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Recording available for download for Jan 26 Conference Call with Rajiv

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Jan 23, 2012.

  1. monica1

    monica1 Administrator Staff Member

    Recording available for download for Jan 26 Call.


    Conference Dial-in: 1-712-432-3066
    Conference Code: 531023
    Topic: General Immigration Related Questions
    Start Time: 12:30PM, EST
    End Time: 1:30 PM, EST
    Next CALL DATE: Feb 9, 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 26, 2012
  2. jackkallis

    jackkallis Registered Users (C)

    I-485 RFE for wife requesting DOB & Marriage Cert but we did submit these while filing

    Hi Rajiv,

    We are from India & mine I-485 is approved but for my wife we received RFE on I-485.

    Category: EB2
    Priority Date: 7th May 2007
    EAD received : for both
    GC received: for husband only & RFE on wife's I-485

    RFE for wife's I-485 says

    1. Please submit a photocopy of your official birth certificate. If documents is not in English, please include a certified English translation. If birth certificate does not exists or cannot be obtained, you must demonstrate this & submit secondary evidence pertinent to the facts at issue.

    2. Please submit a photocopy of your official marriage certificate. If documents is not in English, please include a certified English translation.

    For question 1 of DOB
    She was born in 198X & Date of birth certificate (DOB) was created in 2007 & we did submit this DOB along with I-485 filing.

    DOB issues in 2007 has fields name in both Hindi & English but answers are only in English. (Example it says Place of Birth / sthan - but answer is in English as 'DR BHUTANI CLINIC NEW DELHI')

    Is the reason behind query because of year of issue (2007 instead of 198X or both English/Hindi in DOB?

    So now while submitting DOB

    A. Do we need to get English Translation of birth certificate issued in 2007 ?

    B. Do we need to provide affidavit from father/mother or 2 persons other then parents stating that she was born in 198X ?

    C. Also do we need to have witnesses signature also in affidavit if we are getting it notarized in India?


    Should we submit a letter from Govt. of India / Municipal corporation of India stating original birth certificated (which should have been issued in 198X) can't be obtained.

    If this is the right option then along with this letter do we need to submit things mentioned above also in A or/and B?

    Do we have to provide any other additional documents like wife's 10th mark sheet to confirm her DOB etc.

    For question 2 of Marriage Certificate

    Regarding 2nd question on RFE for marriage certificate.

    We got married in 2007 & it was issued in same month of 2007. And in Marriage Certificate everything is in English?

    I am not sure then why they are requesting marriage certificate again?

    Are they looking for some additional documents, which may not be mentioned in the RFE? like our Apt Lease with both of our names listed in it, marriage picture, joint bank statement, utility bills etc.?

    Also do we need to notarized photocopies of DOB & Marriage certificate while replying to RFE?

    I know it's a very long question but I am unable to get right information from any forum or my lawyer.

    That's why thought of posting it for your conference call.

    Thanks for your help.

    Thanks & Regards
    Registered User
  3. sanchalanam

    sanchalanam Registered Users (C)

    Is it possible to work REMOTELY for US Employer from Canada?

    Dear Rajiv,

    I have H1b visa status in USA since 2004. In 2008 I applied for Canadian PR and received my Canada Permanent Resident status by landing in Canada in 2009. After landing in Canada, I returned to US after a week to continue my employment in USA. Also, I have my I-140 approved from my current employer under EB3 category. To maintain my Canada Permanent resident status I will have to move to Canada this year and live there for two years.

    In this regard I have the following questions. Assuming that my employer agrees to let me work remotely for two years from Canada, what will happen to my H1b status? Is it possible to hold my H1b status during my stay in Canada for two years? how can i keep my H1b status while working from Canada? Please suggest.

  4. harimp

    harimp Registered Users (C)

    I-140 & I-485 Concurrent Processing

    Hello Rajivji,

    Recently i have applied I-140 and I-485 Concurrently with June 2007 PD porting. I have applied I-140 in normal processing, would converting I-140 to Premium processing helps to speedup I-485 processing and approval? Is 485 processing depend on I-140 approval?

    1. If a Person with 2008 PD applies before me (June 2007 PD), whose I-485 will be processed first if both PDs current for long?

    2.How can i make sure my I-485 is processed in case if my new I-140 don't show the Old PD?

    Thanks for your help.
  5. el2nola

    el2nola New Member

    Ideal time to get married while applying for GC

    Dear Rajiv,

    I am currently working on H1B and my fiance is on her F1, and has applied for her H1B. My company is filing for my GC and I was wondering when would be the ideal time to get married. We were planning to get married December this year, but if need be we can register our marriage in the US earlier if needed.

    Now I may qualify for EB1 filing. So my main concern is that if I file under EB1 and get married after my GC is approved and then file for my wife, would she file under EB1 too? Because if thats the case then we do not have to prepone our marriage.

    Also, from what I read in your forum, if I file under EB2, then it would take approx. 2 years for my date to be current, so I can just add her to my case when i file my I485 (which I guess would be in couple years). Is that true.

    Any suggestion or further insight on this matter will also be very helpful.

