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Recording available for July 1 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Jul 1, 2013.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for July 1 Conference Call.
    http://www.immigration.com/community-conference-calls-recordings


    ----------------------------------
    Conference Dial-in: : (202) 800-8395
    Topic: General Immigration Related Questions
    Start Time: 12:30PM, EST
    End Time: 1:30 PM, EST
    NEXT CALL DATE: July 18, 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: Jul 7, 2013
  2. ahmed_nov1984

    ahmed_nov1984 Registered Users (C)

    Applied for Greencard through DV lottery- Past arrest not disclosed I-485

    Hello Rajiv Sir,

    Currently I am on H1b visa and applied for Green Card through 2013 DV lottery process.

    I have done my Bio-metrics and just waiting for interview to be schedule.

    I have a dark side back in 2005 I was arrested along with 3 more friends in India for a fight with RTC Union and they put the false charges on us. After some hearings Judge gave us warning and closed the case in 2008.

    I have applied for passport in 2006 and came to USA in 2007 on F1 visa and there after maintained the status and clear history.
    When I applied for H1B I never disclosed about my arrest back in 2005 and had no issues with that incident. And I was crazy enough not to disclose it again in I-485 think about that I haven't done any thing wrong in USA.

    Will this past arrest will impact on my status and Green card eligibility now. Because recently I came to know that FBI will do background check in India.
    They never took my picture, finger print in Police station in India. the case was registered in some other Police station and not which is close to my house.

    Do you think I should disclose this to USCIS or it is too late now and can your firm help me in this situation. How to contact you if required?
     
  3. justaquestion

    justaquestion Registered Users (C)

    485 RFE -- Employment Verification

    Hello Mr Khanna

    I have changed job after 180 days of filing 485 (EB2 - 140 approved). Working as Full Time Employee in a good product company.

    I now have the standard RFE (for job letter) from TSC. The RFE says that the letter should include "the minimum educational or training requirements"

    My Education is 3 Year Bachelors + 3 Year Masters (from India) + 15 years of experience. The PERM says Masters + 2 years experience (no alternate education/experience).

    My new Employer's job letter says --- "the position requires Bachelors + 7 years experience . Alternatively , Masters + 2 years experience will be accepted".

    Everything else (job duties, salary etc. ) matches PERM.


    Question 1: Do I have a risk of denial due to the discrepency in Education Requirement (PERM says Masters +2 While Employment letter says Bachelors + 7 but Masters + 2 will be accepted) and because I do not have a 4 year Bachelors?

    Question 2: The letter currently mentions that I am a Full Time Employee but does not have the exact phrase "Permanent Employee". Does it need to say something like that (Permanent or "at will Employee") ?

    Question 3: If there is a risk, can I change job now (after the RFE is issued) and send letter from a new Employer before the RFE deadline ?

    Question 4: I heard that when replying RFE, one need to include the RFE Gold Sheet on top. However, I did not get any Gold Sheet with RFE. Is it OK to include just a copy of the RFE with reply ?


    I would also mention that the new Employer's Attorney (not the same Attorney firm who submitted my 485) said that it is even OK to submit a Employment Letter without mentioning the Educational Requirement
     
    Last edited by a moderator: Jul 2, 2013
  4. Page123

    Page123 Registered Users (C)

    H744 - H1B outplacement

    HI Rajiv
    In one of your previous community conference call session , I had inquired about the interpretation of restrictions on H1 dependend employer with regards to following
    (a) Outplacement (15% or more)
    (b) Allowable limit on max number of H1 employees for the year 2014,2015 and so on

