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Recording available for May 10 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, May 5, 2012.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for May 10 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: May 24, 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: May 10, 2012
  2. rahulgopaljoshi

    rahulgopaljoshi Registered Users (C)

    H4 Extension and H1B Change of Employer + Filing for PERM

    Namaste Rajiv Ji

    Working for Company A - H4 and H1B Extensions applied recently and gotten approvals for both of them. Now if the Primary H1-B Applicant wants to change employer to Company B, does the H4 for the dependent has to be file I 539 one more time when H1-B person needs to change employers ? (BOth H4 and H1B extensions were applied and approved till the end of 6-YR H1 period)

    Also if company B wants to start the PERM process, do they need to wait to file PERM with DOL till they receive the approval for H1B transfer that is filed ?

    Thanks a lot....
  3. lakshmi_m

    lakshmi_m New Member

    Previous Status Gaps and I-485 processsing

    Hi Rajiv ji,
    Namaste. Please see my situation below and kindly advice.

    I entered USA in 2003 on F-1 Visa. I joined company A on H-1 B in 2005. I did not get project with company A for about 8 months. I was on bench with company A for 8 months. I got job offer with company B. Company A helped me and prepared 2 pay stubs and gave me 2 pay stubs so that I could transfer my H1-B visa to Company B in 2006. Kindly note that I do not have W-2 with company A.

    I successfully transferred my H1-B visa to Company B. I worked for company B for 2 years and joined company C. I joined company B back after working for company C. Now, I am employed with company B. Since 2006, I am continuosly employed with company B and company C without any gaps in pay. I have all W-2's and pay stubs since 2006.

    Company B applied for my Green Card processing. Both PERM and I-140 got approved with company B. I left USA and got H1-B visa stamp in December 2011. I entered USA in December 2011 on valid H1-B visa. My company will be applying for I-485 when my PD becomes current.

    Kindly see my questions below.

    1) Would the status gaps and bench period of 8 months I had with company A hurt me during I-485 processing with company B?

    2) Would Not having W-2 with company A hurt me during I-485 processing with company B?

    3) What happens if USCIS knows that I do not have W-2 with company A?

    4) Would these gaps hurt me after I get my GC or during US citizenship process?

    Thanks for your advice.

    Last edited by a moderator: May 7, 2012
  4. justaquestion

    justaquestion Registered Users (C)

    Immigration law

    Hi Rajiv,

    I have a general question on immigration law.

    I have seen various artifacts in relation to immigration --- 1) Law (INA); 2) Regulation (CFR) ; 3) Memo (eg. Ayte's Memo, Cronin's Memo etc.); 4) Guidance letters .... there may be more.

    What is the legal standing of each of these ? What I mean is, if there is a court case which of these holds good ? In some forums I have seen that only Law and Regulations are valid in court . Does that mean one should not rely on Memo's and Guidance letters for immigration purpose ?
  5. superkings

    superkings Registered Users (C)

    H1 after 6 years

    Hi Rajiv

    Firstly , thanks for the all the Help. Here is my question.

    My six years of H1 ends in August 2012.I applied for PERM in October 2011 and it is under AUDIT.
    So if i dont get an i140 approval i know i am not eligible for another extension, since its not 365 days since applying.

    1)My Wife currently works on an L1 visa .Lets say i dont get the PERM approval by August 2012, then I should be able to work on a L2 EAD (Once COS and EAD is approved) right?

    2)If my PERM approval and i140 go fine and get approved by Dec 2012 (Assuming i am working on L2 EAD by then ) Can my Employer request for 3 years of H1 ? In other words can i go from L2 EAD to H1 again?

  6. dame

    dame Registered Users (C)

    EB3 to EB2 PD porting


    1. EB3 to EB2 PD porting; is it true that I cannot port the priority date if my previous employer revokes my approved I-140? Can they really revoke an I-140 approved several years back?
    2.I am planning to file for H1-B but I cannot start working for my sponsor until Jan-2013. Is it ok to start the job (payroll) in Jan-2013 or should I have to start working from Oct-1-2012?

