Recording available for July 5 Conference Call

monica1

Administrator
Staff member
[video=youtube;EryehsbTX54]http://www.youtube.com/watch?v=EryehsbTX54&feature=g-upl[/video]




http://www.immigration.com/popular-information

---------------------
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: July 19, 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:
H1 extension applied, no receipt number, I94 Expiry - is this valid status

If H1 extension applied (july 1st), received at USCIS(july 2nd), but did not get receipt number (as now it is taking 60 days)
and then I-94 expired (july 30), still do not have receipt number. In this case, we are good to stay and work starting from Aug, if so how long.?
 
Regarding J1 HRR waiver

Hi,

I had been on a exchange program on J1 visa for 6-months (Feb - July 2011) and currently I am serving the J1 HRR period.

Now I am going to US to get my MS degree on F1 (approved on 12th June, 2012) and then get employed on H1 without serving the HRR. But as the rules say - F1 is allowed but I need to serve the HRR before any employer can sponsor my H1 visa. I will reach US on 17th August, 2012 and while studing for my MS degree would also apply for J1 HRR waiver so any employer can sponsor my H1.


Following are my questions -

1. Can you explain the process of J1 HRR waiver in detail if possible


2. My university is based out of Rochester, NY. So will my consulate be that in Chicago? Any contact numbers of E-Mail ?


3. After downloading and filling the forms for NORI from Indian Consulate's website how and where should I get them notarized ?


4. I got my J1 visa stamping from Kolkatta consulate but got my F1 visa from Mumbai Consulate. To which consulate should I send my NORI ? When the consulate gives the NORIs will they give two copies- one to me and other they will send directly to US consulate ?


5. What should be the Statement of Reason when filling the J1 HRR waiver form on USCIS website ? If you can quote some examples.
 
How to maintain Green Card

Hello
I very much appreciate great service you are providing to the community.
I got GC card in June2010 sponsored by my daughter along with my wife. One of the condition to maintain GC is to file income tax return. My lawyer advised me that since I am plus 65 yrs with no income I am not required to file tax returns as per income tax law resident who are 65 and joint income below$20000 per annum are not required to file returns.
In view of above I did not file tax return now. Please advise that our GC card will not be affected for not filing tax returns.
Sabah













Please post your questions here for July 5 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: July 5, 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.
 
Company bought pending 485

Hi Rajiv,

I work for "Company A". My company was bought by another company "Company B" few days ago. I had filed for 485 in July 2007 with Company A. I maintained H1b and kept renewing EADs when I was with Company A. Now with Company B they "may" be renewing my H1b as well as EADs (I have yet to find out but lets assume they will renew both). However what needs to be done for 485 that was filed in 2007 from Company A ? Does company B need to do something to my 485 application ? Does it affect any priority dates (I am on EB3, 2003 priority date) ? Does this invoke AC21 ? Anything I should be worried about ?

Current assumption is that my job duties in new company are similar to old one.
 
Question about H1b after a gap of one year --

Hi Rajeev,

I was on H1b visa in USA for the last 8 years, and I came to India in July 2011. Since then I have been in India.

I was supposed to file a new H1b Visa in this year's quota ( on the basis that I would have been physically outside USA for the last one year in July 2012, hence eligible for new H1b visa) but due to some reasons, I was not able to file H1b visa in this year's quota.

Now I have an option to go to USA on
A) F1 visa
or
B)On my old H1b visa, as I had filed a labor certification in July 2011 through a company ( hence I can file H1b extension on that basis)

Now my question is that, suppose I go to USA on any of these options mentioned above after July 2012, will I be eligible to file H1b visa in the new quota next year on the basis of having been outside of USA for one year??

So what I mean, is that can I file for new H1B (based on being outside USA for one year) only after being outside USA for one year, or can I use that one year stay outside USA at a later stage for filing anew H1b Visa??

Thanks in advance for your help and advice.
 
H1b Extension

Hi Rajeev,

I got my labor last week and I would like to apply for my I140..I completed my 5 year h1b and My current visa expires in 2 months and has to apply for 6 th year H1b extension.

1. If I apply my H1 extension without I140 I will get only 1yr extension. Would it be helpful to apply for my 6th yr H1 extension with I140 approval in order to get 3 years extension?

2. If so,as I have only 2 months should I apply for I140 premium now ? how long it will take to know the decision on it ?

