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Recording available for May 9 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Apr 27, 2013.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for May 9 Free Community Conference Call with Rajiv.

    Conference Dial-in: : (202) 800-8395
    Start Time: 12:30 PM, EST
    NEXT CALL DATE: May 23, 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: May 9, 2013
  2. kk1000

    kk1000 New Member

    Wife EAD\AP expired, How to get her back to USA

    Hi Rajeev Sir,

    Me and my wife applied for I-485 in Oct 2011,We both got EAD\AP combo card in Dec 2011. In 2012 my wife left for India, due to family emergency but she is not able to come back before AP expired. At the time she left she was on H4 and never used EAD\AP. I traveled on AP but maintaining H1 status.

    Please advice what is the best option to get her back now in United States with less chance for rejection as she is outside for more than 1 Year.

    1.Shall we go for H4 stamping based on my H1B approval copy. Is there any risk if we select this option. Only thing I am thinking is that in my passport Parole is stamped as I used AP for travel so hoping that this will not impact for her stamping.
    2. Can we apply for renewal of her AP which is already expired in Dec 2012 from outside the country? Is there any risk?
    If we go with this option, then She will fill the I-131 and while filling select the option in I-131
    Application Type:- Type D :- I am applying for an Advance Parole document to allow me to return to United States after temporary foreign travel.
    Collect the AP at US Consulate in India .
    Once filled, she will send me the I-131 and I send the documents to USCIS with other supporting documents(including previous EAD\AP copy).

    Is I-485 abandon as she is not able to come back before AP expiration?

    Thanks and appreciated.

    Last edited by a moderator: Apr 27, 2013
  3. amolaz

    amolaz New Member

    Travel on OPT

    Hi Rajiv,

    This is my situation:

    1. I am on F-1 for my PhD and will graduate in July. I have a job offer from a reputed employer. My F-1 visa will expire in June.

    2. I have applied for an OPT starting Aug 1.

    3. I want to travel to India after I graduate and before I join my job. During August.

    What options do I have? Will I have to apply for an F-1 visa again? If yes, what are the chances of getting it and what documents are must for me to take to India?

    In case I cannot travel before I actually join the job and considering that H1 for this year is over, can I travel after I have joined the job before getting my H1 next year?

    Thank you,
  4. iamnavaneeth

    iamnavaneeth New Member

    Port of entry problem


    I'm on H-1B visa which is expiring in November 2013. My wife has H4 visa but she is in India now. She is planning to come here for good in the month of October. I will be applying for an extension after she has reached here.
    My question is - with just one more month validity, will she have any problem at the port of entry?
  5. tomboy

    tomboy New Member

    Dreamer application for dependent of E1 Visa

    Hello, our son is currently as a dependent on our E1 visa. He will turn 21 in 3 years and would qualify for the dream act except he never was illegal in the US. I was told the dream act applies only for children without a legal status. Who has any ideas and or what should we do. He will not have finished college by the time his visa expires.
    I know we can change his status from E1 to F1 but what happens when he finished college? Does he has to go "home"?
  6. ilallu

    ilallu New Member

    Re-apply for a Green Card for my mother...

    Hi Rajiv,

    I'm sorry I missed your April 27th podcast because I have lots of questions regarding the family-based petition for alien relatives. I had applied for a Greencard for my parents in 2004 while they were in the US on a visitor's visa (by filing the I-130 and I-485 concurrently). They got their GCs fairly quickly and returned back to India to take care of the house etc. But my father was diagnosed with Prostrate Cancer shortly after and an untreatable heart condition due to which they were never able to return. They had applied for a re-entry permit but could not return to the US before it expired in 2 years. So they both surrendered their greencards at the US consulate and applied for a vistor visa which was granted in 2010.

    My father expired in 2012 and now my mother is alone by herself in India so we'd like to sponsor her for a GC and bring her to live with us. My questions are the following:

    (a) will the fact that she had a GC before and surrendered it be held against her ? Are they likely to deny the I-130 petition due to the history ?
    (b) She is currently in the US on her visitor visa. Is it a good idea to do the same thing like last time: file the I-130 and I-485 concurrently while she's still in the US ? Or will it go against her having done the same thing the last time ?
    (c) In that case, is it better to wait until she goes back to India and then file the GC and apply for an immigrant visa at the consulate in Mumbai ?
    (d) Can the family-based GC processing be done partly while she's in the US (Step 1:file the I-130) but while that is being processed, have her return to India at the end of her stay permit and apply for the Immigrant visa (Step 2) at the US Consulate ? Or does the process have to be done completely while she's in the US or completely while she's in India ?
    (e) Is there any recommendation for which one might be sooner ? Or which way might be more favorable i.e. increase her chances of getting the GC a second time ?
    (f) and lastly, if for all the reasons mentioned above, if her GC is denied (either the I-130 or the application for immigrant visa or the I-485), does that automatically invalidate her multiple entry visitor visa as well ? The last thing I want is for her to be denied a GC and also not be able to visit us on a visitor's visa ? For instance, could they send her back at the port of entry the next time she comes on the visitor visa due to the fact that she has shown intent of immigration (via the I-130 or Immigratn visa petition) ?

