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Thread OPEN to Post Questions for January 25, 2018 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Jan 12, 2018 at 3:00 AM.

  1. DEEPAMENON

    DEEPAMENON Team Member, Immigration.Com Staff Member

    Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call for all of you, every other Thursday at 12:30 PM Eastern Standard Time to answer US immigration related questions, Dial in No: (202)800-8394. Everyone, whether or not a member of discussion forums, is welcome to call in and ask questions or just listen live or listen to the recording for the call posted at the end of the day. Note that we answer posted questions and follow-ups first.

    -------------------------------------------------
    Conference Dial-in: : (202)800-8394
    Topic: General Immigration Related Questions
    Start Time: 12:30 PM, EST
    End Time: 1:30 PM, EST
    CALL DATE: January 25, 2018
    -----------------------------------------------------
    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.
     
  2. Madhusudhanan

    Madhusudhanan New Member

    Hi,

    In Green Card Labor application, My place of birth is entered wrong place. (Instead of Madurai, it is entered as Chennai). How to resolve it?
    Do we need to file a amendment?
    or do i need to wait till 485?
    or do i need to start a new Green card application.

    Thanks
    Anna
     
  3. AbhishekVerma

    AbhishekVerma New Member

    Hi Khanna ji,
    I am an Indian passport holder.
    I did my undergrad from USA, graduated in 2006.
    - 2006-2007 - OPT work
    - 2007 - 2013 - H1b visa work
    - 2014 - present - on CPT, and also working full time.
    - The above gives me around 10 years of work experience in STEM field.

    My current company filed for my GC this November 2017, in EB2. As my place of birth is in a Northern African country (libya), I am thinking my status for EB2 is current.

    Few questions:
    Basically, I want to know next steps when my 9089 comes back:

    1) When my 9089 comes back, can I file for my i-140 and 485 in premium processing together?
    2) Based on the above scenario, will I get my green card almost immediately, or I'll have to spend some approx 6 months on EAD before I get my green card?
    3) If I file for i-140 and 485, can I leave the country, or do I need to stay in USA?

    Thank you
     
  4. NAARAAYANAN

    NAARAAYANAN New Member

    Dear Sir,

    My SSN denied with reason 'DHS is unable to verify the immigration document as evidence of lawful status'. My Visa and I94 both got expired on 31st Dec. But Visa Extension (regular mode) applied in US by my employer on 8th Jan.
    Questions:
    Am I illegally staying US? if So, how many days I can stay in?
    In case Visa got rejected, what are the next steps?
     
  5. arjung

    arjung Registered Users (C)

    Rajiv Ji,

    I received my green card in June 2015 and I have a re-entry permit which will expire in Feb 2019.

    My fiance is in India and recently received B1/B2 Tourist visa.

    Question regarding Continuous residency requirements for US citizenship.

    1) To apply for US citizenship, I should live in the US under permanent residency status right for atleast 4.5 years right?

    2) If I go to India, work and live in India for next 2-3 years, get married and apply my wife green card (F2A) and then come to the US with my wife.

    3) Before I left to India, I would have completed around 2.5 years living in the US with green card status.

    4) When I come back to US, will previous 2.5 years of my stay in the US as a GC holder stay active and live another 2.5 years and become eligible to apply for US citizen or counter resets and I have live another 5 years from start before I am eligible to apply for US citizenship?

    Thanks,
    Vijay
     
  6. arjung

    arjung Registered Users (C)

    5) From Form M-480 (Naturalization Eligibility Worksheet Instructions) page 4, Attachment C, suggests that filing “Application to Preserve Residence for Naturalization purposes” (Form N-470), if I permananent residence has taken trip out of united states that lasted for one year or more.
     
  7. Abhishek Khare

    Abhishek Khare New Member

    Hello Rajiv,

    I have a question about the visa extension and upcoming amendment for me. My current visa and I-94 expired on 28th July 2017. My employer has filed Visa extension on 5th July 2017, received an RFE on 14th Sept and I was asked to provide Client Letter, Expert Base letter and organization structure. The RFE response was received by USCIS on 15th Nov 2017 and I am still waiting to get the decision on case.

    My current project with client is getting over on 31st Jan 2018 and I am getting next project in a different location with different client. For which my employer is going to file Amendment. I want to know if my previous petition does not gets approved prior to submitting new Amendment request, will that cause any issues, since my I-94 is already expired and I am currently waiting for decision on extension petition.

    Also if I have to pay for premium processing to get decision quickly, then which should I expedite, pending renewal petition or Amendment petition going to be submitted. I have read couple of forums, which says once the amendment request is approved, it does not comes with the new I-94 and in that case, since you do not have a valid I-94, you have to travel out of US and get visa stamped and come back with new I-94 form. Is that true and is there a way to avoid it.

