Recording available for download for Nov 3 Conference Call

monica1

monica1

Administrator
Staff member
Recording available for download for Nov 3 Conference Call.
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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: Nov 17, 2011

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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.
 
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Change of Status from L1 to H1

Hi

I have a question.

I am currently on a L1B company specific visa with my employer. I have quit
my job and Nov 4th, 2011 is my last working day with my current employer.
Last week I have filed for my H1 visa in premium category as well with
another employer.

I wanted to know if I can legally stay in the United States after Nov 4th
2011 since my H1 is under process. I would have left my current employer and
I would not be working in this period with the new employer but could I wait
for my H1 to be approved? Also, what happens in case of a RFE?
 
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FTJ IV CP –EB3 Petitioner not advised by attorney re: Process

This is a complicated matter and I need some advice please.

Long story, short:

LPR friend (EB3) filed an I-824 FTJ (CP) in 2008 for his wife and four children, which was approved two months later (PD 2001). Since that time, he has not heard anything further regarding the FTJ case.

The petition was filed using an attorney, but for the past three years, his attorney has never been available to meet with the LPR friend. The attorney will not take his phone calls (goes to voice mail) or when he does talk with the petitioner, he gives excuses that he is too busy with family, his restaurants, etc. Our friend did not have his immigration file as everything was retained by his lawyer.

Finally, the friend asked me to check the status of his case and gave me the receipt number from his I-824 application. I was able to call the NVC and provide details (names and dates of birth of the petitioner and beneficiaries) and was advised that the NVC had not had any response regarding the IV during the past three years and that the IV was now in the Termination phase. However, his case can be reinstated back to active phase if the petitioner can provide reasons that the default was beyond his control.

I advised NVC that the LPR petitioner had not received anything from NVC regarding the case, nor had the beneficiaries. NVC advised me of the dates of the letters sent which were all sent to the attorney.

Again, our friend tried to contact the attorney, and again he did not take his call. I immediately called and spoke with the attorney and requested that we receive his immigration file for me to follow up with the NVC. My DH retrieved the file from the attorney at his restaurant the next day. The file is very skinny (less than thirty pages) and is missing all documents regarding the FTJ IV case.

I have since discovered online that this attorney was suspended indefinitely from the State Bar because he “botched his client’s asylum application and misappropriated client fees”. This case goes back during the same time period in which our friend filed his I-824 with this attorney. The attorney had a solo practice, worked without a support staff, and handled no more than ten immigration clients at a time.

The attorney never told our friend that he was suspended; only that his license had EXPIRED! The attorney was charged with judicial misconduct, and the next step is disbarment.

As all correspondence regarding the FTJ IV case was sent to the attorney and the petitioner was not advised regarding processing his IV case, would this be considered “beyond the control of petitioner” for the IV case default? My friend refuses to file a grievance with the Bar regarding the attorney because he is a “family friend”.

Thanks in advance!
 
Porting PD from Employer A to Employer B

Hi Rajiv ji,
Namaste. My name is Bhati and I am on my H1-B visa. I worked for Company A who filed my Labor Cert (PERM) on Sept 2, 2009, which got approved in April 2010. I changed employers because of a lay off in Dec 2009 and moved to Employer B, who filed my PERM (filed on May 5, 2010) and I-140 (filed in Sept 2010). Both PERM and I-140 with Employer B got approved. I-140 filed by Employer B was approved in May 2011. I am waiting for my PD (Priority Date) to get current so that I could file I-485. Please note that Employer A did not file my I-140. My previous Employer A sent me a copy of PERM filed by them and also an approved Labor Cert. letter from DOL.

Questions: (1) Can you please advice me if my current Employer B will be able to port my previous PERM's priority date of Sept 2, 2009 (PERM filed by previous Employer A)? Kindly note that I-140 with my current Employer B is already approved.

(2) If the answer to Question (1) above is "Yes", can you please advice me what the process is to Port Priority Date?

(3) I came to know that there's a new process in place where USCIS will automatically port PD even though employers do not request to PORT PD's. Is this true?


Thanks for your help!


Regards,
Bhati.
 
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Worksite moved to new location during GC process

Hello Sir,

I have an approved PERM and I-140 (EB2) which were applied for our office location in Salem, Oregon (priority date 6 Nov 2007). About a year after the I-140 was approved, the company moved that office to a new location in Corvallis, Oregon about 33 miles away(MSAs are different as per FLC Data Center website). My company lawyers are now saying that since the old work location does not exist anymore, we have to restart the GC process by filing a new PERM.

