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Recording available for June 20 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Jun 6, 2013.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for June 20 Conference Call.

    Conference Dial-in: : (202) 800-8394
    Start Time: 12:30 PM, EST
    NEXT CALL DATE: July 4, 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: Jun 20, 2013
  2. jkom

    jkom New Member

    denied I-485 and I-30

    Hi , My I-485 and I-30 was denied this week. given an option to reopen/reconsider for the I-485 and option to appeal for I-30. came as F1 student,out of status due to a sick sponsor (brother) that was hopitalised in USA. am married to a us citizen at birth. panicking,please help!!
    Last edited by a moderator: Jun 10, 2013
  3. finallyIn2013

    finallyIn2013 New Member

    Impact of filing AC-21 when I-485 is already PRE-Adjudicated.How long it takes to process case again

    Hi Rajiv,
    My I-485 was Pre-Adjudicated with PD in Jan 2006 EB2 NO PORTING involved.Can i file AC-21 in the month of July? I got a good opportunity at my clients location.

    1. Does Filing AC-21 will undo the I-485 pre-adjudication?
    2. Again how long will it take for USCIS to pre-adjudicate my case and issue a green card.

    My case details in brief:
    I-140 Case filed in 2007 March by Company A under labor substitution.
    I-485 case filed in 2007 August.
    I-140 was withdrawn by USCIS by error in NOV 2007.
    Untimely I-140 MTR was filed and directed to AAO in 2009.
    I-485 was denied by USCIS in 2010 stating that I-140 was withdrawn.
    I-140 MTR was approved in 2011 Jan. But Company A was closed.
    I-140 RFE replied using Company B and AC-21 using YATES memo in 2011 NOV.
    I-140 Approved in 2012.
    I-485 was back in pending in March 2012.
    2nd time Finger printed in July 2012 during InfoPass appointment.
    I-485 was pre-adjudicated Infopass officer confirmed in Jan-2013.

    Maintained H1-B all through out the case and currently on H1-B. New job will be on EAD.

    Also my new job requires Bachelors + 8 years experience. And my GC was filed with Masters + 1 year experience.

    Please suggest is it safe to
    ----Take new job and file AC-21.
    ----Take new job and don't file AC-21.
    ----Stay with Company B and change jobs after 6 months after getting GC.
    Last edited by a moderator: Jun 12, 2013
  4. bhati

    bhati Registered Users (C)

    How to receive I-140 copy

    Hi Rajiv,
    Thanks in advance for your advice.

    My name is Bhati. I am on 9th year of H1-B visa. I am working as a software engineer for a 100K employee consulting company that is sponsoring me for GC. My I-140 is approved and waiting for my Priority Date to be current. My company did not give me a copy of I-140. My current H1-B is valid until April 2014. Kindly see my questions below.

    1) How could I get a copy of my I-140? What's the process?

    2) How soon will I receive it? Can I expedite the processing?

    3) What are my options if I want to switch employers while my request for an I-140 copy is pending?

    4) Can I change employers without a copy of I-140?

    5) Importantly, would my current employer know that I applied for a copy of my I-140? Would USCIS/other immigration agency notify my current employer that their employee has applied for copy of I-140?

    6) Can I extend my H1-B visa with a different employer using copy of I-140?

    7) Will your office assist me in applying for an I-140 copy?

    Please advice.

    Last edited by a moderator: Jun 20, 2013
  5. Aamti

    Aamti New Member

    Can I re enter to US with valid I797 and no stamp with in 30 days from Canada?

    I came in US on F1 Visa, I am on my 7th year of H1b , my I140 is approved. I never went out side of US to get my H1b stamp.
    I am planning to go to Canada in couple of months to get my H1b stamp, I have heard that there is law that person can come back to US within 30 days from canada with valid I797 and I94.
    My question is, I will get Canada visa based on that I am going to get my H1b stamp. Worst scenario if I get query on my stamping can I come back to usa?
    or does law change if I am going for visa stamping?
  6. New400

    New400 Registered Users (C)

    My 70 yrs old aunt left the US with a 10 yrs permanent residency card about 3 yrs to take care of her brother abroad. I understand she has overstayed outside US, where do I start to get her back into the US ? Any Forms to start the process ?
    Last edited by a moderator: Jun 11, 2013
  7. jaankur

    jaankur New Member

    Very important : Employer's changed policy. Please read. Useful for other community members. thanks.

