Recording available for Sept 13 Call

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monica1

monica1

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Recording available for Sept 13 Conference Call.

http://www.immigration.com/community-conference-calls-recordings

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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: Sept 27, 2012

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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.
 
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Pending 485 and Change of Address - Family in India

Hello Rajiv Sir,
I have the following question and hope you will help me with this.

Priority date is Dec 2009. Got EAD, and 485 is pending.
We have changed the address 1 month back and just after that my family went to India on a 3 month vacation.
I was planning to change the address online(AR-11 and pending 485), but was told by my friends that
we might require to go for finger Printing again if address is changed.
In some online forums also, 2 people mentioned that they had to go for fingerprinting after the adress change
Then I thought of not to change the address with the fear of another Biometrics appointment and as my Family is in India currently.

Wondering if the address change will require us to go for fingerprinting again.
Will it be Ok if I dont change the address for the pending application for the coming 2 months..?(I am regularly checking the application status online).
Will it by any means affect I-485 processing..?I am really confused what to do.

Could you please help me with this..
(I am also going to India in October.)
 
Green Card Processing

Hello Rajiv:

My Background-
I am working as a s/w developer on H1B. H1B is processed under my real brother's company(Company X). No GC filed yet. I am working as a consultant(on contract) in Company Y.

Problem Statement-
I have been offered to be permanent employee of Company Y and they are willing to process my GC (premium processing at all stages). As Company Y is bigger s/w development group and there is no familial relationship, it is safer to get GC processed under them. However, I may want to get my GC transferred/ported back to Company X in future so that I can travel back to India flexibily. My questions are:
1) Can I(Indian Citizen) file AOS along with I-140?
2) When exactly can I switch back to Company X? I believe I can switch 185 days after 1-140 approval, considering I-140 and AOS are filed together.
3) Does filing of AOS depends upon PD in anyway?
The primary reason behind above questions is to understand how soon can I transfer back to Company X from date of filing of my GC.

I really appreciate your efforts & guidance! It had been such a great help!

Regards,
Rahul
 
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L1-B extension denied. Spouse Green Card holder

Hello Rajiv Sir,

I just received information today that my wife's L1-B visa extenstion has been denied. The I-94 on the petition had already expired. I am a Green Card holder and has it for 4 years. When we got married in early 2010 (my wife was in US since 2009) and as I had a green card she travelled on her existing L1-B petition. We haven't applied for her GC because we were planning to apply when I became a citizen next as the process is much quicker. With these change in circumstances I just wanted to check what are my options. She is also 4 months pregnant so this makes it even difficult situation for us. Please advice.
Help will be greatly appreciated.
Questions:

a) Once she receives the letter of denial with the reason, is there a way to appeal the denial through her employer. And with the appeal pending can she continue to stay here with the status maintained?

b) Can she transition to a (B1/B2) using form I-539 to change non immigrant status or any other visa so she can continue to stay in the US until she gets her my GC through me when I become a citizen? She had a threatened miscarriage so I am planning to file this based on medical condition and the fact that she will eventually be getting a GC through me within next 2 years. The processing time for I-539 is 2.5 months so will she out of status in the meanwhile? Are there any repurcussions to be out of status for 2.5 months and is this approach recommended?

c) If nothing else works out and I-539 is denied how much time she has to leave the country?

d) How soon she can apply for another L1-B visa through her employer if she decides to travel back to India now? Are there any time limitations.

Thanks,
Neekat
 
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What are my options with a 3 Year Degree

Hello Rajiv Ji,

I have a 3-year degree from India along with a 1 year diploma course and have about 15 years of experience.
I have got my credentials evaluated and it was confirmed to be equivalent to 3-Year US Bachelors degree, which is obviously not eligible for EB2. I am wondering, if I manage to get additional qualification (such as Masters from an US University), can i then be eligible for filing under EB2? In other words, would 3-Year Degree from India PLUS Masters from US would be a viable option for EB2, assuming the job requires Masters and that I have requisite experience needed for EB2? I would really appreciate your guidance and feedback.

Thanks
 
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Fresh H1B while existing H1B stamping is pending on 221g for 7 months with no decision

Hello Rajiv sir,

I had an approved H1B from 2011-2014 with employer X. Came for Stamping in February and visa was rejected (within 1week after the interview) based on the reason that petition was filed with client Y and LCA in VA and later I moved to NJ for Client Z..As a routine practice my employer got the NJ LCA and that formed the ground for rejection.
Continued working with Client Z in INDIA from April onwards.. Now a different US based company A wants to file for my H1B but would like me travel to the US on my existing B1/B2 visa stamped back in 2005 and valid till 2014. Request you to clarify the following

1. Can the employer A transfer my H1B or should file a new cap exempt petition?. If so, should my previous employer withdraw H1B petion under 221g.. Given that one candiadate can have multiple H1B petitions, can the existing 221g is be left as is until USCIS makes a decision . Also Employer X is about to file for my I-140 and ask for a PD from earlier approved I-140 petition. Please comment if this is advisable to work for someone and someone else is filing my i-140 and GC.

