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Recording available for June 6 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, May 28, 2013.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for June 6 Conference Call.

    Conference Dial-in: : (202) 800-8395
    Start Time: 12:30 PM, EST
    NEXT CALL DATE: June 6, 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 6, 2013
  2. faisalma370

    faisalma370 New Member

    H-1 Stamp

    Hi Rajiv.
    I asked question in your one of the previous call for first time H-1B stamping and you replied that i can get stamp on my H-1 from any country as long as i never been out of status.

    Here i want to ask you that YES i got out of status one time during my F-1 Visa in 2009-2010 but later i applied for my re-in statement and got approved.

    Can i still go to Canada/Mexico for my stamping ? Or i MUST have to go my back home? I already got canadian visit Visa (M).

  3. swapven

    swapven New Member

    H1 CAP Reject -- Your submission is not accompanied by certified signed labor condition application

    Dear Sir,

    I am on H4 and applied for H1B for this season. My company received back the H1b package sent to USCIS along with a blue colored notice stating the following

    "Your I-129 cap petition was reviewed for acceptability and/or required documents; however; it was not considered properly filed for the reason(s) noted below and is being returned to you.

    Your submission is not accompanied by a certified signed labor condition application (LCA)

    If you feel your submission was rejected improperly, please resubmit with an explanation why it was improperly rejected."

    Here is the problem with this application. Company has filed with LCA which shows on it as inprocess LCA instead of Certified LCA. LCA was certified by the time H1 application sent to USCIS but the LCA paper included in the pacakge shows it as inprocess.

    Is there a way that we can appeal to USCIS to reconsider this application. Please advice.

  4. bluesat2008

    bluesat2008 New Member

    How is BALCA trending?

    Hello Rajiv,
    Thanks for devoting your time to answer questions here.


    PERM filed: June 16, 2012 (H1B 6 years maxout: March 22 2013), in EB2 category
    PERM Audit received: Sept 6 2012 (reason: Pursuant to the Department Of Labor regulations that Page 8 of the ETA9089 must be signed by the associate - employee did not pay any money to the employer towards the Green Card process)
    Audit responded: Oct 3, 2012
    Denial Notice: Apr 2, 2013
    Appeal: Apr 15, 2013
    Started showing up under BALCA: Last week of May (within 45 days of filing Appeal)

    1. What does this mean as far as the status of the application is concerned?
    2. Given the current BALCA trends that you are seeing, do such applications like mine stand a chance of approval?
    3. I intend to apply for my 7th year H1 extension and get back to the US, while waiting for BALCA outcome. In the meantime if the employer agrees to withdraw this PERM application (while in the US) and file a new one - I would still end up in a situation where PERM would not have been filed 365 days prior to maxout and would again have to leave the US (in case, the PERM decision does not come through by then). Any council on how can I possibly avoid this situation?

    Once again, thank you for your time and counsel.
  5. helix_113

    helix_113 New Member

    Derivative Visa for Parents of H-1B Holders

    Hi Rajiv,

    I remember in one of your previous conference calls, you mentioned something about parents of H-1B holders being able to stay with their children through a 'de facto' derivative visa such as a B visa. Is this possible and how would one go about doing this?

    Thanks as always Rajiv!
  6. rozalsingh

    rozalsingh New Member

    L2 EAD to H1B Transfer

    My L2 visa/EAD expires on August 30th 2013 and me and my wife are going to Canada for our L1 and L2 extensions in June 2013. My employer has filed an H1B this year and it got picked up in the lottery. Now if my H1B is approved , the COS will be valid from October 2013 so there is a one month gap.
    L2 EAD expiry date : 08/30/2013
    Assumed H1B start date: 10/01/2013
    To cover one month's gap I need to extend my EAD after my L2 visa is extended.
    Hence after getting the L2 extension done in Canada, I will be entering US on L2 visa.
    Is it OK to travel and enter on L2 visa again in June while H1B w/COS is under process?
    Will it affect my H1B is any ways?
  7. intstu

    intstu Registered Users (C)

    applying for EB2 greencard by corp if not employed there

    Hello Rajivji,

    I am working on H1b EVC model for company A.

    There is a company B which can apply for my green card process. But I am not an employee of Company B at present.

    Question # 1
    Is it possible for company B to apply for my GC for future employment even if I am working for another company A?

    If yes, what if I get a good offer from Company C and they want to initiate the GC? can the GC process be done by 2 company simultaneously?