1. Is this the correct process or can a I-485 be filed on the approved I-140 after the priority date becomes current?

2. My manager is willing to relocate me to Salem, Oregon, but there is no office there anymore. My employer allows me to work from home. If I move to an apartment in Salem, Oregon and work from home, is that sufficient to be compliant with the PERM requirements?

3. If I relocate to the Corvallis, Oregon office, will that be sufficient to be compliant with the PERM requirements?

I would really appreciate any advice in this matter! Many thanks in advance!
 
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dates on I539 approval and I94 are different

Thank you so much for the service!

I filed for change of status(I539) from H1(H1 expired on 01/25/2011) to H4 on 01/25/2011 until 09/30/2011. My I539 was approved on 09/15/2011 and the validity dates on the approval and I94 says 09/15/2011 to 09/30/2011. My Questions are:

1) I contacted the USCIS and they say they approved it for right dates (the valid date starts from the date of approval)
2) What was my status form 01/26/2011 to 09/15/2011 as I was expecting the the valid dates on the approval to be 01/26/2011 to 09/30/2011
3) Is this normal and will this affect my GC process in any way?

Please let me know?
 
Is a New LCA and H1b Amendment required for Change in Client Location

Rajivji,
I-485 Filed & Pending. Primary Working on H1b, travelled and entered on AP as parolee
continuing to work for the same employer at a client location. Client moving to a New Location @ 7 Miles and
within the Same MSA in @ 6 Months- No other Change.I have seen on some forums that California Service
center seems to be issuing NOIR(Intent to Revoke), considering a new Location a Material Change and
requiring a New LCA & a H1b Amendment.

1) Should a new LCA and H1b Amendment be Filed and how early can it be filed?

2) In case the Client move is delayed by like a Month or so than mentioned on the I-129 Amendment,
could I continue working at the previous location(Since both the existing and future location will be
mentioned in the new LCA) - same client after the Approval of the H1b Amendment

3) Spouse on H-4 (Used EAD) & Son on H-4 Travelled on AP .Can a I-539- Change of status
Filed along with the H1b(I-129) Amendment to get them back on H-4 status.

4) Can the Spouse(EAD)file a I-539 Change of Status after the H1b Amendment is approved?

Thank you very much.
 
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Negative profitability

Hi Rajiv,

While I was checking out the option for changing from EB3 to EB2, I came across the negative profitability.

1. If the company is running with negative profitability, will this become a rejection critera for PERM/I-140 process?
2. Can a person on H4 work/help a friend's company for free?

Thank You.
 
Entering USA on a Re-entry permit after 18 months and Class C misdemeanor

I'm a US citizen and my wife got her Legal permanent residence in Feb 2010. My job got transferred to India in September 2010 and my wife moved to India in March 2010 and her wife's re-entry permit is valid till March 2012. My wife delivered a baby while in India and the child got US citizenship as well.

I just got a job in the US and I plan to move back to US with my family before her re-entry permit expires in March 2012.

We still have a house in US, jointly filed taxes as residents, maintain US bank accounts and credit cards and I've all the paper work of my job transfer and the current job offer.

In March 2010 my wife got arrested for shoplifting over 100$ in February 2010 . The case status shows "dismissed" in the criminal records with a bond of 1000$ and 60 day probation

Considering the situation, what are the chances of my wife getting entry in the US with a re-entry permit , staying abroad for over 18 months ?

Would you be able to represent us at the port of entry in case my wife faces any sort of issues in entering the US ?
 
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Asylum and OPT

Hi Rajiv,
I got a question related to my OPT and asylum application. I applied for asylum this year and my application was accepted on July 2011. I had my asylum interview on August 29th,2011. I haven't got any kind of decision from my asylum officer till date. I'm graduating this December. My question is that should I apply for my EAD through OPT or as an asylum pending after the 150 days i.e. sometimes during end of december. I'm planning to apply for EAD through OPT. is this a right decision? Will there be any kind of problem if my asylum application is denied and I apply for H1B when I get a job?

Thank you for your suggestions.
 