  6. Sai4GC

    Sai4GC Registered Users (C)

    I-485 Denial

    Hi Rajivji,

    Thanks for your continuous help.

    Here is timeline for my case:
    Company A:
    • Labor applied: Dec 05, 2007, approved on Jan 19, 2007
    • I-140 notice on June 07, 2007
    • Got RFE on Oct 30, 2007, RFE answered in time.
    • Got Denial on Apr 03, 2008
    • Did MTR on May 02, 2008
    • MTR denied on Jan 13, 2009
    • Appeal filed in time on Feb 12, 2009
    • Final Appeal denied on June 29, 2009

    • I-485 applied on Aug 23, 2007
    • Denied on June 25, 2008 (due to underlying I-140 denied)

    Company B:
    • Labor applied on Apr 21, 2008 , approved on June 24, 2008
    • I-140 notice on July 29, 2008, approved on Jan 22, 2009

    Then I received SERVICE MOTION TO REOPEN letter from Texas service Center on 06/29/2009 with following information (service motion opened by officer):
    "Accordingly, the I-485 denial decision of June13, 2008, is hereby withdrawn in light of the motion that was pending at the time of application’s denial and ultimate approval of second I-140 petition. The I-485 will be process normally".

    Then they put back my I-485 into in-progress on website and approved my EAD & Advance Paroles.

    • After I contacted Senator’s office and they re-opened I-485’s of my dependents.
    • Received Decision Letters for all on July 07, 2011 – saying “It is ordered that the original decision denying Form I-485 be withdrawn. It is further ordered that your I-485 be re-opened and processed in accordance with standard procedure”.

    Joined Company C in Aug 2011 (filed AC21):
    • Received a I-485 denial notices on Jan 12, 2012
    • Company C preparing MTR and a new H1

    1. What are my options?
    2. Do I have to apply for an MTR for my dependents also or just me?
    3. Do I acquire any illegal status even if I apply for MTR?
    4. My daughter is a freshmen in college, would it be better to go for f-1?
    5. If I would like to go for H1B, do I have to go to native country or can I go to a neighboring country?

    Please advice me.
  7. aapdesai

    aapdesai Registered Users (C)

    Questions regarding PERM audit, new PERM filing and job change

    Hello Rajivji,

    Me and my wife both are currently working on H1B VISA. I am completing 6 yrs on my H1B in May-2013.

    Here is my case :

    1. PERM applied by current employer in NOV-2010 under EB3.
    2. Audit ((Recruitment process and internal employee referral program)) received for PERM in DEC-2010
    3. Audit answered within stipulated time in JAN-2011
    4. As per US DOL site, current Audit cases priority date: June-2011

    As per point 4 above, my case should have been answered by now. But still there is no update on the same. Is there any way we can request for expediting this application? Or I have to keep on waiting on this?

    Also, I am not happy that my current employer has filed my case in EB3 category. I do have masters degree from reputed university in India and my education equivalence is compared to MS (Comp Science) in USA. Additionally before joining my current employer I had 5+ years of prior experience. Is it possible to upgrade my case to EB2 at this stage now? Or to start new case and then port to previous priority date? What are the issues i might be facing?

    Also, what is my option if i change my employer? Is it possible to have my priority date from current employer used by new employer?

    My wife's employer is filing her PERM in EB2 category. Is it possible to change job after PERM or I140 approval? What are the issues? Currently we both have jobs in two different states and would like to move to common location at earliest without delaying our immigration procedured. We would like to have our priority date set to earliest & preferably under EB2 category.

    Thanking you in advance.

    Last edited by a moderator: Jan 24, 2012
  8. yashraj31

    yashraj31 New Member

    EB1 category


    My H1B maxes out on 14-apr-2012.I am currently working as project manager with total IT experience of 10.5 years...My lawyer has considered me for EB1 and employer is ready...I have been in USA on H1 since Jan-2006..
    I was in India before that in same company from Feb-10-2005 to Jan-24-2006..as Senior project Lead..Before that I was on B1 for 8 months with same company from Jun-2004 to Feb-10-2005..as project Lead
    Before that I was in India still with same company from Jul-2003...as team lead and project lead...So I have been with current company since Jul-2003..
    I started IT career in JUl-2001...
    Do I look eligible to you for EB1...I do have more than 1 year of experience in india with same company as current in a senior lead/managerial role.
    Assusming i am eligible for EB1...should I go for EB1..directly on H1B....or file for L1A and buy 1 more year..and then do Eb1...what do you recommend..
  9. rajimg

    rajimg Registered Users (C)


    Hello Rajiv Sir,

    My priority date EB-2 is current with employer A. I am currently working for employer B on H1B which is approved till 2015.