    Thank you.
  7. richml9987

    richml9987 New Member

    Fiancée born in Nepal-eligibility for filing I 485

    Hi Rajiv,
    My employer will file my PERM application in about a year from now (May/June 2013) in EB2 cactegory. I was born in India. My Fiancee was born in Nepal. I am getting married in a few months. Once my PERM is approved (by Oct/Nov 2013), I want to know whether I would be eligible to file I-140 and I-485 at the same time.

    By the time my PERM is approved in Oct/Nov 2013, I believe the priority date for people born in India whose labor was filed in EB2 would, most likely, not be current. But, most likely, the priority date for people born in Nepal would be current. My wife would be a derivative applicant for green card (I would be the principal applicant). So, would I be eligible to file I-140, I-485, EAD and AP at the same time after the PERM has been approved based on the fact that my wife’s (Indian citizen, Nepal born) priority date will be current. In other words, if the priority date for the derivative applicant is current, would that allow both the derivate and the principal applicant to file for I-485, EAD and Advance Parole.

    Or is it only the principal applicant whose priority date MUST be current in order to be eligible for filing I-485?

    Thanks Rajiv for clarifying this.
  8. aks341

    aks341 Registered Users (C)

    Dear Rajiv,
    I am on a student visa. I recently sold some personal used items on ebay since I do not need them any more. I also sold some event tickets that I got free as a student. Is that going to create any problem for me ever?
  9. Immiravs

    Immiravs Registered Users (C)

    Work status during 221g Admin processing

    Dear Rajiv,

    Thanks for your time. I visited India due to personal emergency in February and my visa is rejected under put under 221g processing.. My client offered me to work in India office.So I joined as as a offshore contractor with the client and am being employed by the offshore entity of my US employer who filed my H1. I was hoping that this situation will help me when USCIS makes decision to reaffirm the petiion since I am with the same client (India offshore division), same project and even same US employer's offshore entity. It has already been 3+ months and wondering if it really helps working for the same client and same employer or it will not likely have any bearing on the final outcome.. Please provide your valuable suggestion and input...

    Thanks a lot for your time.

  10. aagar2003

    aagar2003 Registered Users (C)

    Questions after L1-A denial at Chennai Consulate in India?

    I recently went for premium L1-A (blanket) interview at Chennai Consulate, India and my visa was "not clearly approved" aka rejected as per the reason checked in by the Visa Officer (VO) on the stupid blue colored form 221(g) mentioning "8 CFR 214.2 (I)(ii)(D) and INA 101(a)(15)(L)". I checked online that these reasons are applicable for specialized knowledge which should be L1-B and should be adequate reason for rejection under L1-B category but not for L1-A since later does NOT involve any specialized knowledge but, infact, requires managerial or executive level responsibilities.

    Now in the difficult situation I am, I am seeking answers to following questions below:

    (a) The form 221(g) says I can apply for the visa under another category within next 12 months. Does it mean I can apply for either H1B or L1-A Individual in next 12 months? Do I have to pay the visa fees again?

    (b) In case I apply for premium H1-B, do I need to go to the consulate again for the interview or I can ship in the passport via courier and get the visa stamped? (I really need to avoid traveling to Chennai - the place is hot and humid, very expensive and has nothing to eat really. Rajiv - you can't imagine unless you have been to this place)

    (c) I had been in US on F-1 for 2 years followed H1-B for 6 years. Do you think I stand a good chance to get approval for new H1-B after getting refused for L1-A recently?

    (d) I have a valid F-2 visa on my passport that is valid until Sept 2015. If I get H1-B stamped, whose validity should start from Oct 1, 2012. Would the USCIS VO cancel my F-2 visa and then issue H1-B? Or would my F-2 visa remains valid till Sept 30, 2012 and post that it will be H1-B? Specifically I am asking for the possibility for me to enter US in July 2012 on F-2 visa and later work from Oct 1, 2012 on H1-B. If yes, how is it possible? Do I need to go outside of US at the end of Sept, 2012 and re-enter?

    (e) As I have already stated the reason that VO has given is not applicable to my case, do you think an appeal to consumer court should be made for this nonsensical looting of $ in terms of visa fees by USCIS?
  11. Rajiv S. Khanna

    Rajiv S. Khanna HOST, Immigration.Com Staff Member

    See this about porting.
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