    Can you pls confirm if for both (a) and (b) , and intending immigration is excluded from the calculation and is not subject to the said restrictions. You had indicated that employees falling under (b) are exempt and are not counted against the limit BUT employees under (a) are not exempt and even intending immigrants are counted against the 15% limit. I wanted to once again specifically confirm if employees falling under (a) are exempt or not
    I was reviewing the bill and its a bit confusing with regards to (a) . Following is the extract
    OUTPLACEMENT.—Section 212(n)(1)(F) (8 U.S.C.1182(n)(1)(F)) is amended to read as follows:
    ‘‘(F)(i) An H–1B-dependent employer may not place, outsource, lease, or otherwise contract for the services or placement of an H–1B nonimmigrant employee.
    The term ‘H–1B-dependent employer’ means an employer that—
    ‘‘(iii) in the case of an employer that has at least 51 full-time equivalent employees who are employed
    in the United States, employs H–1B nonimmigrants in a number that is equal to at least 15 percent of
    the number of such full-time equivalent employees.‘‘(B) In determining the number of employees who are
    H–1B nonimmigrants under subparagraph (A)(ii), an intending immigrant employee shall not count toward such number.’’.
     
  5. zackhasit

    zackhasit Registered Users (C)

    Hello Mr. Rajiv,
    Thank you for taking up this question.
    I work for company AAA which got acquired by company BBB 1 year ago. I was using H1B for safety reasons at AAA although I had EB3 485 (Priority 2003 Nov) pending since 2007 and had an EAD.
    New company BBB sent me a letter which is addressed to USCIS that they have acquired company AAA. I was told that new company BBB will not transfer the H1B until I need to travel out of the country and that letter sent to me earlier is good enough as long as I am in the US. So for past 1 year I have H1B with AAA company written on approval letter although I am now an employee of BBB due to acquisition.
    Now I am planning to change Jobs on H1B (move to a third company CCC) so my question is if I need to first have my H1B transferred to BBB before I resign or can my new employer directly transfer my old H1b from AAA to CCC ?

    I don't want to use EAD for safety reasons.

    Thank you.
     
  6. reply580

    reply580 New Member

    Visiting India H1B cos applied

    Hi Rajiv,

    I’m on L1B visa and applied for H1B( Cos-regular quota) this year. I’m currently waiting for my approval.
    Is it possible that I can travel to India for couple of weeks before COS approval which is expected in October?
    If not,then what's the best & safest solution for travailing to India before approval .

    Also my wife is on L2 and her company has applied general H1B visa for her.Can she travel to India before she gets her approval?


    Thanks
    reply580
     
  7. satya.horizon

    satya.horizon New Member

    Change of Status (F1 to H-1B

    Hi Rajiv,

    I am currently on F1 status and applied for a H1 COS from October 01st and the petition was approved. After H-1B Approval due to emergency I travelled out of country and back on F1 visa with new I-94 copy.

    Now my question was from Oct 01 I will be on H-1B or F1 as my I-94 was changed and it reflects F1 status.

    I read Hernandez Letter does it cover my scenario. How we need to explain it. Can you please give brief idea on it. or

    Do i need to file once again H-1B change of status from F1 to H-1B based on new I-94.

    Thanks
     
    Last edited by a moderator: Jul 1, 2013
  8. raghu2082

    raghu2082 New Member

    AC21 Portability advise

    Dear Rajiv ji,

    It has been well over 180 days since I have filed my i485 application. Now, I am contemplating a job change to a full time opportunity with a Fortune 500 company by doing an H1B transfer to the new employer and using the AC21 portability option. I have the following questions in regards to AC21 Portability.

    1) As is posted in several immigration discussion forums, is it true that even if AC21 is filed, usually it doesn't reach our green card file and thus resulting in an RFE/NOID/Or straight denial of i485(in some cases), if the original sponsoring employer revokes i140 petition?

    2) I have a Masters degree with 8+ years of experience and my current PERM job is Masters degree required with no minimum experience stated in the PERM application (surprised to see no minimum number of years of experience stated in the application!), where as my new Job is Bachelors degree required (Masters preferable) with 10 years of experience. Is this difference in qualifications from PERM job to the new job a concern for AC21 filing?

    3) Also, although my new job is in the same technology domain as my existing PERM petition, my job title is different and also my new job responsibilities have some technical supervision/managerial responsibilities, where as my current PERM job has no such responsibilities mentioned in the PERM petetion. Are there any red flags with such difference in job duties?

