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Recording available for March 28 Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Mar 24, 2013.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for March 28 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: April 11, 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: Mar 28, 2013
  2. thisistheway

    thisistheway New Member

    NOID of I-485 while on EAD

    Mr Khanna ,

    My PD is August 2005 for my I-485 filed under EB2 ( India). I am working on H1B that is about to expire by the end of 2013.

    Before my HB expires, my employer has two options: Extend H1B for another 3 years or apply for EAD .

    My question : If I am asked to invoke EAD by my employer, I would like to know what would be my immigration status and employment authorization, should for any reason USCIS sends me NOID for my I-485? What options do I have for continuing to work legally on getting NOID if I am on EAD?

    Thank you
  3. abhay1266

    abhay1266 New Member

    Can I work full time with a company owned by my spouse?

    Dear Rajiv,

    I am currently on ED since 2007. My wife has EAD through my GC case also. My I am aware that my wife can start a company of her own but what I want to know is;

    1. can I work under that company full time?
    2. Will there be any issue later with this scenario in GC processing
    3. If I can work under her company , what kind of company would be best (LLC, INC, S-Comp...if you can suggest on this).
    4. Anything else I should consider if this is possible?

    Thanks you for your response.
    Last edited by a moderator: Mar 25, 2013
  4. katraj

    katraj Registered Users (C)

    Porting I 140 Dates with New Employer

    Hello Rajiv,

    Question 1

    I have my valid I 140 with my old employer and I am with new employer from past 3 years and New employer didn't start GC and they want to do it in next year.

    My old employer now saying that he is going to revoke the I 140. In case, if he revoke my I 140, Can my new employer port the same priority date in the next year when they are doing my GC.

    Question 2

    My New Employer expecting lay offs next year -

    If answer is yes for question 1 - i.e., if my new employer files the GC with my old Revoked I 140 priority date and unexpectedly if i am layed off and the I 140 gets revoked again by new employer - can i get use this priority date with the next new employer.

    Lots of thanks in advance and gr8 community service.

  5. rahulgopaljoshi

    rahulgopaljoshi Registered Users (C)

    Change From F1 tro H4 During Post Completion OPT

    Namaste Rajiv Ji

    I am currently on my H1-B and my wife is about to complete her graduate school in Spring 2013 term. Wife currently on F1 and applying for OPT. With the new 90 day rule regarding the OPT - employment thing (F1 status expires if non employment period accrues up to 90 days)

    1) Is it possible to change the status back to H4 (based on my H1B); for the obvious reason for her to continue staying in the US legally and prevent her from having to go back?
    2) If so, when should that application be filed , ideally ?
    3) Are there any caveats/points of concern in doing something like this ? (My wife came to US as H4, then started her school as F1)
    4) Is it easier for her to actually go back (based on the situation) and then come back again as a fresh H4 applicant - rather than doing change of status business ?

  6. deepmact

    deepmact New Member

    H1B Eligibility

    Hi Rajiv,

    I am currently on L1 and my wife has L2.

    My L1 and I-94 was expiring in July 11, 2013.

    In my wife I-94, expiration date was not correct, so I went to US-Custom and Border Protection office to get it corrected.

    Along with my wife, they extended my I-94 as well (initially they gave me as date of Visa expiry ~ 2.5 years). My new I-94 (and my wife as well) is valid till Dec 06, 2013 .

    Since my L1 was getting expired between Apr-Oct, I was thinking of getting L1 extension (because my L1/I-94 was valid till July 11, 2013) instead of filing H1B from different company.

    But since I got new I-94 which is valid till Dec 06,2013, can I apply H1 from different company?

    Also, USCIS issue L2-EAD to my wife till July 11, 2013 (my Visa and previous I-94 expired date), but since my I-94 got extended until Dec 06, 2013; can my wife apply for L2-EAD extension?

    Last edited by a moderator: Mar 27, 2013
  7. uday01

    uday01 Registered Users (C)

    Hi, I invoked AC21 and joined Company A on my EB3 category. I did apply on EB2 Category also thru another employer with I140 approved with the Visa dates being current. Now i got a RFE stating as below....

    """"The Service acknowledges that you filed your I-485 based on your approved 3rd preference I-140. Service records indicate that you also have an approved 2nd preference I-140 with a priority date that affords you an available visa. If you wish to transfer this I-485 to the approved Form I-140(2nd preference) a request for conversion must be made in writing."""""

    My Question:
    => What does this mean?
    => Can i change to EB2 with Company A with my current job/current position?
    => If not what options i have without moving from current employer (Company A)?

    Thanks as always.
  8. another_other

    another_other Registered Users (C)

    Hi Rajiv,

    Some background - My wife is a part owner in a couple of S-Corp's that I have founded in the past 5 years for consulting and other businesses. She is primarily on the books and is not involved in the day to day activities. She has received a W-2 for only one of the past 5 years.

    My question relates to applying for US citizenship. What should be included in her employment history on N400 based on the above? Should we include all the companies that she has been an owner and claim self-employed (or give company name) or should we just show the one year that she received a W-2? She has received K-1's for the other years. She has no other work experience and is primarily a housemaker.

