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Recording available for July 19 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Jul 16, 2012.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for July 19 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: August 2, 2011

    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 27, 2012
  2. dame

    dame Registered Users (C)


    Hi Rajiv, Thank you for this service.
    1. Can an unincorporated company sponsor H1-B? Is there chances of denial because of incorporation?
    2. Can new H1-B employee start working in Jan-2013 instead of Oct-1-2012?
    3. In your video blog you stated that “H1-B holder cannot start a new company”, can you please explain why and alternate choice if any?
  3. mttr1975

    mttr1975 New Member

    GC timeline on EB-2 PD 3/2009

    Hello Rajiv -

    To keep it short -

    India-born, managment professional working on H-1B visa at a bluechip company since 2008. US MBA, Indian undergrad. Priority date March 2009, EB-2.

    1. Filed for AOS in Feb 2012. Done fingerprinting. Received EAD/AP. No GC yet. On hold since visa numbers are unavailable. Saw your blog as well but here's the question - what's the range of timelines within which I could expect to have a GC, given my PD? I have heard estimates from "Oct/Nov 2012" through "1-1.5 years out". Is there a way to know how many via numbers would be handed out each month and how many in the EB-2 queue ahead of March 2009? Any clarity would be deeply appreciated!

    2. I have heard all the reasons why it is a big hassle and time consuming to reenter into the us on AP (never used AP till now but my H-1B expires next month). Is there anything I can do to simplify reentry (other than go and get another H-1B stamp). Depending on your answer to #1, I am trying to figure out if I should go and renew my H-1B or just stay on AP. Starting next month my job will require me to travel to London for a day each week.

    Many thanks in advance!

    L. Mitra
  4. sddesh

    sddesh New Member

    H1B pending renewal possible layoff urgent

    Hi Mr. Rajiv,

    Any guidance from you in this situation would be great help.

    1. My Current H1 is expiring on 03 Aug 12 but my current company has filed renewal and is still pending ( received receipt from USCIS ), Since my current project is cancelled there is a chance that I may loose job before my H1 Approval comes back from USCIS, What should I do in that case ? Can I change my job when my current renewal is pending.
    2. Do I have to be a full time paid employee or can I be on unpaid leave of absence or only Paid Time off (PTO) till my H1 approval? Is unpaid leave of absence allowed for a one/two weeks and then I can start using my PTO?
    3. In case of layoff does the company continue processing and can they give me H1 Approval receipt, how do I maintain my visa status in that case ? Do I have to go on any other visa till then ? which visa would it be easier to transfer back to H1 once I get new job offer ?
    4. In case if I don’t get the approval would that mean I have to apply for new H1 next year ?
    5. In case I take an assignment overseas within my company would that affect the h1 processing in anyway ?

    Your comments and suggestions would be really helpful to me.

    Best Regards
  5. ladyannebolyn

    ladyannebolyn New Member

    British Citizen Relocating to the UK with American Family

    Hi Rajiv, thank you for this conference call, it is a God send!

    In Short... I am a British Citizen residing as an LPR married to an American Citizen, wanting to relocate to the UK with our children.

    1. Do we need a Family Permit or Visa?

    2. Will I be allowed to return as an LPR to the States if I have been living in the UK for longer than 5 years?

    3. How do I go about renewing my residency here in the States if I am living abroad?

    3. if we relocate to the UK will my husband be allowed to return to the States to live without any problem?

    Sincerely, Ladyannebolyn :confused:
  6. pass556

    pass556 New Member

    I485 Applied,EAD and Advance Parole received,August bulletin PD status unknown

    Can I keep extending and working on my EAD till I get the I485 approval?Is it recommended to keep working and extending H1B or keep working on EAD?

    Is H1B status still required after receiving EAD?What is recommended?What are the consequences of each decision?
  7. Bobby7

    Bobby7 New Member

    Benificiary 485 applicant

    Hi Rajiv,

    Thank you for the Service you are doing. God Bless you for providing people like us such a great services who don't have enough knowledge on US immigration.

    My Case details:

    I applied for 485 in March 2012 as a Beneficiary applicant.

    I was working from Jun 2010 - May 2012 on H1B and Now working on EAD. I am a traveling consultant work Monday - Thursday at client place.

    I worked for Company A from 2010 Jun - 2011 Mar. Moved to company B and am with the same employer.
    Company A - Worked at 2 different client locations.
    Company B - Worked at one client location.

    In Jun 2012 after knowing the importance of LCA I asked my Current and previous employers to provide me the LCA's

    Company A & B provided me the LCA's of which I found that I dont have LCA for 8 months of the work I did with Company A.
    My W2, Pay roll tax and State tax in Pay stub are deducted for the location where I worked exactly and only LCA is missing.

