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Hi Rajiv,
I really appreciate your service and helping tendency toward immigrants.

My questions is, I am on EAD (my 140 and labor was approved 1 and half years back) now I am planning to change
the employer, Last year I had an RFE on my 485 stating that job title is different on 485 and labor. Where 485 title is "Software Engineer" and
Labor one was "Programmer Analyst", for the response to INS my lawyer sent a letter that there was a typo on the designation.

On the other hand, I am having the new offer where my job title is "Assistant VP", (where I need to perform design, architecture, little bit of development...)

For AC-21, new employer is ready to offer "programmer analyst" title, but my offer letter will have "Assistant VP".

Having considering these scenarios with 485 RFE on Job title and filing AC-21, what is your suggestion?? Should I take this new offer or just continue with my current employer.

My priority date is 2005 on EB2...

Please advice.

Thanks
Balu
 
Referral Fee

Hi Rajiv
I am on H1 and recently referred a friend who was looking for a job to a consulting company.
The company is now offerring me a referral fee.

Is it legal for me to accept such referral fee or shall I forgo it ?

Thanks & Regards
 
Hi Rajiv,

Thanks for the nice service.

- I am on H1B valid till 2011, and got a lay-off notice. I have a house and family / son in high school. We are Canadian citizens.
I am hoping my company will call me back in 6 months, meanwhile I am looking for another job on TN or H1B visa.

My basic needs are - not to disturb my family, my son's school and
- stay another 6 months in USA till things turn around or I can find another job.

Should we stay in US as visitor and can we considered it as an automatic transfer from H1B /H4 to visitor status.
What are my best options?

If I take another job in Canada or work in US on TN visa, does my H1B visa with my current company expires?
If after few months my company call me back, Can I join again on same H1B visa? Or I need to apply again? Will it be subjected to quota?

Thanks.
 
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I-94 not returned at US airport

Hi Rajiv,

I came to US on L1-B in Jan 2007 and returned back to India in Sept 2007. While returning, the officer at the US airport did not ask for my I-94 and I came to India without returning the I-94. I was not aware of that I-94 has to be returned at the US airport while leaving the country.
Again, I came back to US in Aug 2008 and I got the new I-94 at the port of entry.

My question is - What can be the potential issues of not returning the I-94 while leaving United States. What steps can I take now to avoid any future problems due to this.


Thanks a lot.
Rose
 
Posting on behalf of a user

Dear Rajeev,

I am currently in US and on L1B, had applied for H1b and same got approved ob
Oct 1,2008. Now I would like to move from L1B to H1B , is it possible since
H1b was approved almost like 10 months back ? I have valid I-94 for L1 until
Feb 2010 , also I-94 through H1B (I797-A) is valid until Mar 2011.


Thanks,
 
sponsor for a tourist visa (I-134 affidavit of support) legally responsible for the medical bills

Is the sponsor for a tourist visa (I-134 affidavit of support) legally responsible for the medical bills of the tourist? FYI, -134 affidavit of support calls for the sponsored person not becoming public charge but as per USCIS health services are excluded from the public charge definition. Is it true that I-134 is not legally binding due to the specific language used there?
 
Hi Rajeev,
I am Canadian PR Holder. I have completed 9 years on H1b. I just applied for another 3 year extension based on approved I140 and pending 485. But I am on bench without project. I am with same employer for last 5 years and have got 2 approved H1bs from this employer in past(transfer after 4th year and extension after 6th year). I am worried about an RFE and how it will impact me. My wife is also Canadian PR also has H1b and has pending Labor certification and is currently working on a project.

1. I am planning to apply for EAD so that I can stay in USA if legally.

2. Can a person who loose H1b due to non availability of employer letter use EAD and continue to stay in USA?

3. You had said that pending 485 could be in jeopardy as well... can you please let me know how this happens?

4. Also Can Canadian PR holder work in USA under TN Visa?



Thanks

ShyGuyCalif
 
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J-1 waiver

Dear Rajiv,

I am an American citizen and my wife used to be in America under J-1 visa and she was able to spend about 1 year and 2 months in her home country. Currently we are residing abroad due to my study. I am planning to file her I-130 petition through the US embassy here (DCF filing) but since she still hasn't fulfilled the 2 year requirement, we were thinking of applying for the J-1 waiver (no objection waiver) first. I have several concerns pertaining to her case:

a) She misplaced her DS-2019. We're trying to retrieve it from her school. If we are not able to get a copy of her DS-2019, can we still apply for the waiver?

b) Is it advisable to proceed for the I-130 petition while we are applying for the waiver or should we wait until we received the waiver? If I-130 was filed in advance, does it get nullified if my wife had to go back and complete her 2 year residency requirement?

c) If the waiver doesn't work out, I am planning to send her back to her home country after I finished my study. Does she have to spend another 10 months only (since she stayed there before 1 year 2 months) or would she have to do a complete two years again?

--
We really appreciate for your assistance.

-Abu Maryam
 
Hi Rajiv
i had a petition for my wife (family based i-485), filed privately, we received a RFE requesting for a DNA test for one of the kids that we have. My kids are currently out of the country visiting with their grandparents, i have one month to get the RFE sent back, but the kids do not come back until after the time. I wanted to know if it is possible to get an extension on the RFE or if possible to challenge this request.
 
Hi Rajiv,

I Filed for Green Card through marriage, applied for the process , and now i have a 485 pending notice.. But now the situation is , I lost my passport and I am really confused what to do, If I apply for a duplicate passport in lieu of lost passport, will that make any difference/complication to the application process, How should I proceed??
 
H4-H1B-H4 Clarification
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Hi Rajiv,

I came to US on H4 in May,2006. And my husband is primary on H1,
changed company in June 2007 and his H1 is valid till June,2010.
That time his company also applied H4 for me, and it is valid till june 2010.
I got H1B in October,2007 and worked till April 2009.
Myself and my husband went to Mexico and got stamped H1B on our passports.
I travelled to India and returned on H1B in May,2009.
Since I am not getting project due to market,my employer asked me to convert to H4.
1)What is the procedure?
I saw in some forums that I can travel out of US and return to US on H4.
Is it correct as I travelled to India on H1B. If not what are the other options.
2) Do they need my curent pay stubs?
3) My husband is going to complete his 6 yrs on H1 by June,2010.
The PERM is going to be filed in this month. Will this create any issues?
Thanks for your help.
SK2008
 
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