    Thanks for your time and valuable suggestion.
     
  8. Sunny_D

    Sunny_D New Member

    Question on H4 EAD

    Hi Rajiv, thanks for helping out with immigration/visa questions. I really appreciate the community service.

    I am on H1B visa (I140 approved in June, 2015) and my wife is on H1B (I140 approved in Aug, 2017). I have applied for H4 EAD though spouse's H1B visa in Nov, 2017 and EAD COS date requested as May 1st, 2018. Its currently in processing and is not approved yet.

    Recently DHS made an announcement that they will do away with H4 based EAD and have questions regarding it (assume that I stay with my current employer that holds my H1B Visa)

    1. My application includes H4 + Change of Status to EAD (both I-539 & I-765 applied). On approval of H4 EAD application, my status will automatically change from H1 to H4 EAD effective May 1st. If DHS decides to do away with H4 EAD, in that case will it become illegal for me to work for my current employer on H4 EAD status (even though it hold my current H1B)?

    2. Once H4 EAD is approved and I want to revert back to H1B (provided I am with same employer that holds H1B approval), can it be done from within USA or I will have to fly out of country and enter on H1B (currently I have H1B visa stamp on passport till July 2019).

    And if DHS does not do away with H4 EAD rule, will it be easy to switch back to H4 EAD from H1B in future once I already have H4 EAD approved (H4 EAD >> H1B >> H4 EAD)

    Thanks,
    Sunny
     
  9. garora

    garora New Member

    Hi Rajiv,


    I got my green card via eb2 in 2013 using cross-chargeability. After 18 months of marriage my first wife filed a divorce and we got divorced soon after.


    I remarried 3 months later and then 2nd wife filed divorced in 2016. Around 2 years after marriage.


    A year after divorce my second wife moved in with me (we are still divorced). She is on h1 visa.


    I plan to apply for us citizenship this month. I meet all other criteria’s (taxes, 5 year lpr, no criminal history and all). Do you see any problems with n-400 due to these failed marriages?


    If things go the way those are today and my ex-wife agrees than I plan to remarry and file her i-130. Do you fore see any prbs with that?


    Thanks

    Gagan.
     
  10. April Wilson

    April Wilson New Member

    Dear Sir,

    I worked with green card sponsoring employer, which is a consulting company, after eb2 GC approval.

    At the time of Natulalization what type of documents are enough to show the proof that I have worked for GC sponsoring “ IT consulting company” after GC approval?

    I have W2, pay stubs (with exact salary which was promised at the time of GC), Social security payment made by the employer , salary deposit bank statements and company offer letter as a proof that I worked for the GC employer(consulting company). Is this documents enough to show at the time of naturalization if asked about work history with employer who sponsored GC ? Is it important to have documents like client letter, contract SOW.

    Thank you very much for your time.
     
  11. Animesh

    Animesh New Member

    Dear Sir,

    My I-140 was approved in EB3 category while I was working as an architect in Ohio. Now I am getting an offer as Technical Project Manager from another company. Would you please let me know if I can use this offer to convert my filing into EB1 category? What if my current company does not provide experience letter? Any suggestion will be highly appreciated.

    Thank you so much for your recommendation.
    Animesh.
     
  12. Son123

    Son123 New Member

    Hello Rajiv,

    I got my green card as Derivative to a EB2 in Jan 2016. We were married for 15 months. My Husband filed for divorce and We got divorced in Oct 2016 .

    I remarried 5 months after the divorce in March 2017. I plan to file I-130 for my current husband ( He is on L1 visa) whom I know for 10 years. When I file his i-130 , Is there a chance USCIS will ask to prove if my previous marriage was bonafide . Due to the short marriage and him being Japanese (my family did not agree to it). We did not had a traditional wedding ,I do not have much proofs to prove if the marriage was real xpt for lease , joint taxes and few pics.


    Do you think there will be any issues when I go for my naturalization?





    Thanks
     
  13. suren.yelu

    suren.yelu New Member

    Hi Rajeev,
    I got my H1B approval from Employer A from oct 3 2016 to Oct 2 2019, but I changed the employer and got transferred to Employer B in Oct 2017 and it got approved till Sep 2018. But when transferring from Employer A to Employer B, I didn't applied for H4 status for my wife. Her H4 is still valid till Oct 2 2019 and she have H4 EAD valid till Oct 2 2019 and currently she is working under H4 ead status.
    And then in January Employer A revoked my H1b .

    1) Is my wife out of status now ?
    2) Do I need to apply for H4 for my wife now or wait till until the current H4 is expired (till Oct 2019) ?

    Thanks in advance.
     

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