    1. Since my 485 is in process Is it going to be a problem? If so then how can I be save from this situation? Is there a law which can save me?

    2. Company A is saying if CIS asks for LCA then they have unused LCA's under same Metropolitan area and they can provide that LCA.
    - Can I use a year old LCA which come under same Metropolitan area and has validity from 2009 - 2011?

    3. I am a Beneficiary 485 application will CIS asks me for the details of LCA, W2 and Pay stubs mine? If so how can I defend my case?

    Since I have no idea about LCA before so I didnot maintain the record, but now I know,but how can I correct my past?

    I didn't travel out of country from 2010. Pls help me.

    Me and my Family are really worried looking into this issue.

    Thanking you in advance,
  8. PoorH1Boy

    PoorH1Boy New Member

    Two I-485s - one withdrawn by USCIS

    Hello Rajivji !

    I can not thank you enough for providing this service to our immigrant community. Here are quick facts about me.

    With company A I have in EB-3 India - Priority Date : Dec 2004

    Labor Approved: xx/xx/2004
    I-140 approved: xx/xx/2004
    I-485 : Pending since 2007

    I got my EAD/AP in 2007 but never used them. I maintained my H1B through out for the last ten plus years. My current H1 is valid till end of 2013

    Got an offfer from company B. They sponsored my residency in EB2. Plan is to join them immediately after approval of my I485.

    Labor Approved: xx/xx/2011
    I-140 Approved: xx/xx/2012 (Priority date Dec 2004 since I was able to port from EB3 to EB2)
    I-485: Pending for last 3 months (A new I485 was filed)

    Got an RFE on first I485 filed in 2007. RFE was issued before second I-485 was filed and received after it was filed. Meaning USCIS did not have an idea that second I-485 was being filed.

    I was surprised to see the RFE on my first I-485 since it was filed in EB3-India and priority date was not even current. It seemed like USCIS had done the interfiling automatically for me with out my requesting it. It is just my speculation, I don't know what triggered the RFE.

    Anyway responded to the RFE, let USCIS know that I have a second I-485 pending and requested the consolidation of the two.

    To my horror, USCIS sent an acknowledgment of withdrawal notice on the first I-485 saying the second I-485 will be used for adjustment of status purposes. But I never requested the withdrawal. My request was simple, consolidate the two applications - i.e when EB2 based I-485 is approved , the earlier one automatically becomes void.

    My questions:

    1. is there a legal requirement or a memo directive that mandates a withdrawal of one of the I-485s when two I-485s are pending ?

    2. And what are the changes of an MTR being successful so that my old I-485 goes back to pending state ? I care because my new I-485 has not been pending for more than 180 days and I would like to preserve my old I-485 until my new I-485 has been pending for at-least 180 days.

    Thanks again.
  9. ram27

    ram27 New Member

    Possible EB1 stage to include a future spouse

    Thanks a lot Rajiv for all your support and your patience.

    I am single (from India) and am considering considering filing for EB1. Since the dates are current and I am still not married, should I wait and include my spouse in the filing or just go ahead and file for EB1 and include my spouse at a later point of time. At this point, it is not clear when exactly I will be getting married but it can happen anywhere from December 2012 to August 2013. I have already finished three years of my H-1B. Basically, if the dates are current, like it is the case for EB1, and if I get married after I file for EB1, is there a way to halt the process before I-485 (or at any other stage?) so that I can add my spouse directly. If I cannot do that, and my green card is approved, I think it is very hard for my spouse to legally enter the US; at least, this is what everyone else I know says. Thanks much for your time.
  10. saurabh99

    saurabh99 Registered Users (C)

    Question about H1-B transfer

    Hello Rajiv Ji,

    Thank you very much for helping me. Below is my question.

    My previous employer had put in a petition for my H1-B visa to be effective from October 1st, 2012 which is pending currently. Then they let me go and they say that they will withdraw the petition effective July 13th, 2012 which was my last day of employment as they have no intention of employing me further. I am currently on my OPT STEM extension which is valid until December 1st, 2012.

    I had asked my previous employer to not withdraw my H1-B so that I can port it to a new employer. They said that this is not possible unless I am already in H1-B status which will not be happening in my case as my employment with the company is over before the H1-B effective date of October 1st, 2012. Is this true?

    But they say that since the USCIS had accepted my H1-B application and I have a receipt number for that, a new employer may be able to file a new H1-B petition for me using that receipt number and like this I will not be counted against the cap for H1-B visas again. Can this happen?

    This is important for me as the cap for H1-B visas is already over for this year.