ThankYou for your suggestions!!
 
Last edited by a moderator:
On H1 , starting new job on EAD and i9 form

Hi Rajiv,

Thanks a million for your service!

I last entered US on AP and have been working on H1 with GC sponsoring employer.
I will be changing my job under AC21 and will be starting on EAD .
The start date of my new job is August 15th but they want me to submit my i9 form along with a copy of EAD next week it self. I want to work on H1 with my current employer until I start my new job ( my current employer does not know yet about my job change as I fear he might not let it happen)

my questions are:

1) since I still am working on h1 for my current employer, will I be on EAD as soon as I fill the i9 form for the future employer?
2) once I am on EAD, can I work for 2 jobs( I am the GC primary applicant)?

Appreciate your answers!

Thanks
 
Question on LCA

Hi Rajiv:

I have another concern and need your valuable suggestions on this..

My Friend is on H1B, She was working remotely from home for client A through her employer. She recently got another offer with client B and she joined them through same employer. Currently she is working for clientB at client site as full time consultant and also working part time for her previous client A remotely from home.

1. Is it legal to work for 2 clients from 2 different states through same employer full-time and part time

2. Since she is working for 2 clients, does she need to have 2 LCA s ? If so, for clientA since she is working remotely part time does she need to take her LCA for our home address or clientA's worksite address ?

3. Recently we moved to new address , in regards to clientA , does she have to apply for new LCA with our home address ?

4. She has to apply for her H1B extension in 2 months, Is it OK to apply for extension just with client B as she is working full-time with them ?
 
Last edited by a moderator:
Retain GC processing while working in India for a US firm?

Hi,

I have few questions on retaining the GC(EB3- India - Sep 2004) processing while working in India for a US based MNC firm. I have two firms one is only interested in H1 transfer and the other will do only AC21.

1. H1 transfer to the new MNC firm while retaining the GC processing(I140/485) with current company. Is this feasible? Do I have to visit US for every one year before AP expires to renew my AP or no need as I am on H1B so it is enough to visit the country before the H1 expiry for the renewal and can reapply AP/EAD at that time?

2. No H1 transfer only AC21 to new company. I AC21 to new company and then work in India in Indian payroll or I have to work in US payroll for AC21 to apply? For AC21 do I have to visit US before my AP expires to renew it? Is my GC considered abandoned if I don't have an active/valid AP or EAD? MNC firm said they can do AC21 and get me multiple entry business visa to travel US when required to maintain status (i.e re-applying EAD, AP on need basis). Can I re-apply for AP while entering the country on business Visa? or I should always keep a active AP/EAD?

Please advise on possible options.

Thanks in advance.
 
Last edited by a moderator:
Expediting oath ceremony in SF

Hi Rajiv,

Thank you for administering this forum. Really helpful.

Question:
How can I request a expedited oath ceremony? I found a section 337.3 Expedited administration of oath of allegiance, 4) says it could be allowed if (4) Urgent or compelling circumstances relating to travel or employment determined by the court or USCIS to be sufficiently meritorious to warrant special consideration. (Amended effective 11/28/2011, 76 FR 53764).

I just called USCIS to get the detail about this process, but the officer had no clue.

N-400 filed on 5/9/2012 in San Francisco office.
FP on 6/14 (walked in -- originally scheduled for 6/27.)
Interview letter received 6/24
Interview scheduled for 7/26.

I have heard that in San Francisco Bay Area, they only do oath ceremony with 1000s of people every 2-3 months at Paramount Theater. the last one was today (7/11). They don't seem to do a same day oath. One of the main reason why I decided to get the citizenship is that my husband recently got a job in Sydney Australia, and our visa is for 4 years. He left to Sydney on 7/1. I'm still here in Oakland couch surfing at my friends', waiting to sell our house as well as complete my naturalization process. Given this every 2-3 months schedule, the next one will be in mid-Sept, possibly on 9/17 on citizenship day. This will cause a significant difficulty whether I decide to go to Sydney and come back, or stay here until everything is over.

The officer who took my finger print told me that i could request an extention for oath, but my green card expires on 1/24/2013, so I don't have too much room.

It seems requesting the expedited administration of oath of allegiance (by the court), is the only option. But which court do I make a request? and how? Please help! Thank you!!!

PS: BTW, when is the conference call? every other Thursday, so 7/19? what's the call-in #?
 
Top