    3) The remuneration in my new job is around 30% higher than my current PERM salary, although the geographic location of the job has changed from Michigan to New Jersey. Can this create issues for AC21 Portability?

    4) In the event I receive an RFE on my employment with my original GC sponsor, asking such details as job duties/training undergone etc.. presumably I wouldn't be able to obtain any support from my GC employer since I would have moved out of their organization. How should such scenarios be handled?

    5) In the worst case scenario, if the i485 application has been denied because of a revoked i-140 petition by the GC employer and/or the USCIS officer didn’t see that the two jobs are similar as filed in the AC21 petition, can one use the priority date of the previous Green card application for the new green card application?

    6) Are there any other risks one should be aware of in making a job shift using AC21?

    Thanks a lot for invaluable advise and your sense for serving the community.
     
    Last edited by a moderator: Jul 2, 2013
  9. s_manimaran

    s_manimaran New Member

    I-131 Re-entry permit for personal reasons

    Dear Mr. Khanna,

    My wife and I received our green card in October 2011.

    1. My father passed away recently and so I need to be in India for an extended period of time to help my mother settle down. My wife cannot manage our 2 kids alone here in the US. So we are planning on applying for re-entry permit for the above reason. Is this a valid reason for re-entry permit?

    2. I might not get much support from my employer in the US in this regard. I might quit and take a temporary job in India. Is re-entry permit always tied to a US based company?

    Please advise.

    Thanks.
    -Mani
     
  10. neekat

    neekat Registered Users (C)

    N-400 application - Travel between fingerprinting and interview

    Hello Rajiv Sir,

    I have submitted my N-400 application last month and I have received the date for fingerprinting in July. I am planning to travel to India after the fingerprinting is done and before the interview is scheduled. Is it ok to travel while your N-400 is pending? Any adverse impacts on my application because of international travel or is there a possibilty of additional questioning because of this?
    I have researched this online but there is no clear guidance on travel while your N-400 application is pending. I even read that travel while N-400 is pedning might require to have the fingerprinting done again?
    I would sincerely appreciate if you can provide guidance on this that whether it is advisable to travel or not.

    Thanks for your help.

    Regards,
    Neekat
     
  11. kirthivin

    kirthivin New Member

    reg h4 to h1 COS and h4 extension

    Hi Rajeev,

    This is keerthika.Right now I'm in US on H4 (valid till sep 30 2013),came to US on june 4th 2013. I applied for H1 from India and my case was selected in lottery and is in processing.As I applied from india I understand I need to apply for COS to get i94 on h1 and start working

    My husbands employer is Planning to apply for his h1/my h4 extension as it is getting expired by sep 30 2013.He does the same only in regular quota.

    Please answer my below questions.

    1) Will it be a problem if my h4 gets extended after h1 is approved.

    2) Can only COS(from h4 to h1) be applied when h4 extension is in process and does only COS has premium process?

    3) If answer to 2) is yes what if h4 gets extended after COS is approved,Will i fall on h4 again??

    Thanks,
    Keerthika
     
  12. satyakb

    satyakb Registered Users (C)

    EB3 to EB2 - Interfiling - Clarification

    To start with, thanks a lot Rajiv ji for your kind support in providing clarifications and guiding us in proper direction.

    My details as follows:
    Employer A:

    EB3 - Labor - Priority Date : June/2007 - Approved
    EB3 - I140 - Approval Date : Jan /2009 - Approved
    EB3 - I485 - Filed along with EB3 I140 - NSC Center (When I was living in California)

    Joined Employer B in Dec/2009 - Through EAD - AC21 Not Submitted
    Address change (CA to MD) is updated via AR11 to USCIS

    Employer B:
    EB2 - Labor - Approved Sep/2012 (Now living in Maryland)
    EB2 - I140 - Approved Nov/2012 - NSC Center - I140 Approval receipt came with EB3 Priority date , A# on Approval receipt (Now living in Maryland).


    Till now no action is been taken from my end after EB2 I140 approval.

