

    I’m just worried as we had with this sluggish visa movement from past couple of years after July fiasco. I would also need to consider filing my 485 based on approval probability for my wife’s PD (Nov 2007)) with in next 7 to 8 months.

    Can you predict roughly the approval chance in next 6 months for the 485 application with PD of Nov 2007 in EB2India queue? Do you think it’s better to file my 485 too since it would help to ?
  12. raj26091972

    raj26091972 Registered Users (C)

    B1/B2 Visa question

    I wanted to check with you if a B1/ B2 Visa holder come to USA on June 01 2012 on a B1 visa that is valid only till June 11 2012. Will they be given the usually 6 months of stay on the i-94 by the CBP or just till the last date till the visa is valid? In General how does the Visa expiry date plays the role to enter USA that in turn determins the period that is granted stay on I-94 by CBP officers? Can that person be granted a full max 6 months of stay even if the visa is going to get expired in few days of entry to USA ? IS there any thing in Law the force CBP to only allow stay till the last day of visa expiry ?


  13. needqajob

    needqajob New Member

    N-400( Us citizenship) interview passed on 03/22/11 but no decision yet due to two A# files

    Hi Rajiv,

    Question on N-400 interview passed but no decision due to two A# file. Its' over 10 months.

    I and my wife were interviewed for US citizenship ( based on 5 year rule) on 03/22/11, my wife was approved but i was not given any decision. IO said i had two A# files which she had to review. She also showed me second file on her desk ( She already had second file during interview). It's been over 10 months and i have not heard back anything from USCIS.

    I tried contacting my senator, took infopass and went to Newark Office but no help yet.

    Can you please let me know what can be done now to know what's happening in my case?

    Thanks in advance.
  14. knvsmadhav

    knvsmadhav New Member

    Please advise -- Pending I-485,- I-140 is approved in EB2, but is considered as EB3.

    HI Rajiv,
    Could you please advise me on my pending I-485 case. My Priority date is May 2003, I-140 is approved in Jun 2007 under EB2 category.

    I filed for I-485 at Texas Service center (TSC) in Jun 2007 and received a receipt notice on Jul 02 2007. Ever since, my case is pending at TSC. I have raised several service requests with USCIS National customer center and contacted local service center via info pass. Finally was able to connect with a USCIS officer at TSC. According to the USCIS officer " The I140 was approved as a 3rd preference, because you did not meet the qualifications of a 2nd preference. Instead of denying the case they gave you a 3rd preference and a visa is not available at this time."

    My current employer will not file for I-140, I am currently on EAD. Is there any other option of porting my case to EB2.

    What do you suggest ? Please let me know, if you need to discuss in detail, I can schedule an appointment.

    Thank you,
  15. andrewgc

    andrewgc Registered Users (C)

    GC & Citizenship Info

    Hi Rajiv,

    1) If a GC holder applies for permanent residency in another country (say Canada or Australia) is that automatically considered an abandonment of the GC here in the US?

    2) I know that people born in the US can take citizenship of another country. But, can a person who was naturalized as a US Citizen take citizenship of another country? Is that considered renouncement of the US Citizenship and will the citizenship be automatically revoked? Or even a Naturalized Citizen is allowed dual-citizenship?

  16. superkings

    superkings Registered Users (C)

    Hi Rajiv

    This is a very specific PERM ad related question.Although i have no control/knowledge over my recruitment and PERM process i am just curious to know stuff . Now to the question :

    This is what I picked up from the DOL official website FAQ.
    Does the advertisement have to contain the so-called Kellogg language where the application requires it to be used on the application?

    Where the Kellogg language is required by regulation to appear on the application, it is not required to appear in the advertisements used to notify potential applications of the employment opportunity. However, the placement of the language on the application is simply a mechanism to reflect compliance with a substantive, underlying requirement of the program. Therefore, if during an audit or at another point in the review of the application it becomes apparent that one or more U.S. workers with a suitable combination of education, training or experience were rejected, the application will be denied, whether or not the Kellogg language appears in the application.


    Question :
    While it clearly says the Kellog/Magic language is not required in the advertisements during the PERM stage,I have seen few denials stating the Alternate requirements were not mentioned in the ads.Could you tell us if the Education requirements/Experience requirements have to be mentioned in the ads (I know it has to be mentioned in the PERM) .