    Thanks very much!
  11. Sundeep19

    Sundeep19 New Member

    Travel to India after submitting H1-B Petition

    Hello Mr. Khanna,

    Truly appreciate all the help your are extending to the community.

    I am a student on F-1 and my employer has filed H1-B petition. My F-1 is valid for another one year.

    I may have to travel to India for a week and my employer is asking me not to travel while a COS is under processing with USCIS. My understanding is that I am traveling on my F-1 status and will be coming back on F-1 Status, hence I am unable to understand why he doesn't want me to travel.

    Could you please advise if it is ok to travel out of country while I am awaiting decision on my H1-B Petition?

    Scenario 1 - What happens if I receive an RFE while I am in India?
    Scenario 2 - What happens if my H1-B is approved while I am in India?

  12. harimp

    harimp Registered Users (C)

    Employer change

    Hello Rajiv ji,

    My (Primary applicant) GC approved two months ago and my wife's GC is still pending, PD is June 2007. We have opened an SR and hopefully it will be approved in October. My question is, will there be any major risk if i change the job and join a new employer? Is there any time line to work for GC employer? If i change the job now what will be the risks for my wife's GC approval and citizenship in future if we go for it?

    Thanks for your help.
  13. hellomahesh

    hellomahesh Registered Users (C)

    quota issue

    I was in US in 2000-2006 on h1b employment; during the time i got my GC eb3 i140 approved. I m in India now since 2007. Now I have project opportunity in US for which employer is ready to hire me and sponsor H1B.

    As the quota for this year got over, wondering if I m eligible for quota exempt since I have i140 approved?

    Thanks in advance.
  14. agg123

    agg123 New Member

    H1 to L2 conversion

    Hi Rajiv,

    I am currently on dependant Visa L2 with EAD.

    I have few question

    1. I have already stayed in US for 3 years 4 months on L1 and recently came on L2. If I try to convert from L2 to H1 next year, would my L2 duration be considered for H1?

    2. If I apply for H1 conversion from L2 next year in Apr, can I continue to work on L2 until H1 petition is approved? Also, can I continue to work on L2 even after petition is approved?

    3. Can an employer apply for GC while I am working with him L2 EAD?

  15. mepunjabi

    mepunjabi New Member

    getting married to U.S citizen but overstayed on R1 visa

    Dear Sir
    i was in U.S on R1 visa for 5 years with Multiple entries & got i-94 for 3years.
    But due to some reason got overstayed & left U.S after 5 years.

    While returning at airport gave my i-94 to airline counter & while boarding immigration officer checked my passport,asked some questions & asked when am i coming back?
    i said i dont have any plans to comeback & he returned back my passport without any stamping.

    Now i am in India from more than a year.

    How can i know whether i am overstayed in immigration records?
    Is there any site?

    Can i apply back on same visa?

    Also i have a girlfriend from U.S who is citizen,we want to get marry .

    Isit possible for us to live together after marriage in U.S

    Thanking to all.
  16. cm01

    cm01 New Member

    M.D and granting withholding of removal

    Im an M.D, I follow the steps to get my medical license, now I finsih the process, my question is, I had a granting
    withholding of removal, and I have a work permit A10. May I apply for my medical license? or I need to change my inmmigration status?
  17. swe82

    swe82 Registered Users (C)

    I485 address change and multiple jobs

    I earlier worked in Florida for my GC sponsoring employer, now I recently moved to Arizona but I am telecommuting for the same employer and same position. ( I am primary applicant)

    Earlier I had given Florida address in 485 , can I now give my friend's address in Florida?

    Can I have 2 fulltime jobs on EAd, one with GC sponsoring employer and another one from a different company ( if both company's are aware of it)?
  18. monica1

    monica1 Administrator Staff Member

    Hello Attorney,

    I have filed my I-485 pending approval under EB-2. I have an approved advance Parole which has a Date of birth which is on my Birth certificate. But my Passport has a different date of birth than my advance Parole. I'm trying to fix the Date of Birth in my passport to match the Birth certificate and this process is taking time. In the mean time If I travel to India with different Date of Birth's in my AP and passport will it cause an issue in immigration while coming back. I'm thinking of going to India in next couple of months for a family function.
  19. monica1

    monica1 Administrator Staff Member

    From Amit

    I have all my education through accredited universities in India. Following are the degrees I have:
    1. 3 year BSc. Through disance education
    2. 1 year PGDCA Through disance education
    3. MCA completed in 2 years through lateral entry. Through distance education

    Education evaluation from Trustforte says it is equivalent to US masters. I have 10 years experience before completing masters. Am I eliglible for EB2?
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