Recording available for download for Nov 5 Conference Call

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monica1

monica1

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Recording for Nov 5/ repeated on Nov 9 Call is available for download.

http://www.immigration.com/free-community-conference-calls

Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: Nov 19, 09
Conference Access Number: 1-785-686-1324
Conference Passcode: 552855

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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Unique Tax situation before filing N400

In 2009 IRS sent me notice that I owe taxes from 2007 as I missed to report some income from my consulting job (approx $2000). The company I consulted for did not sent me 1099-MISC that year. Now I have paid taxes to Federal as per IRS notice and also filed amemdment for state and paid state taxes as per increased income.

1. Should I answer "Yes" or "No" to following questions while filing for N400?

Question A.5 Do you owe any Federal, State, or local taxes that are overdue?
Question A.4 Since becoming a lawful permanent resident, have you ever failed to file a required Federal, State, or local tax return?

2. Can this be an issue for Citizenship application and at the time of interview?

3. What documents will be good to support this situation if it comes up in N400 process?

Thanks
vcpat
 
Naturalization Question

Rajiv,

Thank you very much for your excellent service. I would appreciate if you can answer the following questions:

Is petty offense exception applicable for Naturalization?

Let’s say you apply for Naturalization and your application is denied based on bad moral character or a misdemeanor, will the USCIS take away your green card and deport you? Once rejected, can you reapply for citizenship in future?

How many years you should wait to reapply for citizenship after the rejection to have a better chance?
 
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Dear Sir,

Is it OK to file a new PERM while a PERM application is in process with DOL for the same employee by the same employer in a different job classification(EB2/EB3) and for a different job code.

Thanks
 
485 Statistics

Hello Rajiv, I wanted to get your opinion on statistics released by USCIS on pending 485. What other information could they add to help predict movement of priority dates (off course with some margin of uncertainty and certain assumptions). I understand that biggest factor would be how many more folks would end up filling for more 485 but then maybe that would remain an uncertainty always.
 
Reinstatement question?

Hello Rajiv,

My Brother was attending Widener Univ while working at JpMorgan as an F1 student on CPT . During this time, he could not meet the requirements to be in status ( GPA requirements could not be met). He was asked to leave Widener Univ Feb 3 2009 , after which he got accepted to Devry univerisity Feb 3 2009 . However here is where the problem starts, the I20 for his new collge ( Devry univrtsity) says re-instatement required and did not remind /tell him about completing/updating the reinstatment.
He has now been summoned after being arrested by DHS and ankle braceleted.

Can u please help out with what are our options?
 
Hi,

What are the options after denial of I 130 based on failed to prove that marriage was bona fide.

We seperated in September (not legally) of this year and immigration started their investigation in Aug and they found out that we are not living together any more and she refused to help me reply to the letter. Upon asking my mother in law also denied that we are married to USCIS.

I replied my self with all the bills as of Sep. Our car insurance and her medical bills, tax papers and alot of other stuff.

Considering all these factors, what are the chances that USCIS will accept my paperwork i sent and consider in making decison.

What are my future options if they deny her petition and deny I 485? Below is a statement from denial letter which another user posted online.

"The U.S. Citizenship and Immigration Service issued a Notice of Intent to Deny on October 18, 2007. In the intent, you were granted thirty days to respond. Service records reflect that the beneficiary, "My name", submitted an affidavit and documentation responding to the allegations of marriage fraud.

Matter of DaBaase, 16, I&N Dec. 720. states that "Reopening of visa petition proceedings may not be instututed by the beneficiary; the right lies solely with the petitioner. The petitioner has sole authority to meet the burden of proof of establishing eligibility for the benefit sought. Therefore, it is the decision of the Service to deny the petition based on the findings in the Intent to Deny."
 
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- I am a permanent employee of company A and working on L-1 ( which was valid September 2011 ) and filed I-9 with them in Nov 2008. I will continue to work with Company A till my commitment date in 2010 June.

Now My 485 appoved (green card ) thru company B based on future employment.

- Company B sponsored Green card sponsored as a future employment. I got physical green card on 10/5/2009.

I will continue to work with Company A till my commitment date in 2010 June.


My questions are

how many days i need to work with company B after approval of green card ( 485 ) ?
when should I join the company ?
Is it mandatory to work with comapany B for some time?

What is the impact of the naturalization process, if I work for Company B for 6 months in 2010 june - December.

What is the issue if continue to work company A for next 5 years before the naturalization?

Thank you very much.
 
Hello Rajiv,
You might remember my case from the previous questions. I thank you again for your responses.

My husband has a recent history of arrest and charges of second degree assault involving me (hence a DV case). He has his naturalization interview coming up.
Due to my invoking spousal privilege, my husband's judgement was - not guilty, judgement of acquittal. However, on the defendant trial summary there is mention of Marital Privilege invoked after spouse sworn and the police charge sheet incident description mentions my husband admitting to slapping me and police seeing the visible redness on my cheek.
Given the information on trial summary and police statement of charges, should my husband worry about anything that can create issues during the interview? should we have a lawyer representation during the interview? is there any chance that an IO will consider deportation since it was a DV case and my husband admitted to his mistake to the police. what should we do?? please advice.
 
hello,
have a question regarding my husbands situation. he will be starting his residency in General surgery June 2010. the programs he has applied to sponsor will sponsor his H1. what is the route or category(EB1/EB2) for residents ? and will any program apply for his greencard ?
if no, then can we apply for GC externally and pay for the expenses.
 
