April 10, 2008 call - Recording Available

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Travel while H1b pending, re entry on AP, Impact on pending H1b,I-140 and I-485 ???

Our situation
One year H1B / H-4 extension applied March 27 2008 and pending....
Current H1-B/H-4 visa will expire on April 30 2008…..
Current I-94 valid till April 30 2008.
I-140 applied June 2007 in EB3 and is still pending....
I-485 is also pending….Have valid AP/EAD till Nov 2008 we have not used the EAD yet….
H1-B applicant continues to work for the employer A ( past 6 years) and intends to work for the same employer after returning from the vacation outside USA.
Employer has not applied for extension of H1-B under Premium processing nor will do it……when the H1B is pending….to speed it up……
Never been out of status…., have all the H-1B visa stamps obtained at US consulates in India or Canada, state dept...…..1 three year stamp and 3 one year H1-b stamps……for same employer……H1-B application has never been denied in past…...

Our Plans
Myself on H1-B and wife on H-4 plans to travel to India during summer vacation.....which is traveling to outside USA anytime between June 20 2008 to Sept 1 2008……I plan to take vacation for 3 weeks and H-4 plans to travel for more then two months within this time period.
Our Assumptions
we assume that H-1b/ H-4 will be pending for some months and will only be approved either in between summer vacation or after the summer vacation is over.

Why are we asking the questions
1. We do not want to just go for a vacation by compromising out legal status or legal re entry to USA …..and without any negative impact to our ongoing H1B/ H-4, I-140 or I-485 process.
2. We need to firm up our air tickets in next few weeks as they will get very expensive during the peak season of summer…. and we need to plan out now …..seek vacation approval etc …buy air tickets etc…..

Our Questions

Q1.Do we need to wait to travel outside till the h1-b is approved or can we go and return back while the h1b is pending ?? I am not sure of the impact of returning back on a AP while the h-1b is still pending and not yet approved ? Is the impact of using AP to return back while H-1b extension is pending different for H1-B applicant and different for H-4 applicant ? We need to know if there are issue to travel for H1-B applicant but no issue for H-4 applicant as in that case…..we can book tickets only for the spouse ……

Q2. While H-B application is pending and I-140 is approved …can we ask our lawyers to change the H1B extension with USCIS so that we can now get a 3 year extension in place of one year…….the initial application is submitted asking one year extension.

Q3. Our current I-94 valid date is April 30 2008. If we leave USA after that date and will surrender our I-94 before leaving will that be considered leaving USA after illegal stay as our H-1B / H-4 is still pending and we will get an new I-94 after the approval only which is attached with approval of H1-B extension...? If we come back on AP then at that time will we be subjected to the fact that we left usa after the I-94 expired…..?and we will be denied entry even we have valid AP in Hand….? If we are allowed to enter on AP and then later H-1B extension is also approved along with I-94 attached then which I-94 is valid ? Form H-1B or one given at POE for AP ?

Q4. if it is possible to come back on AP while H1-B extension is pending can I re gain the H1-b status either when the extension is approved ( approval comes with a attached attached I-94) or if it is denied due to travel ....can a new H-1B extension be re applied ? to re gain H1-B status ...bottom line is that I wish to maintain H-1B status till I get the Green Crad in hand so it is critical to understand the impact of such travel out side USA on these pending application....till GC is issued....

Thanks in Advance ......
 
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Need some guidance USCIS FOIA

Hi Rajiv,

I need some guidance regarding FOIA.

I filed FOIA request with USCIS. I asked them send me a copy I-140 receipt and approval notice (I-797 form) because my employer refuse the share those documents.

They processed my FOIA request recently and send me I-140 application form sent by employer but not receipt and approval notice.

I send FOIA appeal to USCIS that request documents are not provided. Now appeal officer called me and telling they don't have requested document on my file. So she is asking me to close FOIA appeal and open new FOIA request once again and ask them send me copy of FULL file.


My questions are:

1) I need the copy of I-140 approval in case something bad happen and just to keep my proirity date. I-140 application form send by USCIS under FOIA request have received date, receipt #, approved date and priority date. Will I-140 application form be enough to prove my proiriry date or to file AC21 in case if I have to use it?

2) According to your experience, do the USCIS provides the copy of I-140 application form only if we request copy of I797 I-140 approval notice or they provide the copy of I-797 approval notice under FOIA request. What should I do if I need the copy of I-140 approval notice?