    And This is a related FAQ:

    If the employer includes job duties and requirements in the advertisement, must they be listed on the Application for Permanent Employment Certification, ETA Form 9089, as well?

    Yes, if an employer wishes to include additional information about the job opportunity, such as the minimum education and experience requirements or specific job duties, the employer may do so, provided these requirements also appear on the ETA Form 9089.


    From my understanding i believe the Ads shouldnt be more restrictive than the PERM ,but vice versa is ok. That is the ad can be very generic (not metion education /years of experience) , and the PERM can have specific requirement. IS my understanding right?

    Seems logical since they dont want to shrink the pool of US workers who may be eligible for the JOB. Is my understanding correct? Could you explain this with an example?

  17. assy123

    assy123 Registered Users (C)

    Marrying after asylum approval.

    Dear Rajiv,
    My girlfriend got her asylum approved last June 2010. We are planning to get married. I just graduated and have applied for my OPT. Can she include me in her greencard application and claim as a dependent. Do we need to seek alternative options?

    Any help would be appreciated. Thank you.
  18. dsm918

    dsm918 Registered Users (C)

    Priority Date Current but H1b Amendment needed

    Hi Rajiv......My priority date became current with the latest Feb 2012 bulletin.

    A little background on my situation. I switched jobs within the same company 3 months ago. The new job has the same duties, same location and same title with only a 5% pay raise. At the time I switched to this new job, the company lawyers assured me that since everything was basically the same, no H1b amendment was needed and they didn't file for one. Now with the priority date current they are getting ready to file my I-485 on Feb 1st but they just informed me that the cost center for my current job is different from the previous job and since that falls under a different name in the company, they will need to file a amendment. My concern is how this will affect my filing the AOS. Here are my questions:

    1) Is a amendment needed when the everything is practically the same but only the petitioner name may be a little different? It is the exact same company but certain departments operate under a different name.

    2) How does this affect my applying for the I-485? I have all documentation, Medical completed and am ready to apply on Feb 1st.

    3) Is the amendment different from a new H1B or is it the like applying for a brand new H1B? Does the amendment generate a new I-797A and if yes, would I need to get restamped if I leave the country and come back in?

    4) Do they need to wait for a new I-797A in hand before they can apply for the I-485 or can it be done concurrently?

    5) What are my best options here so as not to miss the Feb2012 filing as there is a possibility of the dates retrogressing in March.

    Thanks a lot.
    Last edited by a moderator: Jan 10, 2012
  19. sandy7

    sandy7 New Member

    H1B extension beyond 6 years

    Hi Rajeev,
    Wishing you happy and prosperous new year.

    My case background in brief:

    1. My 6 years H1B term will end by April 1st 2012.
    2. My PERM was applied under EB2 category in october 2011, received audit in December 2011 asking for "Recruitment documentation, copy of pwd, resumes received for the post" and my employer responded to DOL in the same week with the requested documents.
    3. I have approved PERM from my previous employer with prirotiy date November 2009, they never applied I-140 though.
    4. Have 3 months time frame left and 35 days recapture time.


    1. Can I apply for 1 year (plus 35 recapture days) extension based on my previous approved PERM and with the current pending PERM?

    My sincere thanks for your thoughts.

  20. Anurag Saxena

    Anurag Saxena New Member

    Best option between SB1 visa or applying GC again

    On April 2003 my parents got Green card via sponsorship of my uncle. They visited USA several times till 2007. After visiting India in April 2007 with an intention to come back within 6 months, they stayed in India and never came back to USA since than for health and several personal (social) reasons. They received a letter from consulate in India in 2008 that their Green Card has been invalidated because of their stay outside USA for more than a year. Now, I (US Citizen) want them to come to USA as a permanent resident. My question is:

    1. What would be the best option: (a) me applying for their Permanent residency? Or (b) they apply for “Returning Residence Visa – SB1”.
    2. If I apply for them, will there be any issue because in past they got their visa thru their brother?
    3. If they go for SB1, and they get rejected, can I still apply for them or ONLY my father’s brother has to apply since he was the original petitioner?

    Thanks for answering my questions.

    Anurag Saxena
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