    Dear Rajiv Ji,
    Namaste. I am working on H1-B visa for a 50,000 employee IT company. My company, like other companies like IBM, came up with a new policy called "Non-Exempt employee" for Quality Assurance (QA)/Testing employees only who are in California (only). This policy is only for the employees in California (CA). This does not apply for employees not in CA.

    Sorry, too long but please read the summary of the new non-exempt policy with my employer.

    Example Scenario:-

    As an example, let's say a software testing engineer/QA employee A in California is making $70,000 /year as a base salary earlier as an exempt employee (fixed base salary before this new policy). Now, they changed his/her status as non-exempt employee (meaning employee is eligible to get paid over-time as he/she will be on payroll by hourly basis).

    Because this is a typical IT firm who will not pay overtime hours, what they have done is that my employer has actually reduced base salary to $40,000/year and claims that they are already paying $30,000/year ($625/week) as an overtime for extra number of hours (10 hours) we work. Basically, As an example, my employer states that $70,000 is for 50 hours (40 normal +10 extra hours). Managers will not approve timesheets if we work over 10 extra hours. They would argue that we worked exact 10 extra hours. This way they are guarded against any lawsuits from employees/DOL when they do not actually pay extra hours we worked. They created separate time sheets for non-exempt employees. We need to mention 1 hour breaks on timesheets. Again, this is not for other employees who are not in CA or who are not in QA/software testing.

    If we do not work extra hours beyond 40 hours/week, then they pay remaining $625/week as a true up payment. This true up shows as an additional line in pay stub. Bottomline is that we get salary what we were promised before we joined the company. Base salary change already has an impact when taking loans because lenders are saying that we do not make enough base salary as they do not consider overtime as a fixed salary.

    Can you please advice on below questions? Thanks!

    1) My employer filed my PERM and showed $70,000/year as base salary. Now they reduced base salary to $40,000. Does it have any impact on green card process as base salary is reduced even though I am receiving remaining amount as true up payment?

    2) For visa stamping purposes, would reduction in base salary have any impact? When we asked this question to our employer/immigration team, they said they do not know and never got back to us upon several follow-ups.

    3) Would reduction in base salary (even though pay stub shows true up payment of $625/week) have any impact at Port of Entry?

    4) Are there any areas of immigration that would have an impact while I am on H1-B? If so, what can I do to come over such challenges?

    5) Earlier my job title was Systems Analyst in PERM application. Now my job title is Testing Analyst internally in my company. Does it have an impact?

    Thanks so much!
    Last edited by a moderator: Jun 12, 2013
  8. Page123

    Page123 Registered Users (C)

    S744 - Hatch/Schumer 2nd (MDM13698) Ammendment

    Hi Rajiv

    Hatch/Schumer 2nd (MDM13698) was approved with a 16-2 vote in the Senate Judiciary commitee. There are couple of important points that i would like to confirm and get your input on. I have also included the extract from the ammended S744

    I) EAD for H4

    On page 678, lines 9 through 11, strike ‘‘only if such spouse is a national of a foreign country that permits reciprocal employment. On page 678, strike lines 15 through 21, and insert
    the following:‘‘(iii)(I) Upon the request of the Secretary of State,the Secretary of Homeland Security may suspend employment authorizations under clause (ii) to nationals of a foreign country that does not permit reciprocal employment to nationals of the United States who are accompanying or following to join the employment-based nonimmigrant husband or wife of such spouse to be employed in suchforeign country based on that status.

    Question : Does this proposed rule extend the benefit of EAD to H4 visa holders while removing the reciprocity rule which was originally there ? Assuming that this bill becomes law, does it mean that H4 visa holders will be given the same treatment as L2 visa holders in terms of EAD benefit

    II) Allowing I-485 to be filed once I-140 is approved and priority date is not current

    (1) PETITION.—An alien, and any eligible dependents of such alien, who has filed a petition for
    immigrant status, may concurrently, or at any time thereafter, file an application with the Secretary of Homeland Security for adjustment of status if such petition is pending or has been approved, regardless of whether an immigrant visa is immediately available at the time the application is filed.
    ‘‘(2) SUPPLEMENTAL FEE.—If a visa is not immediately available at the time an application is filed
    under paragraph (1), the beneficiary of such application shall pay a supplemental fee of $500. This fee
    shall not be collected from any dependent accompanying or following to join such beneficiary.
    ‘‘(3) AVAILABILITY.—An application filed pursuant to paragraph (2) may not be approved until the date on which an immigrant visa becomes available.’’.