    I would like to know your view:
    - As My case falls under interfiling (EB3 to EB2), when do we need to submit interfiling request to NSC (before priority date current or after)?
    - What other additional steps do i need to follow before or once EB2 India June/2007 becomes current?

    Your support is very much appreciated and once again thanks a lot for your support.
     
    Last edited by a moderator: Jul 3, 2013
  13. reddy33

    reddy33 Registered Users (C)

    H1B Stamping after expired visa 6 years ago.

    Hi Rajiv,

    Thank you so much for your service to the community.

    I have a unique situation and please guide me. I came to US on H1B in 2006 (First stamping in INDIA) which expired in 2008. I went to India in 2007 and came back after a month vacation.

    In 2008, I have changed the employer, applied for H1 transfer and got approved till 2011. I have applied for extension in 2011 and got approved till 2014 (I have approved I140, so that I got 3 years extension). So, I am planning to go stamping in 2014 which is my second stamping since 2006. I was never be out of status and always had valid I94.

    Now, I am planning to go to H1B stamping to Canada and do you see any issue on going stamping after a long time in US (It's almost 6 years)? Do you see any law that you can't stay in US for these many years with expired visa even though having valid I94 all the time.

    Thanks,
    Reddy.
     
  14. rakeshvvv

    rakeshvvv New Member

    H1b stamping

    Hello Mr.khanna,

    My question is concening to H1B Stamping. I have MS degree In USA From an accredited university and my H1B is filed on MS degree from the accredited univeristy.My current job responsibilties are based on my MS.

    Later on I have enrolled in MBA and completed MBA from a NON-ACreditted university.While filling in DS-160 for Highest education, which degree do i need to select(MS From accredited or MBA From non-accredited university)
    In visa interview also, I am required to answeron my highest education and please provide your inputs for answering this question.Can we ignore my MBA and answer my MS as highest degree.Does it jeopardise my stamping if iam intentionally not providing them information on my mba from non-accreditted unievrsity.

    Please advice on the best possible solution for thsi kind situation.

    Best regards

    Rakesh
     
  15. bhaskarn

    bhaskarn New Member

    Conversion of L1A to GC under EB1(c)

    Dear Mr. Khanna,

    Thank you for making this platform available.

    I have been working for this software MNC ( HQ in MA,USA) for last 6+ years - 3+years in India, 1.8 years in ME and about 10 months in the US in a functional manager role ( my designation does not say that but in my L1 application my employer mentioned that).

    Q: Can I apply for a GreenCard independently under EB1(c) or it has to filed my my employer ( even though I pay for it) and how long will it take ? Can I simultaneously apply GC for my wife and 10 year old son who are on L2 visa?

    Thanks again for taking the questions.


    (Apology if I put the question in the forum somewhere also and lost track :( )

    Thanks and Regards,
    B Banerjee
     
  16. jackkallis

    jackkallis Registered Users (C)

    EB2 ( PD - May 2007 ), I am Primary and got Green Card in Feb 2012. Applied 485 for my wife in 2010, and still waiting.

    Received below RFE for my wife. What I don't understand is - she was applied as dependent on my EB2 485 application, and I don't understand why do they refer her as Employment-Based Principal Applicant in the RFE and more over sent an RFE to verify her Employment status.

    On January 11, 2011, USCIS issued a Policy Memorandum directing Service Centers processing certain visa retrogressed applications for adjustment of status to request additional information prior to a final decision. This policy is reflected in Chapter 23.5(f)(4) of the Adjudicator's Field Manual (AFM).

    Specifically, review of your application shows that:

    * You are an Employment-Based Principal Applicant
    * An immigrant visa is not immediately available, and
    * A valid job offer may be required for your adjustment.

    2 weeks later USCIS send a notice that RFE was issues in error and mentioned that no need to reply to RFE.

    I don know that I don;t have to reply to this RFE but on USCIS web site case status is stil RFE send on 14th june.
    What do I need to do in order to have correct case status on USCIS website and resume my wife's GC processing?

    Thanks
     
    Last edited by a moderator: Jul 3, 2013
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