    Question # 2

    I heard that now its possible to get the H1 Stamping done within USA, just wanted to know if it is true at present, or if you have any idea on this?

    Thank You
    Last edited by a moderator: Jun 1, 2013
  8. Kumar08k

    Kumar08k New Member

    Employee Taxes should run in Employer location or client location?

    Hello rajiv ji

    My question is regarding employee taxes. If an employee is working at client place in state A while employer is in state B,where his pay check should run, in state A or State B. Is there any rule regarding this. Now employer is running his pay check in his state(B). currently employee is in OPT but his H1-B starts in Oct. Employer explaining this by saying- he have control on his job duties and work. So he can run in any of the state. Will this be a problem for employee in future during H1-B stamping or GC process.

    Can you please suggest on this. Please let me know how can employee manage this during H1-B stamping of VO officer raises this question.

  9. Jeeth

    Jeeth New Member


    I have changed my status from L1A to H1B during Oct 2012. Have been working on project at client location. My H1b was approved till Sep 2013. PERM is already applied in April 2013. My attorney said that we will recapture the period that I was outside USA (nearly 8 months). My question how long do they take to approve the extension for recapture period. And can I go do India and get return (with stamping) during the recapture period? Let me know if there are any precautions that I need to take do avoid any unforeseen situations.
  10. neekat

    neekat Registered Users (C)

    Citizenship Application Questions - spouse in India

    Dear Rajiv Sir,

    I am filing my N-400 form for citizenship application. I got my GC in Aug 2008 so I am eligible for filing the application. My wife had an L1-B visa while we got married in 2010 but her renewal application got rejected last year. As she was pregnant with at that time with high risk pregnancy we filed for her change of status to B2 which got approved till end of June. She left for India last week (prior to the expiration of her B-2 visa) along with the baby (US Citizen) and will be coming back once I become citizen and file for GC. Now I have the following questions on the application:

    1) In the N-400 form there is a section about spouse's immigration status. I am planning to specify that she has a Non Immigration Status B-2 with a valid upto date. Is there any other information that should be provided?
    2) In spouse and child address I am also planning to put the India address as that is where they arr staying at the time I will file my application. Is there a need to explain why me and my wife are staying separately?

    Other Application Related Question:
    3) Are traffic violations required to be reported on the form if they have a fine for less than $500.00?
    4) For Selective Service Registration - Is there a letter required from the Selective Service System to verify that I was on a Non Immigrant Visa from 18th to 26th birthday along with the application?

    I would sincerely appreciate your guidance on these questions and thanks again for providing this wonderful service to the community.

    Last edited by a moderator: Jun 3, 2013
  11. rajeshsr

    rajeshsr New Member

    Secondary Inspection at POE

    Hi Rajiv -

    I entered USA last Friday on an H4 VISA.

    However not sure why but I was sent for a secondary inspection where they did not ask me any questions or looked at any documents and after 10 min returned my passport saying I am good to go and approved my entry.

    Just wanted to check with you do you know if CBP makes a note in their records that I was sent for a secondary inspection and can this create issues for my future travel to USA. I have filed for an H1b VISA this year and I might have to travel back to USA on H1B in Oct.

  12. rahulgopaljoshi

    rahulgopaljoshi Registered Users (C)

    F1 OPT Change to Status to H4

    Namaste Rajiv Ji

    This is a small followup to one of my earlier questions a couple of weeks back. Here is the situation:

    1) Graduated and started a POST Completion OPT with OPT start date = Date of Graduation + 50 days
    2) Change of Status from F1 to H4 Filed before the first 90 days of accrued unemployment are over
    3) Change of Status still pending, and 90 days are now over, so can the person still continue to stay in the US legally ?
    4) After the change of status decision received, is there any additional grace period in this situation, if need be ?
    5) Is this change of status decision typically retroactive ? (starting from the 90th day of accrued unemployment)


  13. uday01

    uday01 Registered Users (C)

    Hi Rajivji,
    My wifes applied new Advance Parole with Receipt "Received Date" of 15-Mar and is still not approved yet and our flight travel date to India is fast approaching this month on 14-June, where as mine which is filed on the same day got approved almost a month ago. Her old Advance Parole expires 8-July

    =>Is there a Service Level Agreement that USCIS have to take a decision for sure in 90 days?
    =>What would be might best approach and decision?