    Question : Assuming this bill is passed, does this mean that for all the applications for whom I-140 is approved, they can immdly file I-485 and within 6 months of filing the I-485 be eligible for EAD ? Also would it allow such applicants to change jobs after 6 months of filing I-485 withou loosing their GC benefit ?

    Thanks for all the wonderful work you are doing
  9. Jashan

    Jashan New Member

    My H1b petition not selected in lottery and my OPT is ending this july.

    Hi Rajiv, I have a masters degree from here. I've been working since 2010, my employer filed the petition this time but unfortunately mine dint selected in the lottery and my OPT is ending second week of july. Please advise me what my options are in order to stay in USA.
  10. vivianibaehr

    vivianibaehr Registered Users (C)

    What waiver I need?

    I got deported and got the 5 years band. Section 212(a)(7)(A)(i)(I) Misrepresentation.If I complete my 5 years band Do I need any waivers like the form I-212 or I-601 went my mother is ready to apply for my permanent residence ( form-130).?
    Please help. What are my chances to be approved?
  11. prplgrl

    prplgrl New Member

    Stuck in India

    Hi, I have lived in the US for 13 years. I have an I-485 pending in EB3 with a PD 7/1/03. Unfortunately I had to quit my job and travel to India for family reasons. while i was there, my AP and EAD expired. I would like to come back to the US in order to resume my GC process. I have been trying to find a job with an employer who will sponsor me for an H1B but it seems impossible as I'm currently in India. Do I have any other options to come back into the US? Thank you very much!
  12. jdiaz

    jdiaz Registered Users (C)

    N-600 or N-600K

    The fact is that my children aged 12 and 14 years obtained their U.S. passport through the act of 2000, obtained permanent residence through his mother who obtained citizenship through his father who was an American citizen. The fact is that his mother was born in Venezuela did not live in the U.S. long enough to demonstrate physical presence.

    We currently live in Venezuela and to renew U.S. passports of children the American Embassy requires citizenship certificates.

    What is the way to go to obtain certificates of citizenship, which is filling N-600 or N-600K.
    The form N-600 K ignores that already have U.S. passports.
    I appreciate any information you can give me about it.
    Thank you
  13. miledef

    miledef New Member

    Dual citizenship, one passport expired... Will I have trouble getting back?

    I have two citizenship, Italian and Venezuelan. I have a green card since 2008. I have always used my Venezuelan passport. Now, it will expire in September, and it is impossible to renew because embassy or consulates don't give any appointment for it. The Italian passport is ok, I just renewed it on May 2013
    On October, I will be traveling. My question is, since my Venezuelan passport is expired, can I leave USA with my Italian passport, and then get back in the States with the Green Card and Italian passport?
    Thank you
  14. ampshotwatts

    ampshotwatts New Member

    NY JFK international airport customs kept my wife to be in there custory for over a year.

    My wife to be, who is coming from Ghana, Africa, tried to bring gold into the country through custom at JFK International airport. All of her paper were in order. Customs had her in custody at JFK for over a year, between years 2010 and 2011. I know this is hard to believe. My fiance is a very beautiful women. Some of the agents have offered to marry her so she could enter the country. Some agents brought her Christmas gifts. Customs would not let her enter the country and they would not let her go back home. She would be told that she could leave after we paid what ever they ask for. We would pay them the money and they still would not let go.I would go to JFK from Baltimore, Maryland to pick her up and they would change there minds. Twice this has happen. She begged them let her go home, after more than a year in custody. They let her go back home finally, but not with the gold. Customs had her worried about not being able to come back into US. Her Uncle in Ghana is a police officer. He would stay in contract with customs in NY JFK. Her unlce was told for her to come and get her gold they do not want it. And there would be know problems. She is back now to claim her gold. But customs took her into custody again at New York, JFK airport. Customs never mentioned andything about $6000.00 for a receipt for the gold. Now they want $6000.00 for a receipt for the gold and she can leave. We don't $6000.00. So she will have to return home and take her gold with her. The question is can she take her gold and go back and still be able to return to the States at a different time?She has been there a week now, Her flight arrived last Saturday, 6-8-2013. She was so worried that she would be deported that she was afraid to make waives the first time she was detained in 2010. She has 6 gold bars weighting 96oz each. They gave her a phone while in custody, but you can only text on it. Thats how we communicated then and now.