2. The new employer A (A respected US product based company of 500 employees)would like me to travel to US on a B1/B2 visa that was stamped 7 years ago through a different company altogether. Is it prudent to use that B1/B2 while existing 221g is pending and another H1B is about to be filed. I have personally seen people travelling on past B1/B2. Is it advisable?

3. I have spent about 5 years in the US before I came to India for Stamping and got stuck on 221g and have an approved I-140. Please clarify how much time I have before my H1B cap exempt status gets expired?. Will I still be counted agaist the cap even if I have I-140 petition. Can my new employer A use the previous I-140 petiton to request for 3 year extension and at the same time my existing employer X request for PD recapture.

Thank you so much for your time and I dont have words to describe your invaluable help to the community.
 
family Based Case

Hi,

My USA citizen wife filed petition case for me in 2006 which was stuck for the longest time for name check. After the name check they decided to deny the case based suspicion of sham marriage and My file had to file !290B which was also denied. Then she appealed to BIA in 2010. BIA remanded my case back to local USCIS office due to failure of local office to review evidence she sent. BIA used very strong wording and disagreed with USCIS on every reason they had to deny the case.

My case was reopened in May. How long does it take take decision after it was remanded back to USCIS?
Can I apply for EAD and travel documents as I485 was also reopened?

Over all what is the procedure USCIS will follow since every point made by them was put down by BIA?

thanks
 
GC process when not in country

Hi Rajiv ji


1) If the employers in USA can continue with GC process of the employee even if the employee is NOT in USA for sometime?

2) My wife is on H4 and desperately waiting for EAD so that she can work ...Under current scenario, since it may take much longer for us to file for EAD( PD is Dec 2010), if we plan to go back to India for sometime :-
a) can it impact my existing GC process with my current H1-B company.
b) Would my company need to shift my GC process to India if I move to India for something like consular processing or something.. dont know what exactly that is .... Is it risky? Any known problems in such a case.
c) Can we just come back to USA when date becomes current ( whenever it happens ), file for EAD in US and then start working ..as primarliy wife can start working on EAD. Here assumption is I still have valid H1-B and stamping etc.

Please let me know... Appreciate your help

Thanks,
 
Latest bullettin related - EB2 category

Dear Rajiv Sir,

Couple of questions please:-

1) Based on latest Visa bulletin ..for EB2 the date has moved back to 2004 now. What could be logic here whereas I know some friends who have Priority Date of as late as Dev 2008, have got their GC ? Any Idea/your expert opinion why the date was moved that far back

2) I saw one letter from USCIS which explains Demand for applications ..

As per this document, it seems there is already demand 35000-40000 GC pending with USCIS until now. As per my understanding all these 35,000 to 40,000 people have filed for 485 i.e they have or would get their EAD soon and are now waiting for their GCs. Also the document says that INDIA is granted only around 2800 GCs per year.

My priority Date is Dec 2010 with approved I-140 . So does it mean that we might not have Date current for Dec 2010 until several( may be 9-10 years ) now, considering they already have a queue of 35000- 40000 applications and USCIS just processes around 2800 such applications per year, to distribute GCs? Seems 485/EAD application are requested to create Demand, but since they have huge demand already in Queue.. they might not move the date to 2010 for may be 10 yrs... Your thoughts/opinion based on the figures please.. Appreciate it and sorry for little bit wague question. Reckon I made my point clear

3) Again hypothetical question... Do we think we might get HR3012( The Fairness for High-Skilled Immigrants Act) passed in coming year or two.. giving releif to so many people. That seems to be only option ..as per me... but you can comment please..

Let me know sir .. as current Visa bulletin was not as expected at all

Thanks
 
Labor and I140 time lines.

Hi Rajiv Sir,

My Labor got approved under EB2 2months back. My employer is in process of filing my I140.

1. Heard that Labor gets expired after 180 days of its approval and I140 should be approved before that…Is that true?

2. What if I140 is denied after 180 days of Labor approval ? Can we apply for I140 again with same Labor even after 180 days? How long Labor will be valid?

3. Eb2 Date got moved back to 2004. What does it mean? Whose applications will be processed when they say EB2 priority date is moving back..?

4. What is the next stage to apply for after I140 approval.

5. Is it suggestible for someone to port from Eb3 to Eb2 at this point of time sonic both of them has all most same priority dates now…?

Thanks a lot for your suggestions
 
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