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Sister case.......
Request to reopen case..... on case denal before.......on May 2008 and bond held
5/08/09 she got DV NL 2010AF9xxx
5/28/09 sent form DSP- 122 back to KCC
6/18/09 Got notice about process on AOS
9/28/09 Sent motion to court to drop her old case,she is on deportation proceeding...... No Respond yet for her old denal case
9/30/09 Sent payement DOS to do AOS
Is there any one who won DV while you are on deportation proceeding or Removal proceeding????????

I need help !!!


this my sister case what chance is she has to win this case......and ofcourse the DV ?
 
I am on H1 Visa from last 3 months.

I would like to apply medic-aid (state and fed gov) help for my wife ( on H4 Visa) .
I am not sure the impact of the medicaid impact on future complications with this.

Please let me know my H1 extension will have any impact on the medicaid hep.

Will there be any issues with VISA issuance for me and spouse.

Appreciate your response.
 
Once my husband starts residency on H1 can we
1) apply for O1 to get the greencard faster ?
2) apply for Greencard while on H1 externally and not through the university program
3) can we start the Greencard process immediately in the first year once he gets the H1.

need some help with our situation ...
 
Am I eligible for disability benefits on EAD

Hi Rajiv,
I am currently on EAD and paid taxes for 10 years and have more than the required credits. I have pre-existing disability and it got worse recently. Am I eligible to apply for disability benefits.
Please help me on this.
thanks,
anand.
 
Hello Mr.Rajiv,

Thanks for your time and hats-off for providing such a kind of services to the community even in your busy schedule.

I in in L1B, individual petition and have following questions about Green Card.

1. I did my Diploma after SSLC and then Engineering B.S with Bits Pilani for 3yrs through distance learning. They offered only 3yrs course based on experience. [Totally 10+3+ 3 yrs of study]. I have currently 15 years of experience and working with the present company for past 6 years [5 yrs in INDIA and 1 yr in USA]. Am I elgible for EB2 category?

2. Since Green Card may take more time and L1 is not extendable than 5 year, Do I need to convert to H1 from L1-B? if so do they have to file seperate H1 Petition or Just file COS?

3.If I process H1 through different company seperately and if get approved, up to what time I can keep it open without joining that company? what are the limitations and vailidity?

thanks and Best Regards
Sathish
 
I-539 (H1B to F-1) Denied. Please help!

Dear Rajiv,
I filed for change of status I-539 application recently from H1B to F-1. Recently I got the denial notice from USCIS. I will appreciate if you could help me to come out of this situation. Following is my situation:

1) I came to U.S on H1B on 3-Aug-2007. My H1B petition
and visa expired on 30-Sep-2009. My dependents(wife + son) were on H4 during this period.
2) Before my H1B petition and visa expired on 23-Sep-2009 I applied for change of status from H1B to F-1 i.e. Form I-539 with USCIS along with dependents added in it.
3) Since the Form I-20 issued by my school had a start date of Dec 1, 2009 i.e. more than 30 days from the date of filing I-539 and the actual start date of my course, USCIS DENIED the change of status application stating following reason:
"...An F-1 student may be admitted for a period upto 30 days before the indicated report date or program start date listed on Form I-20..."

4) My school is aware of their mistake and have already issued me the updated Form I-20 with the new start date of my course from 30-Oct-2009.

Could you please let us know what are my options NOW? If MTR can be filed what are the chances? Could you help me filing my MTR ? And how long it will take to file MTR?

I will appreciate your reply.
 
What are forms used to apply for gc

I know you have heard this questions many times before,:confused:
I came into the country with a F1 Visa which expired, I later got married and I now want to file for a gc. I have been married more than a yr now.
Would you kindly let me know, which forms I would need to file concurrently and if there is a fine as I had gotten out of status before I got married.

Thanx:)
 
Regarding Age Limit of Children under H4 status.

Hi Rajiv Ji,
Thank you very much for your generous service.

My question is about: upto what age, children can be on H4 status.

(Incase if parent is only on H1 extensions based on approved I-140 and waiting
for dates to apply I-485)
e.g: If a child completes high school and wants to college, but his parent is still on H1 status. Do that child need to apply for a separate visa like ..F1 or can he study college being on H4 status ? if so, upto what age he can stay on H4 status ?

Thanks in advance
Sai
 
hello rajiv,
i am currently in OPT, my OOPT ends DEC 2009. I applied for H1B and got approved. My employer says that he applied in counsulor process which means i can opt for the start date of my H1. So he wants me to apply for OPT extension. Can i go for OPT extension? Will my H1 create any problem for my OPT extension? Can i apply for a fresh H1 next year if i choose to go for OPT extension?

Thanks,
Vamsi.
 
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Process for Citizen to file GC for Canadian parents

Hello Rajiv:

My parents (both are Canadian citizens) are visiting me in the US now.
I am a naturalized US citizen. I am planning to file for their GC soon.

My questions to you:

1. Can I file an AOS along with I-130 while they are visiting me?
2. Do they need to leave US or can they continue to stay with me after I file I-130 and AOS?
3. Or do I need to file I-130 and then CP?

Thank you.
Giri
 
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