  9. New400

    New400 Registered Users (C)

    My wife and I filed jointly for the last 2 yrs and this last time around, she decided we can get more refunds if we filed marriage filing separate and I did not object to it. We both filed married filing jointly.
    Question : Will this have any effect on my filing N400 since they will request the last 3 yrs of taxes. (2 filing jointly, 1 married filing separate).
    Thanks for your good work for the community.
  10. New400

    New400 Registered Users (C)

    Can I take my wife with me to the N400 interview or its all just about me ?
    Last edited by a moderator: Mar 25, 2013
  11. reddy47

    reddy47 New Member

    Request Information

    Respected Rajiv sir

    I went to my student visa first week of December 2011, I was issued 221g and got my visa approved after 40 days and i got visa until 2012 December, As i got assistanship in another university i moved to that university the following semester. I went to India for my sister marriage in august, as per suggestion of cousin i went again for visa interview with the new I-20 and i was again issued 221g,i got visa after 20 days for 6 months and it was written Visa cancelled without prejudice on my old visa..Due to increase in course work i again transferred to another university in order to complete my masters as soon as possible, I have graduated recently and applied for OPT and i am waiting for that

    My visa expires in May and i cant go back to India,sir please suggest me what are the instructions i need to take in future
    Last edited by a moderator: Mar 26, 2013
  12. jeetumact

    jeetumact New Member

    H1B Visa Processing from different Company while L1B extension is pending from current company

    Mr Khanna,

    My L1B Visa is getting expired on Jun-10-2013 and my I-94 is valid till Jan-10-2014.

    I am planning to apply H1B from different company, so I can work on H1B starting Oct 01, 2013.

    I have questions:

    Q: Do I need to have valid Visa (approved L1B) on Oct 01st as of today, then only I can apply for H1B (as my L1B getting expired on Jun-10-2013)?

    or valid I-94 is good enough or will I get RFE?

    Q: What will happens if my current company apply for L1B extension In Jul 2013 (while H1B from outside company is in Process)?
    will it affect my H1B visa or L1B extension?

    Q: If I get RFE on L1B extension and my company will reply, then I will have 2 scenario

    1st: L1B extension rejected prior to Oct 01, then what shall I do?

    2nd: My L1B extension is approved after Oct 01, 2013 or after H1B approval; then How can I work on H1B.

    Thanks in Advance for your suggestions.

    Last edited by a moderator: Mar 26, 2013
  13. parthasengupta

    parthasengupta New Member

    Change of status from H4 to H1b


    First of all, please accept my sincere appreciation for the wonderful app. It has lost of archived information available on the go. The audio and video quality is extremely good. Please extend my appreciation to the entire team who developed, manage and regularly update both the website and the app.

    Here is the situation that I am currently going through and need your expert opinion.

    I have worked in the US from March 2010 till Jan 17th 2013 on L1 through company X. My spouse converted from L2 with work authorization to H1b in 2012 and she is on a full time job in the US.
    In the month of Dec 2012, my company X lost the client where I was deputed and they wanted me to move back to my parent company in India. Looking at the situation I applied for H4 immediately and quit my company X on Jan 17 2013. My Lawyer confirmed that I can continue in US beyond Jan 17 2013 as we have already filled H4. Subsequently, I decided to utilize this time to visit my extended family in India and left US on Feb 19 2013. My H4 got approved on Feb 27 2013. In the mean time, company B registered in the US is all set to file my H1b on 04/01/2013. Now as per my plan, since I am currently in India, I will get my H4 stamping done and intend to go back to US by end of April 2013.


    1. Is there any issue in Out of Status period between Jan 18 2013 till Feb 19 2013. (The day I quit Company A and during the post H4 application submission period. Please note that H4 application was submitted before Jan 17 2013.)

    2. Assuming that my H1b gets approved, do I need to apply for change of status in the US before start working in Oct 2013. Is it a risk for me to travel on H4 right now and apply for COS later for H1b.
  14. sivacj

    sivacj Registered Users (C)

    Hello , I am currently working for a Employer A as full time, he has applied for my GC with EB2 PD Nov-2007. I-140 approved on 3/2010, I have EAD/AP and I-485 is applied 01/2012. RFE received for birth certificate and responded to on 03/2012, my status right now is I485 pending and have EAD/AP. I'm currently on H1 with 3year extensions. My question is can I switch jobs now and invoke my EAD and work as Consultant?, What will be the complication if my I485 is denied?, Is it safe to stick with the current position until I485 is approved? What happens for any RFE sent after I leave the current job? To continue the process of GC should my new Employer need to file GC? If so do they have to start the process all over again with my previous PD?
  15. saurabh82

    saurabh82 New Member

    Eligibility for 7th year H1B extension


    I am currently on H1B which is expiring on Sep 28 2013. My employer has filed a PERM case with filing date as Dec 22 2012. Decision of PERM case is still pending.

    In order to get 7th year extension, please advise what are my options Since I will not be completing one year by the time my H1B expires. Should I leave USA for 3 months between now and Aug 31 and then file an H1B extension in Sep 2013 for un-used H1B days?

    My spouse also has her own H1B. Can I go to H4 for 3 months and then come back on H1B in Sep 2013?

    Thanks for your help !

    Last edited by a moderator: Mar 27, 2013
  16. saralasarala786

    saralasarala786 New Member

    Can I apply multiple H-1 bs from two different companies ?

    I have two questions

    1) can i apply multiple h-1 b from two different companies (IN MASTERS QUOTA of 20,000 (i have master degree from USA) ) ?
    is it legal ? or they will reject because of duplicate records ?
    Please EXPLAIN for both scenarios ( for h-1b CAP 65000 and the masters quota 20000)

    2) normally what is the range or approximated charge or cost by attorny's charge to file h-1 b ?

    3) please explain the process of lottery for h-1 in case of master quota 20000 ( ie... for example if the applicants of masters quota are around 30000)
    Last edited by a moderator: Mar 27, 2013
  17. joe 211

    joe 211 Registered Users (C)

    Thank you

    Hi Mr. Rajiv
    I just would like to thank you for your advice few months back, ( N400 11 months delayed, background check for more than 8 months) I contacted my senator office not once but twice, every 60 days I sent a letter. last month I got a letter indicating that my background check have been cleared, and I am scheduled for interview in mid April. I just wanted to update u and thank you for all your advice. It took time but it is over. Thank you
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