    Last edited by a moderator: Jun 3, 2013
  14. karthik12

    karthik12 New Member

    Has OPT valid until Feb 2014 and got H1b Approval on 03June2013 but was laid off from job

    Hi Rajiv Sir,
    I am currently on OPT stem extension which is valid until February 2014.
    My Current employer has applied for my H1b in regular processing and just received my approval today, But here comes the issue. Due to unfortunate reasons I was laid off couple of days ago. What should I do now. I have the below options.
    1) Can I now find a new employer and transfer my H1b immediately before my H1B start date of October. During the transfer is there any possibility of a query?
    2) Or Should I wait until October until my H1B starts and then transfer my H1b to my new employer and meanwhile can I still continue to work on my OPT.
    3) Or do I need to continue on my OPT until February and then join a school and take CPT until October 2014 and then apply for a new H1B next year.
    I don’t have any information whether my current H1b will be revoked by my current employer or not.
    Please guide me what I should do.

    Many Thanks in Advance,
    Last edited by a moderator: Jun 4, 2013
  15. aspen_2013

    aspen_2013 New Member

    I140 Approved - which states require I140 to be released by the law firm when requested by employee

    Hi Rajiv,

    My I140 was approved in March - 2013. My company doesn't want to provide me a copy of my I -140. My company is located in Virginia and I work in Minnesota and the law firm that filed my perm and I140 is based in Texas. I heard that in some states the law firm that filed the I140 to provide the I140 approval copy when requested by the employee by law. Can you tell me whether I can legally ask my law firm to provide me the copy?

    I have a copy of my I-140 Premium Processing Receipt Notice when filing for my I-140. Is the receipt number provided in the notice my case number?

    I will be filing FOIA to request a copy of my I140 too. Is there any other option for me to get my I140? Do i need my I140 approval copy when I want to change my employer and have my priority date?

  16. arjung

    arjung Registered Users (C)

    Bring my Girl friend to US and get married

    Hello Attorney Mr. Khanna,

    I am in H1B visa and my Perm process for Green Card is being audited with priority date of July 2012. I have transferred to a different job/location in the same company from city 1 to city2 in Mid 2011
    ( both cities 1 & 2 in the same state with a 280 miles distance between them). When I was working in City I, Green card was processed with a priority of June 2008 ( Perm and I-140 approved).

    I am talking to a girl in India and I want to bring her to the US and get married. I don’t want to travel to India at this time to get married due to some problems.

    What are the best options to bring my girl friend to the US and get married?

    Here is a option which I am exploring. My girl friend’s brother is working in US in H1b Visa. I am thinking that my girl friend’s brother should send a letter saying that he is inviting his Father and sister to the US. This letter will be used for B2-Tourist Visa application in India. My Girl friend can enter US with B2 Tourist Visa and get the marriage registered after 2 months. Then my Girl friend can apply for change of non-immigrant status either

    1) by applying for petition I539 while residing in the US or

    2) going to India before 6 month expiry of B2 and then apply for H4 at the US Consulate. Then re-enter US with H4

    What do you think of the above position?

    Thanks for your assistance.

  17. Jerry221

    Jerry221 New Member


    I have a biometric appointment on Drummond Rd in Philadelphia, I am looking for a hotel near that location.
  18. vasudhaphene

    vasudhaphene Registered Users (C)

    Hi Rajeevji,
    My daughter is a citizen, my husband is on H1 and I am on H4. We filed for GC concurrent processing in Sept 2012. We are in Louisville KY and my daughter in NJ. Currently Louisville KY is processing Oct 12 application. Our application is at Lee Summit MO.
    I called the USiS customer service no and also filed a service request about 50 days back, but they say, you will have to wait.
    What do you suggest.
    Thank you in advance
  19. naveen256

    naveen256 Registered Users (C)

    H1 and EAD

    I work full time for my current employer on H1 extension and also have a renewed EAD. Can I work (or "moonlight") part-time for other clients and get paid on the side? The part-time work would be in the same area / field of full time work. I searched this site and online and found conflicting information that a) It is OK. b) Not OK unless I inform my full time employer to change the requisite field in I-9 to indicate EAD. Employer is OK with small-time moonlighting. I would like to continue to work on H1 since it is a backup.
  20. MTA

    MTA New Member

    I-140 was denied with premium processing in EB2


    My I-140 was filed with premium processing in EB2 category back in January and it was denied due to lack of my employer's tax returns. USCIS still has my approved original Labor certificate. My employer is going to refile my I-140 in a week with 2012 tax returns. My question is, can I-140 be filed with premium processing again? I have heard both advices on it that once I-140 is denied you cannot file it premium again, where as some other people have advised you can still do premium processing. What's your opinion or advice?

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