Visa Stamping questions

Hi Rajiv Sir,
Thanks in advance for your suggestion. I am on my H1-B visa and I have been on H1-B visa since 2004. While my H1-B visa was with Employer A, I was on bench for about 9 months in year 2004 (Oct, Nov, Dec) and 2005 (Jan to June). I worked for about 2 months with employer A where I got my pay stubs to transfer my H1-B visa to Employer B in July 2005. I did not file taxes for 3 months in year 2004 and 6 months (Jan - June) in year 2005 for the time I did not work as I did not have W-2 with employer A even though I only worked for 2 months with Employer A. I filed taxes only for 6 months I worked with Employer B for year 2005. After 2005, I was never on bench till date. I have been filing taxes on time without any issues for year 2006, 2007, 2008, 2009 and 2010. I have W-2's for 2006, 2007, 2008, 2009 and 2010 years.

Now, I am planning to go to India for Visa Stamping. My question is (1) what are the chances that Visa Officer would ask me to submit W-2/tax returns for year 2004 and 2005 (the period that I did not work) in order to issue H1-B visa?

(2) If I can not submit W-2/tax returns for the period that I did not work in 2004 and 2005, would it be an automatic rejection of H1-B visa?

(3) If Visa officer asks me the question about my W-2 for year 2004 and 2005, and if I say that I could not file taxes because I did not have W-2 for year 2004/2005, would visa officer still issue visa based on the fact that I have W-2's/tax returns from 2006-2010 (5 years)?

(4) My belongings, My car and everything is here in USA. In case, Visa does not get approved, would I able to request a temporary visa to USA so that I could take care of things and then move back to India?

(5) You mentioned in one of your earlier conference calls that situation is not good for visa stamping due to visa rejections. COuld you please advice if the situation of getting visas approved has improved since last 6 months?

I appreciate your help and advice.


Thanks,
Vidya A.
 
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DS-160 Form Question

Dear Rajiv ji,
Kindly confirm my question about DS-160 form.

I came on F-1 Visa and currently on H1-B Visa. When I was a student, I worked for a small company for 5 months as an Intern (Co-Op) in the field of area that was related to my work, which was MS in Mechanical engineering. However, I am working as a software engineer now in IT field.

On DS-160 form online, they are asking me to fill out previous work experience.

Question: I will be putting my Software Engineering experience on DS-160 form. Do I need to put my 5-month internship experience also on DS-160 form? I am just worried because this experience is not related to IT experience. Kindly let me know.


Thanks,
Lakshmi.
 
EB2/Porting/EAD - Very Important decision

My priority date is 3rd Jun 2008 EB2 (I-140 approved on April 15th 2009), I work as a consultant for a big company who has recently offered me full time employment.Also my H1B is due for 3 year extension in Jan'2012. Here is what I need to know :

1. Current Employer says that he will revoke I-140 as soon as I leave him- Can I still capture my priority date ( 3rd Jun'2008) if i join the new employer and my current employer revokes my I-140.


2. Is the news true about EB2 movement in Dec 2011 by Mr.Charles Oppenheim during his recent AILA meeting? I initially had plans to join full time with my new employer by I-140 porting but with this news on Dec bulletin, i am in dilemma whether to join or wait?

3. Also, in case i get current, how long does it take to get an EAD card? Can i immediately join my new employer after getting EAD?

PLEASE NOTE: As i am also 4 months pregnant, i really need to make a correct decision at this time whether to join the new employer or look for another project outside while waiting for date to be current.
 
I graduated Masters in Computer science from a reputed university and worked on different projects with OPT. I thought about pursuing MBA and joined Tri Valley University ( for mobility and fee structure) since i wanted to change my career path to BA. During this process of changing school my H1 got approved and i moved to another state and after a month or so the school was shut down.

Recently I got a Full time opportunity with a really good company and applied for H1 Transfer and got RFE to submit documents regarding TVU.

I was in status when i got my H1 and also when i applied for H1 transfer. So, no questions about out of status issue. I took all the classes and i have all the information needed to show the immigration authorities. Only issue would be that i was in a different state and not in California for the 2 semester. ( Summer and Fall - got H1 from Oct.)

· Copy of student ID card
· Copy of official transcripts
· Copy of grade reports
· Proof of tuition payments
· Receipts for books and supplies
· Evidence of his residence in the area around Tri-Valley while he was a student there.

How do i go about this? did anyone received approval for this kind of query?

Last one Evidence of his residence in the area around Tri-Valley while he was a student there I dont know what to say because the college had virtual classrooms and i stayed in a different state.Also i don't know how to go about submitting my pay stubs in early 2010?
 
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