    Please advise what would be the best thing to do in this case.

  7. jb2013

    jb2013 New Member


  8. Cyntz2010

    Cyntz2010 New Member

    LPR thru Marriage since sept.2009 but got a pc 484 a in california feb. 20012

    Hi. Please i need your advise i'm a green card holder since sept of 2009 but got a arrested and fingerprinted last feb of 2012. I got a APPS (alternative prosecution program)and the case dismissed/dropped and no fines or probation no charges filed against me..since i finished the course i even check the court if i have case disposition but the clerk said that i dont have a record.This is my first offense in my whole life now im going back to my home country is there a problem in entering back or to the POE which is LAx? Thank you in advance and i really appreciated your advice..
  9. SriWorld

    SriWorld New Member

    Travelling to India on h4 while status pending on H1


    Currently my wife is on H4 and applied H1b this year and her status is pending. She is travelling to India this month on 11th May and will return on June 1st week.

    Questions -
    1)If her H1 gets approved ,while she is in India,should she go for H1 stamping?
    2)If she travels to India while H1 is in pending,is there any chance of getting RFE?
    3)Can she enter the US on H4 if she comes back before June'13
    4)Will it cause any issue if she travel to india during her H1b in pending status.
    5)Will the amendment be filed after her approval or before that?
    6)Should she get a job to get her H1 approval?
  10. l1btol1a

    l1btol1a New Member

    PERM with EB2 after EB-1C withdraw

    Hi, Rajiv Sir

    I was on L-1B Status and did change of status to L-1A and also I had one H-1b with another employer that I didn't join. Right now My status is L-1A.

    While applying for my L-1B, we used my title as Software Engineer, then for L-1A we used the title as Functional Manager. Right now I am working as a Manager with L-1A.

    My employer filed EB1-C recently and got RFE then we decided to withdraw the petition. Do we need to tell any reasons to withdraw the petition? Will be there any impacts on my L-1A because of this EB-1C petition withdraw?

    Now, I would like to go through EB2 with different Company. Can the new company file the PERM for me as a Software Engineer with Software Engineer decription? Will I get any issues later at I-140 and I-485 stages with my L-1A duties those already told to USCIS?

    Please advise.

    Thank you very much.
  11. 4turya

    4turya Registered Users (C)

    Re assistance for the way forward

    Hi, Rajiv Sir,

    Am called Turyahebwa Ivan and am really glad to say as a Ugandan that i was randomly selected for the 2014 DV Lottery to go for further stages of applying for DV Immigrant Visa Program. Rajiv am writing this email to seek your kind assistance and help on what goes next after being selected for further stages. I stay here in Uganda with all my parents and my dream is to immigrate to the USA for some opportunities.

    Thank you so much for your help and i look forward to hearing from you

    I remain,

    Turyahebwa Ivan
  12. mkhanna

    mkhanna New Member

    H4 Visa Entrepreneur

    Hi Rajiv,
    I am an H4 visa holder and am interested in founding my own start-up. Could you please let me know what ways I can do so?
    I understand I am not supposed to be employed/earning on an H4 but since the company would just be starting up, I don't expect to be receiving any income anyway.
    Thanks very much.
  13. Hari_dasu

    Hari_dasu New Member

    New OCI regulations vis a vis travel to India

    Dear Rajiv
    Me and my wife are OCI holders issued in 2010 . We are 87 and 82 yr old. As our old US ports expired we were issued new passports. Our life long U visa is in our old passports. Our OCI was issued in 2010 and Uvisa is stamped on our old US passport which expired and was renewed recently in 2013. Can you please advise whether I can go to India with the new US passports and the U visa I have in my old passport without going through the time consuming ordeal of reissuing of OCI. The local Indian Consul office do not reply my emails or take phone calls . Typical Indian Bureaucracy. I look forward for your help and advise
  14. intstu

    intstu Registered Users (C)

    Re: Effect on Employment based green card on H1b candidate (MBA-Corporate Finance, US Degree)

    Hello Rajiv,

    I am following the immigration reform 2013, where many things are going on for green card after H1b. I analyzed lots of good aspects for STEM graduate or people on H1 with STEM degree from an accredited US institution.

    And it sounds like if the bill comes to in effect as a law. The green card for STEM degree holder will be lot more faster and easier.

    My question is..

    > I am on H1B working as a Business Analyst and holding an MBA in corporate finance degree from an accredited US University.

    > How will this bill affect my chances of getting green card? Will there be any benefit to those H1s who are holding non STEM US Degree?

