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Recording available for Feb 28 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Feb 24, 2013.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for Feb 28 Conference 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: March 14, 2013

    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: Feb 28, 2013
  2. raghu2082

    raghu2082 New Member

    I-94 Question

    Hello Rajiv Ji,

    Hope you are doing well. Thanks a lot for taking the time to answer our questions. I have a quick clarification regarding the usage of AVR and I-94 details we need to fill in the form I-765 when filing for EAD extension. We recently became Canadian permanent residents and thus entered Canada last month by Road to complete the landing formalities. Since my H1B visa stamping expired last year, I had to utilize the AVR rule to re-enter USA.

    As you know, we wouldn't be issued a new I-94 when entering through AVR but the gentlemen at the port of entry noted our entry in the computer system and we were let in, however he didn't put an entry stamp on our passports (mine and my wife's). I actually went back to the officer to clarify this and he mentioned there is no new stamp required on the passport.

    I am now applying for EAD extension and wondering whether or not I should mention my last port of entry as Niagara Falls, NY USA, which is our re-entry port into the US from Canada using AVR. Since I don't have a corresponding I-94 issued for this entry, I am not sure if I should mention Niagara Falls as my last entry. Instead, is it okay to mention my previous entry port (JFK) along with the valid I-94 issued that was issued at that time? I am not sure if it is okay to mention the port of entry as Niagara Falls and mention the old I-94 from my previous entry in the I-765 form. We highly appreciate your advise in this matter.

    Thanks a lot!
  3. tydder

    tydder New Member

    Will H1 extention work for a VISA for another company

    Hi Mr.Rajiv, it is very nice of you to spend time to educate and help the community with your knowledge.

    I was working in USA from 2009 to 2012 on H1B for an company (Say A), in 2011 my visa was due expiry so I had to get an H1 extension, which is now valid through Aug 2014. I left USA in Jan 2012, and also left the company A later in the year in Sep 2012, and joined another company B.

    Now an company C in USA wants to hire me and I am interested in working with them too. Company C HR/attorney are suggesting me to join their Indian office, and then they would be able to get me to USA on a L1 VISA.

    Here are my questions,

    1. Now that I am not employed by company C yet (nor by their Indian office), will they be able be get me USA as soon as they hire me at Indian office? As far a I have read on the forums, I understand one needs to be working for at-least one year for an company to be eligible for L1 processing?

    2. Now that I already have a H1 extension till Aug 2014 (company A as petitioner), can I go for Visa stamping with new invitation letter from company C?

    3. The best way I see out is that company C filing a new H1, which I believe is not subjected to quota. Is this correct to assume so?

    Thank you very much for your advice.
    Last edited by a moderator: Feb 26, 2013
  4. Kris0312

    Kris0312 New Member

    What's the difference?

    What is the approximate wait time for I 130 petition for a spouse vs K-3 petition?
  5. lveerubh

    lveerubh New Member

    L1 and H1 visa .

    I am employed with employer A who is willing to sponsor L1..Employer B has offered for H1b. And april's around corner. and L1 filing from A would take time.
    If I allow A and B to file respectively for L1 and H1b will there be any issues.
    will A know I have applied for H1b and if H1b is approved what is validity of my L1 in case I want to continue with employer A itself..
    Can I get my L1 transfered to H1b once its approved.

    Please suggest.
  6. sanshe

    sanshe New Member

    visa refusal for youngsters

    I am 28 years. I applied for Tourist visa to US when my uncle who is a citizen of US invited and sponsored me for the first time. My visa was refused. so me and other family members went on a europe and UK tour. again my mom sponsored me as all of us thought of going to US through a famous travel company. my parents already have US visa. this time too my visa was refused. I again applied for the third time. this time also my visa was refused. I have just started my own business now and unmarried. how can I get the US visa ? kindly help.
  7. Sihala

    Sihala Registered Users (C)

    Dear Rajivji,
    Good day. I am an OBgyn specialist (MBBS- 5yrs+ 1 yr internship + 3 yrs of MD/Residency - OBGyn)from India with more than 12 yrs of clinical experience in India. I spoke to you earlier on 31st Jan regarding my eligibility for EB2 category with Advanced degree and one more issue on J1. You said I might be eligible to apply for EB2 category but I have to wait for few months as changes in the laws are expected. I would like to know when can I expect to apply for EB2 under advanced degree.
    Thanks and Best regards.
  8. uday01

    uday01 Registered Users (C)

    Hi Rajiv,
    My wife's current AP expires July 8th and we will be applying for new AP. Can she travel on current AP even if the new one is not recd yet and come back on the new one that may come after she leaves the country. To travel on the current AP and then i will take with me my wifes AP when i visit to India later and can she come back on the new AP.
  9. uday01

    uday01 Registered Users (C)

    I joined company A on the EB-3 EAD from my previous company. So what needs to be considered if my current company A has to apply for EB-2 labor...
    => How different should the job profile or additional responsibilites be?
    => When can i move to that position? After approval of labor or I-140 approval etc etc
    => Is there a risk in doing so? Will the new immigration law which the congress is discussing will help the ones like me who are on EB-3 with priority date of Nov'2006?

