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Recording available for May 24 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, May 20, 2012.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for download for May 24 Conference Call.

    http://www.immigration.com/free-community-conference-calls
    ----------------------------------------------------
    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: June 7, 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 24, 2012
  2. rahulgopaljoshi

    rahulgopaljoshi Registered Users (C)

    Wife's Name

    Namaste Rajiv Ji

    My wife's legal name (First, Middle as well as Last) has not been changed after we got married. So her official name on the passport and all the other documentation is the same as it was, at the time of her birth certificate. Can this pose any issues with respect to immigration related processing (Status change, PERM and further stages of Green Card, especially I-485 filing )

    Regards

    Rauhl G Joshi
     
  3. AnotherMigrant

    AnotherMigrant New Member

    H1B Transfer / AC-21 Portability with Future Employer ?

    Hello Rajiv Ji,
    I am on H1B (Has H1B Visa till June,2014), Filed I485 (Pending for Two & Half Months), I765 & I131.
    Got EAD/AP Combo Card for 1 Year Validity for Both Me & Dependent (Wife is on H4 Visa, Has Visa Till 2014 June).
    Wife going to start work with EAD on June 1st, 2012. ie: Going to start using EAD.
    I am Under EB2(15-1031.00, Level II, Job Req: with Masters + 2 Yrs exp / Bachelors+ 5 Yrs) with current Title Sr.S/W Developer. I have Perm Submission/Approval Letter and I140 Approval Copy with me.

    I have Overall experience of 8+ Years. Want to explore for senior Level positions (like Architect / Project Manager with other Organizations).
    After 6 months of I485 Filing,
    If Future Company is Ready to Sponsor H1B (H1 Transfer) and continue AC-21 (Portable / Transfer /....) so that i can maintain H1B & EAD with Future Employer.

    Is it possible ? What are the options to maintain H1B and EAD with Future Employer?

    Thanks
    Sri
     
    Last edited by a moderator: May 23, 2012
  4. swe82

    swe82 Registered Users (C)

    AC21 with limited available information

    I filed for my 485 in January 2012 and have approved EAD and AP(PD: 04-19-2008).
    I work for a desi consulting company.
    I have a fulltime job offer in a different state and I am planning to use AC21 portability in June.

    My PERM was filed under EB2 advanced degree category and I do not have a copy of PERM/I140 application as my employer is not willing to share it with me.

    I just know the job title and the salary.

    My questions are:
    1) As I just know the job title and salary can I file for AC21 portablity?
    2) Can I file for AC21 without my current employer knowing as I fear he will not let it happen?
    3) Can my current employer revoke i140 and will it affect the pending 485
    4) For AC21 should the salary be the same or can it be lesser?
    5) Is there a way I can obtain a copy of my PERM and i140 application?

    Please let me know


    Thanks,
    Sweta
     
  5. immi_IMG

    immi_IMG Registered Users (C)

    change of state while 485 is pending

    my I485 is pending.
    I will be working for the same employer and same position but will be moving to a different state, is this alright? and will it affect my green card and what are the risks I can foresee?

    do I have to come back to the earlier state after the GC is approved?
     
  6. amipal

    amipal New Member

    New H1B query

    Hi Rajiv Ji,

    I have entered USA on H4 status in April 2012 as my Wife’s dependent and got my H4 processed through my Wife’s Employer ‘X’ in India. I was working with Employer ‘A’ in India during that time and applied for long leave to accompany my wife here for 4-5 months (still securing my Job). My situation is:

    1.My H1B petition from Employer ‘A’ has been filed in April this year and I am yet to know the status of it. Assuming everything goes well and my H1B from employer ‘A’ gets approved, is it possible that I can change my status here from H4 to H1B if at all my employer ‘A’ is able to place me somewhere in US and if posssible how soon can I do it assuming I get petition decision by this June end. Or do I have to go back to India and get my H1B stamped sometime in Oct (as is normally the case) and then come to US on H1B status.

    2.If I go back to India and get my H1B stamped, would I be able to have both H4 and H1B visas? Asking this as I might need to come bacck to US again on H4 to seee my wife if I do not get any project to work on.

    3.In the worst case if my current Employer ‘A’ in India is not able to get me some US assignment, then what are the chances of being in US merely with the approved petition and getting it transferred from another employer, is this possible?(exploring the possibility and pros & cons of it)

    4. Being on H4, are there any other ways I can work in US?

    The ultimate intention is to continue with the job (by avoiding long leave period) and join my Wife in US. I would be really grateful for suggestions.

    Best Regards
     
  7. pradeepd

    pradeepd New Member

    RFE on 140 EB2 3yrs Degree

    Hi Rajiv,

    Thanks so much for holding these community calls. Really appreciate your work.

    My question is "I hold a 3yr bachelor's degree from India. I hold a previous 140 EB3 from a previous employee. I applied my 140 EB2 with my current employer. I got my 3yr evaluated from an evaluator from east coast. Now I got an RFE asking me to prove that my 3yr degree is equal to 4yr US bachelor's. My attorney says that I need to find another evaluator and get my education evaluated. I wanted to ask your opinion on how to reply to this RFE on this conference call. Can you kindly advice me on this topic"

    Thanks,
    Pradeep
     
  8. joy3344

    joy3344 New Member

    PERM filing by another company and porting priority date

    My current employer will begin my PERM in about 6 to 9 months because there are other employees who are ahead in the queue. I am trying to figure out if there is any way in which I can get the GC process initiated as soon as possible (through another company that is willing to file my GC for a future job ). In order to save this time, If I get PERM filed by another company (without actually working for them at the time of filing PERM and other GC applications) and later want to port the priority date to my current employer(when my employer is ready to file PERM), what conditions should be met for this to be possible.

    Thanks for your clarifications Rajiv.
     
  9. PoorH1Boy

    PoorH1Boy New Member

    Incorrect evidence submitted in response to a RFE on I-485

    Hello Rajiv !

    I got an RFE on my pending I-485 (pending since Dec 2006). Among other things RFE was looking for an evidence that I maintained by non-immigrant status in the U.S between 2006 and 2012. I have valid H1B approval notices - I797s- for that period. However, during one of my H1B renewals in the past,USCIS mentioned the incorrect validity dates on my H1B approval notice. The dates were mentioned as valid from xx/xx/2008 to xx/xx/2010 , they instead should have been from xx/xx/2007 to xx/xx/2010. We immediately got it corrected and amended H1B notice with the right validity dates was approved.

    Now the problem is in responding to the RFE, my company's attorney sent the H1B approval notice with the incorrect validity dates in the documentation to USCIS. He should have sent the amended one or both and should have explained that amendment in his response.

    Due to this goof up there is an apparent gap of 1 year in the continuity of my non-immigrant status which is not factual since a wrong document was sent.

    What are my options now ?

    Thanks for your help
     
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