    1. When do I NEED to apply for I-485? I mean can I wait for a year and if the dates are still current do it then?
    2.If I apply for I-485 with EAD and AP and assuming it gets approved when am I actually supposed work for employer A?.When I receive EAD or when I physically receive the Green Card or I-485 approval.
    2. You said previously that if I-485 is peding >180 days there is no requirement to join the employer as long as the jobs are similar. So can the 485 be delayed (eg incomplete documentations etc)
    3. If I never work for company A them will that be a problem now or later when we apply for citizenship.
    3. If me and my spouse get the green card from employer A and then my spouse also has an application pending with USCIS for EB-2 does it invalidate that?
    3.suppose we use AP for travel you said previously that H1B Status will still be valid, what do they write on I-94?
    4. If we are in India and the I-485 gets rejected it will also invalidate the AP correct? then we will need fresh stamping of H1B?
    5. Is it true that if an employer revokes I-140 we cannot carry our PD to a new employer any more.

    Now considering some posts above and the risk inovolved with denials etc of I485 should we just use this option:
    1. me and my spouse continue on our respective H1B's
    2. apply for fresh Labor and I-140 after my spouse graduates with his training and gets a new job
    3. and hoping he can still use his PD of sep 2007 from previous EB-2 and apply as soon as perm is approved.

    On a separte note my friend is currently on H1b visa from a cap exempt employer which expires on June 30th 2012.If he transfer his current H1b to a cap subject hospital, Is it true that he cannot start working until October?. So is there a way to get a new H1b by July and start working while the cap subject is pending? If not, Should he plan on leaving the country and returning back in October? So basically how to stay employed in the 3 month period between July and October with a cap subject employer

    he was told by an immigration attorney that there is a way around this transfer in the H1b portability provision INA section 214(n)act that d
    iscusses the ability of an H1-B candidate who is currently employed by a cap-exempt employer and is desiring to switch to a cap-subject employer, who can start working for the new employer as soon as the petition is filed and is pending. Is this true? but what if it gets approved say for example in july but has a start date of oct?? So do they use the tricks to delay processing??
    Last edited by a moderator: Jan 26, 2012
  10. bobbasic2002

    bobbasic2002 Registered Users (C)

    Incorrect Information on Form

    Hello Rajiv,

    I just wanted to clarify this with you – my GC was approved in August 2010.

    Recently, I contacted the company’s attorney who had done all the filing and asked him for copies of the paperwork to keep for my records.

    I noticed an error on the "ETA Form 9089" – The "Postal Code" on the form in Section C and Section D under Employer Information is incorrect. The zip code should be 75207, but was instead put down as 75027.

    Is this a problem? Should this be rectified now? What would be the procedure for correcting it? Or is it irrelevant because the GC has already been approved? Can this be a problem in the future?

    Thanks for the help.
  11. servant

    servant New Member

    I-485 Denial

    Hi Rajivji,

    Thanks for your time and help.

    Here is a timeline for my case:

    1. Labor applied Aug 8,2006,approved on Oct 16,2006
    2. Concurrent filing I 140/485 July 23,2007
    3. RFE ON I 140 Dec 3,2007
    4. 1 40 DENIED on March 12,2008
    5. RFE ON I 485 on Feb 20,2009[/LEFT]

    1. Labor applied on May 21,2008,approved on Sept 29,2008
    2. I 140 applied on Oct 27,2008, approved on Feb 18,2009
    3. Response of RFE of I 485 of company A and request for interfiling March 17,2009
    4. Denial of request of interfiling I485 Jan 17, 2012. Reason – COMPANY A- 140 denied and not eligible for interfiling as priority dates not current.

    Since I entered the US in Feb 2003 uptill now maintained the status of H 1 B status.H1 B VISA valid up to Jan, 2013. I never used my EAD/AP. My wife and kids also have H4 VISA valid up to Jan 2013. My family traveled to India using AP in July 2010, entered as parolee status and got I 94 mentioning parolee status valid up till Aug 15,2011. Immigration office took their original 1 94 CARD from H4 visa.


    1. What is the status of my family? Are they out of status due to denial of I 485 and using AP or they are in status as they have valid H4 visa up to Jan 2013 ?
    2. If they are considered as out of status? What can be done to bring back them in status?
    3. If they are in out of status than in how many days they should leave the country?
    4. Should they go back India and get their H4 visa stamped?
    5. If they go what are the chances of denial of H4 stamping ?
    6. The kids have school and in the middle of exams, can they go later ie before 180 days of the denial of 485 and wife leaves the US within 30-60 days and
    schedule the appointment for H4 stamping.
    7. If my family is considered as an out of status ? Can I apply for extension for myself and dependents by filing amended H1 B as relatively my job duties have changed with salary.
    8. Also, if filing of amended H1 B solution is available than will it effect my GC process as the perm was filed on basis of old H1B.

    Please advise me.
    Thanks ,
    Last edited by a moderator: Jan 26, 2012
  12. huna

    huna New Member

    Help needed

    hey Rajiv,
    i came to US on marriage base through which i got CR1 green card i applied for 10 yrs visa in the month of sept 2011 just after applying few days later i got arrested for selling counterfeit handbags i had my biometrics done in the month of oct 2011 they police arrested me with felony but the judge decreases it to 3 misdemeanors when i was arrested the homeland security was already informed about this now i m worried about my green card there is no probation i search online every1 has its own view so i m more confuse than before can u plz gv me ur views regarding this matter

    looking forward to hear from u

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