    Thanks for your service.
  10. deepak.k

    deepak.k New Member

    H1-B, 221G and Conversion from H4 to H1-B again

    Dear Rajiv Sir,

    Today only I came to know about you through one of my friend and he has advised me to discuss my case with you.

    I was in USA on H1-B (7th year extension based on I-140) of company A and visited India in Nov 2011. During H1-B visa stamping, I got 221G. The application was sent back to USCIS for revision and it was reaffirmed in Feb 2012. In March 2012 I again went for stamping along with affirmed petition and again got 221g, this time Embassy sent application back to USCIS and cancelled my B1-Visa which was valid until 2014. I received a rejection letter from Embassy stating Employer has not followed employer employee relationship and they have sent case back to USCIS for revocation. It was EVC model. That H1-B petition was expired in Aug 2012.

    All this period my wife was working in USA on H1-B thru another employer. Now I have joined her in 2013 on H4. I also have a copy of my approved I-140 application. In case I want to again work in USA what are my options. Please suggest.

    Thank you for your time.

    Best regards,
  11. vikaspatel1

    vikaspatel1 New Member

    Laid off on monday from a full time H1B position. What are my options to continue staying in US?


    I got laid off this monday Feb-25-2013. I am still in US. Paycheck due March 01 and March 15.

    - How many days can I stay in US lawfully now and HOW?
    - One staffing firm has filed LCA on Feb-27-2013 Wed, and willing to file H1B transfer after they get LCA.
    What are the chances of H1B approval?
    - If I get rejected in H1B transfer, what is my status considered for these days in between until I depart from USA?
  12. Glad2000

    Glad2000 Registered Users (C)

    Hi Rajiv,

    I have a question regarding employer based gc sponsorship.
    I work work an who sponsored gc employer have labor cer dec 2011 priority date(india) for location xyz(location for job posted during labor cert). I know that the employer should have the ability to pay and intent to to hire until employee receives a gc. Is it also necessary that the employer should have the ability to hire at the same xyz location stated in the labor cert ? You know that this may not be that easy since piority dates take several years to move and eventhough the sponsor is hiring you it may not be at that location stated years ago in labor cert.
  13. dame

    dame Registered Users (C)

    Hi Rajiv,

    My employer have applied for EB3 to EB2 porting and my case is pending labor clearance stage. Since EB2 date got retrogressed/stand still and EB3 is moving in snail phase, Is it possible for me to maintain both state and pick one which ever becomes current first? If not at which state I am considered EB2 and is there any way to go back to EB3 if that becomes current?
  14. malanamanaka

    malanamanaka New Member

    India Travel

    Hello Rajiv,

    Currently I'm on L1A with employer A & have valid visa until June 2014. My wife is on L2 and she has same date valid visa.
    This year in April, I'm going to file for fresh H1B through employer B.
    My wife is planning to visit India in June and returning in September.
    If my H1B great approved and my status will be activated in October, do my wife need re-stamping to stay in US after October?
    I heard from somewhere if you travel after H1B application outside US, you need to re-stamp your visa as just extension is not valid.

  15. MTA

    MTA New Member

    Motion to Reopen Or Apply for new I-140

    Hi Rajiv,

    My employer filed my 1-140 and 485 concurrently in EB2 with premium processing. USICS sent an NOID on I-140 to my employer to prove ability to pay. My employer didn't have 2012 tax returns ready then, so he sent bank statements and my I-140 got denied. The 2012 tax returns should be ready very soon.

    My questions are:
    - Should we file Motion to Reopen (MTR) with 2012 tax returns?
    - Do you think 2012 tax returns will be acceptable evidence for I-290B and it has good chances of approval?
    - Do you think MTRs are extremely difficult to be approved, and I am better off filing new I-140 and 485?

    Last edited by a moderator: Feb 28, 2013
  16. gratio

    gratio New Member

    Remote work on TN status

    Hi I'm a Canadian US resident alien working in the US on a TN status.

    I want to work remotely for a non US company. This company has no presence in the USA. I wont be interacting with US clients or similar, just other employees of the company. They will be paying me with non-us source income as an independent contractor.

    Is this legal? Or can it be changed to make it legal? Will it create problems when I apply for another TN visa or when I cross the border after I reported the income on my tax return?
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