    > At present the P.dates for EB2 are in 2004, IF this bill passes, what benefit a person like me can have?

    > Based on what you have studied on this bill, (I watched your superb videos on this), will it make the green card faster for the H1s (Non STEM)? If yes what will be the expected duration according to you?

    > Lastly, what is your suggestion for people like me to take action to get the GC faster and with all legal means?

    Thanking You
  15. I131N470

    I131N470 New Member

    N470 & i131

    Sir - I work for a US incorporated subsidiary of a foreign bank. This bank would like to transfer me to Japan for at least 4 years. I am Canadian so unsure if I need the I131. But my priority is maintaining my permanent resident status (received about 1 year ago) as well as not resetting the clock on my naturalization. I have traveled outside the US on a 4 day vacation in Nov 2012. So question is, can i file for a I131 and N470, stay abroad, do the needful of traveling back to the US and renewing the forms and not harm my PR status as well as file for naturalization as soon as i'm back?
  16. rapolu

    rapolu New Member

    H1B and Visa Stamping Questions

    This is Ravi Kumar, I am staying in USA since May, 2008. It's my 5th Year in USA
    I didn't visit India per the past 5 years. I came to this country with Consulting company(xxx). I changed my employer(YYY) in 2009 and got two times H1B extension (I797) until May, 2014 and also had I140 with YYY company. I have copy of my I140 approval notice.

    Recently (Jan, 2013) again I changed the employer (ZZZ), this time got the H1B extension for 3 years based on my I140 approval. it came until Dec, 2015. As of now, my new employer didn't start the green card process.

    My old employer(YYY) didn't revoke my H1B and I140. Now I have two I797(I94) valid papers with me.
    Now I am planning to visit India in August and will go for stamping (chennai).

    My questions are:

    1) will it problem for me to get visa stamp because of my two valid I797 H1B extension papers?
    2) will it problem for me to get the visa becasue of my approved I140?
    2) Do I need to ask my old employer to revoke my H1B?
    3) At interview time, Will the VO provide any option (voluntary revoke old H1B)?
    4) if my old H1B gets revoke then will it effect on my approval I140?

    5) if both Old H1B and I140 is revoked, can I use my priority date with my new employer?

    Please help me.....
    Last edited by a moderator: May 5, 2013
  17. ajaxs108

    ajaxs108 Registered Users (C)

    Hello Rajeev --

    Hi Rajeev,

    I had a question about my friend's situation who is a doctor and applied for a B1/B2 visa in New Delhi
    consulate for appearing in the USMLE Step 2 Clinical Exam and they gave him a visa valid for only 3 months
    with the "Annotation: USMLE Exam" on the visa.

    1) Can he apply for "Change of Status" to F1 visa, is he gets an admission into a college over there or not??

    2) Suppose he gets an observer-ship while he is there, can he apply for an extension for his stay on B1/B2 visa??

    3) Suppose he goes for stamping for F1 visa for the admission he receives, should he go for stamping in India or
    can he go for stamping to Canada or Mexico, while he is there.He is citizen of India and the B1/B2 visa he has
    received is "Multiple Entry"

    Thanks in advance for your help.
  18. inforanjan

    inforanjan New Member

    Employer change between H-1b acceptance and H-1b start with OPT valid until November

    Hello Sir,
    I am working on F1-OPT-STEM Extension valid until Nov. 05, 2013 with a internationally reputed employer. My employer has petitioned for my H-1b for FY-2014, which has been accepted for processing & is currently under initial review.

    For several reasons, I am desperate to switch employment, but cannot risk losing my H-1.

    I am wondering:
    1. Once my h1 is completely approved, how soon can I have my next employer apply for h1 transfer?
    2. Is it possible to transfer the h1 before it starts i.e. October 01, 2013.
    3. Since my OPT is valid until Nov. 05th, can I switch using my OPT and start my h1 with the new employer?
    4. Also, if two paystubs are needed from current employer, would my pay stubs through my OPT, work?

  19. lincoln123

    lincoln123 Registered Users (C)

    AR11Address Change form

    Hello Rajeev Sir,

    Form AR11 has several optional fields like 'A number', 'Middlename', 'School-Employment history', etc.

    When I try to submit the form without filling the above fields it doesnt allow me to do so.

    I dont have any of the above info with me. I am on H4 visa. How can I inform the DHS about my address change?

  20. swe82

    swe82 Registered Users (C)

    Hi Rajiv!!
    Thanks a Ton for your service!.

    I entered USA on AP in May 2012 and my I94 was given until MAy 2013, My earlier AP expired in Feb 2013 and I applied for a renewal and my EAD/AP has been approved until feb 2015.

    My question is:
    I do not see any updated I94 with the EAD/AP, since my I94 is expiring this month, should I do something ? or my EAP/AP valid until 2015 is good enough?

    Please let me know?
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