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Recording DOWNLOAD for June 7 Conference Call

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

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for June 7 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: 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: Jun 8, 2012
  2. vnmk

    vnmk Registered Users (C)

    AP/I-131 renewal filed incorrectly while I am in India

    Hi Rajiv,

    Thanks for helping out the community with this service.

    I am in India returning on H1B to USA on June 9th. I had mailed necessary paper work + check to my attorney to file my AP renewal. Since my initial plan was to reach USA on May 30th, my attorney filed my AP renewal on June 1st, however I had postpone my trip to June 9th and this wasn't communicated to my attorney ahead of time as it was a 11th hour decision to postpone to June 9th.

    Considering my case that AP is filed on June 1st thru. my attorney and I am returning to USA only on June 9th, please let me know options that I have in-order to correct this error as I would like to get my AP as earliest as possible.

    1. Re-file new I-131 with filing fee
    2. Write a letter or call USCIS notifying the error and corrected I-131 form
    3. Withdraw/Recall the current I-131 petition and re-file
    4. Wait for a response/RFE from USCIS on this case and act accordingly.
    5. No action needed as USCIS automatically correct this type of error based on my I-94 card on June 9th as it is only 8 days in between?

    My attorney suggest to go with Option 1 to re-file new I131 with filing fee as he consider other options are time consuming and may or may not work out for sure. But I want to see if I can avoid paying the 360$ filing fee again.

    Also please advise does this going to have any negative impact on my I-485 petition or AP renewal approvals?

    Please advise on this as to which way to go and impact on my I-485 petition which is pending for the past 6 years.

    Thanks & Regards,
  3. ajaxs108

    ajaxs108 Registered Users (C)

    Urgent question about H1b quota and filing options --

    Hello Mr. Khanna, thanks for your effort in answering these immigration related questions. My scenario and question is listed below --

    I was on H1b till July 2011 ( I had been on H1b for 8 years, 6 yrs + 2 yr extensions, until that point) and then I came to India for a visit I did not get stamping and I had to stay back in India.

    At that point I decided to file for a new H1b visa in the year 2012, on the basis of being outside United States for more than a year, which it will be on October 1. And I am in process of doing that right now.

    Recently I talked to a legal personnel from a company in USA, and he told me that I am exempt from the H1b quota and I could apply for H1b anytime, since I had been on H1 visa in USA before. I told him that I was applying for a new H1b, on basis of being outside US for 1 year, but he said that even then I was not subject to the quota and that I could apply at anytime.

    1) My question is that whatever this person is saying about me being exempt from the quota, is that true??

    2) Prior to coming to India, I had filed for a Labor Certification (EB2) through a company in June 2011, now that labor has been approved, could I file an h1b visa or visa extension based on that??

    3) Is USCIS still very particular about the client letters and other client documents in filing the new H1b visas??
  4. Immiravs

    Immiravs Registered Users (C)

    Traveling to US on B1/B2 visa stamped by a previous organization

    Dear Rajiv,

    I came to stamping in India in February and my case has been put under 221g process ever since and there is no update on that so far..As one can expect, I have my financial assets locked in US as a result of this mishappening and wondering how I can return to US to settle the proceedings.

    I have B1/B2 multiple entry visa visa valid until September 2014 which was stamped back in Mar 2004 and sponsored by an Indian consulting organization. I have not travelled on this visa for that company and had 2 H1B visa stamping after this visa. So I was wondering.

    1. Can I travel to US based on this B1/B2 visa for tourism and to settle financial issues as a result of 221g.

    2. If I can legally travel, will be any risk at the port of entry since I last entered and exited US on H1B. Since I purely wanted to go back to US to visit friends and tourism, do I need to justify that I will return?.

    3. Even though I left the organization that sponsored my visa back in 2004, does that have any bearing?.

    Please advise if it is risky or relatively safer...

    Thanks a lot for your time and legal counsel.
  5. Sai4GC

    Sai4GC Registered Users (C)

    I485 denial - H1b status Question.

    Hi Rajiv Ji,

    My I-485 was denied erroneously, filed appeal. Then applied/got new H1 approved and went india and got h1b renewal and
    came back to US. Now I recieved appeal decision saying I-485 denial is undisturbed. Is this has any affect on my present H1b?

    Thanks a lot in advance,
  6. swe82

    swe82 Registered Users (C)

    lay off on H1 and enterd USA on AP

    Hi Rajiv,

    My spouse has valid EAD and AP but was working on H1 and my spouse was laid off when we went to India.
    she entered US with AP. in a month she will be taking a new job with EAD.

    my question is:
    1) what status is she currently on?
    2) her H1 was valid for another 2.5 years, can she safely switch back to H1 if her employer agrees to do so in the future?

    Please let us know if there are any risks invloved??
  7. immi_IMG

    immi_IMG Registered Users (C)

    Ac21 and change of address

    Thanks for you service Rajiv!!

    I am planning to file for AC21 for a similar job.

    my questions are:
    1) what are the chances of ac21 denial?
    2) if AC21 is denied what will happen to my pending 485 ?
    3) if AC21 is denied can I move back to the GC sponsoring employee without affecting the GC process?
    4) Can I give a PO box address for USCIS for address change as I often change my apartments?

    another question:
    since I have an approved EAD and AP can I change my job to a similar job and move back to the GC sponsoring company after the GC approval?
    if Yes, how long do i have to work for the GC sponsoring company?

  8. vijay_l1

    vijay_l1 Registered Users (C)

    H1 transfer with 2011 petition

    Dear Rajiv Sir,
    I am in Canada as a permanent resident. Employer A in michigan applied for a H1 petition in 2011 February. Petition Got approved but VISA stamping was denied and I never entered USA nor started work for Employer A. Now employer B wants to transfer H1 petition.
    1) Will I be subject to CAP and Quota.
    2) If Empolyer B's petition is approved, can I start work immediately or should i wait for Oct.
    3) I dont have copy of I797. I only have WAC receipt number for H1 approved petition. Is this sufficient for Employer B to transfer my H1.
  9. vijay_l1

    vijay_l1 Registered Users (C)

    Passport renewal during H1B petition

    Dear Rajiv Sir,
    An Employer offered me a job and is filing my H1B transfer.
    My Indian passport was expired and I have submitted it for renewal, which is a 4 week wait period before I get new passport.

    Because the job start date is next week, can the employer file for H1B petition based on the expired passport scanned copy.

    Thank you
  10. ajaxs108

    ajaxs108 Registered Users (C)

    Regarding change of status from F1 to H1 --

    Hi Rajeev, sorry for posting this other question, please take it up only if you have time --

    Is it possible for student to go on an F1 visa for Masters and then switch to H1b visa, after the first semester or within the first semester,
    if he receives a job offer ( A company ready to sponsor his H1b visa), and if it is possible, how difficult or realistic is this??

    Thanks and appreciate your advise...
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