    Last edited by a moderator: Jun 16, 2013
  15. hardikp

    hardikp New Member

    NOS based J1 waiver to apply for GC by U.S. citizen spouse

    Hi Rajiv,

    I am a Research Scholar in cardiology on J1 visa with 2 yr HRR due to country specific exchange visitor skills requirement since October 2012. I got married to an U.S. citizen recently and now I wish to apply for an LPR. So I would like to know the best way to get the J1 waiver.
    I would like to have an idea to write the best "Statement of Reason" for getting the waiver on the basis of NOS from India.

    Thank you,
  16. scs777

    scs777 New Member

    Changing job using EAD to a position that needs more years of experience to current one

    Hello Rajivjee,Namaste.

    I am on H1B having EAD with I140 approved; want to change employer now. My GC was filed with EB2 category for a Sr Analyst position which needs 5 Yrs of experience. Can I join a position in the new company which needs 8 to 13 years experience even though nataure of job is same & in the same technical field? Is there any issue if I get a promotion in my current job where I will have additional responsibility to my existing work.

    B. Rgds
  17. dhlunar

    dhlunar Registered Users (C)

    I-130 Processing for an Immediate Family Member of a US Citizen

    My wife became a naturalized US Citizen about a month ago and filed two I-130, one for her mom and one for her dad, about two weeks ago. She filed a stand-alone I-130 for both of them in order to start consular processing. She received the receipts in the mail stating the I-130 was sent to NBC and the envelope had a return address with a PO Box in Overland Park, KS. Based on a Google search, I see that NBC recently opened up a satellite office in Overland Park to handle I-130 and I-90. I also read during the interim while NBC was setting up the Overland Park location, I-130 applications where being sent to the field office of the petitioner in order to be adjudicated.

    My questions are, is the I-130 still being forwarded from NBC to the local field offices at this time? Also, what is the processing time for the I-130, for an immediate relative of a US Citizen, at either a local field office or the NBC, since the processing time for I-130 is not available online for either the local field offices or NBC?
  18. tmansoor

    tmansoor New Member

    Citizen sibling files sibling backlog

    Hi Rajiv Ji,
    Thank you for your such informative conferences and help. My few questions are given below please help.

    1. I heard if immigration bill 2013 passes, Citizen siblings who have already file for their siblings back home /here in US, processing time will be reduced to 18 months/2 years from 17 years is it correct?

    2. Can one use their left over H-1/H-4 time if a potential employer is willing to sponsor? After change of status.

    3. I have a Masters degree that comes under the list provided by STEM (curriculum Development and Instructional Technology) and I have taught in a school in US for 4 years. Am I eligible to file EB2?

    I really appreciate your answers.
  19. invinsiblejoe

    invinsiblejoe New Member

    EB2 Eligibility question

    Hello Rajeev,
    I have a bachelor’s Degree in STEM field along with total of 5 and half years of work experience all in US in software field. I have been working with my current employer for last 3 years and I am planning to apply Green card through my current employer.

    I have few questions regarding the same: -

    • If I apply through my current employer can I apply in EB2? In last 3 months my profile has changed significantly. I am currently working as a Senior Java developer (I used to work as a .NET developer before). Will USCIS see this as significant change in employment to consider me in EB2 with same employer?

    • If not, Will adding some Project Management certification like Certified Associate in Project Management (CAPM) or PMI do the trick?

    • How hard is it to change from EB3 to EB2 at a later date with same employer if I add a Master’s Degree and\or gain 2 more years of experience?

    • If I decide to change my employer at a later date to be eligible for EB2. Is it possible to keep the PD from my current employer?

    Thanks in advance. I really appreciate all these conference calls, They are really informative and helpful.
  20. invinsiblejoe

    invinsiblejoe New Member

    Immigration reform question

    Hello Rajeev,

    I know it's early but do you have any estimates or have done any research regarding the wait time for Employment based category (EB2,EB3) if the country quota is removed and beneficiaries will not counted towards the GC cap?
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