3) She was saying if you don't close this appeal then it will take time 9 to 10 months to process your appeal because we have too many appeal pending. So I am trying to understand how things work after I opened the appeal. Will it take that much time?

Thank you so much for your great service to community.
 
N400 - Sss

Dear Rajiv:

I am getting ready to file N400 on the 5 year residency basis. I am currently 32 approaching 33. I just found out that I was required to register with Selective Service when my case was pending i485 and I received my GC when I was 28. I had been on F1 most part of the 18-26 period except the time when we had filed i485 (25 yr old at the time) and INS cancelled my F-1 visa and gave me a new 'pending i485 status' (even though I did'nt travel outside the country to re-enter on the new status).

I am guessing 'pending i485 status' does fall under 'any status other than legal nonimmigrant' requirement to register. Correct?

I am allowed to file this month with the '5 year minus 3 months' filing requirement.

I spoke with SSS and they are willing to send me SIL but now that I am 32 and getting ready to file N400, do I have to wait month/s to receive the letter from SSS or may I submit my N400 with an attached note explaining that I had no knowledge of such requirement?

Thanks for your guidance !!
 
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Thanks for your service.

Currently working on A company. 140 got approved. it is over 9 month after 485 applied. planning to AC21 to new company B. But i didn't get my 140 approval receipt from company A. Is it necessary for me to have the 140 approval receipt for AC21 or any other purpose. Please confirm.

Thanks for your help for our community....
 
H1-b out of status + OPT application

Dear Rajiv,

Here is my situation:

- In Sep 2001 I entered US with F-1 (D/S)
- Oct 2006 COS to H-1b.
- I did not work due to export license delay.
- I applied for change of status back to F-1 on Nov 2006.
- COS was denied on March 15, 2007 because I wasn't paid.
- I Left the country on April 1. 2007
- I entered the country with F-1 status on June 30, 2007
- I have maintained my F-1 status since then.

Here are my questions:

1- I am applying for OPT and there is a question asking if I have ever applied for employment authorization from USCIS. Does my previous H1-b count as employment authorization? Should I say YES or NO?

2- Does the fact that I was out of status jeopardize my OPT and future green card applications? (I was in legal F-1 status since my last entry on June,2007)

Thanks a lot for your help,
Best,
greelion
 
H1 Transfer while extension pending

Rajiv,

We all appreciate your service.

My current status:
  • Currently on my 3rd year of H1B visa
  • H1B expiring April 20, 2008
  • I-94 expiring April 30, 2008

Questions:
  • If I want to transfer my H1, can do so as premium before my H1 expires and file extension immediately by new company? Do you see any issues or risks with this approach?
  • If I apply extension with my current company, at what point can I change company by transferring the H1?
  • Does USCIS has any cut off on when to transfer H1 when it is approaching the expiry date?

I do see some answers for these questions on the forum but they are not very consistent. I really hope you can clarify these questions.

Thanks a lot! Appreciate your response.
-SV
 
Can I postpone one I-485 in favor of another?

Hi Rajiv,

My asylum based I-485 (submitted July, 06) came to me requesting G-325A with my signature to be submitted before May-01.

Meanwhile, my DV 2008 will become current on May, which I prefer to do as it will give both my wife and I a chance to get GC together in next few months.

My wife's derivative asylum got granted only last year so she has not even started GC process yet.

Can we legally postpone my asylum based I-485 until September? What could be the consequeces?

Thanks,
Impauk
 
Rajiv,
We request your help & thanks in advance.

Here is my GC situation
EB3
Citizen of India
PD 12July2002
I-140 AD 31July2003
GC Interview date - 19Sept06 (San Antonio , TX Office)
GC Stamped on Passport on 17July2007
(Orginally filed in Nebraska Service Center)
At stamping, officer said GC should arrive in 3 weeks.
Took InfoPass after 70 days since GC didnt arrive.
Officer said GC is in processincg center for manufacturing/printing & we should receive it any day.
2nd infopass appointment again in Jan08 - officer said the same & that if we didnt receive card with before 17July08, we
can get passport re-stamped.

As of today still no GC.
Filed G-731 in March08.
It is always a problem to travel with just a stamp.

Online case status has not changed since mid 2006 & reads - "On June 23, 2006, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our CHICAGO, IL location for processing and sent you a notice explaining this action."

What do we do to expidite the process?

Thanks in advance for response.
 
Hello ,

Thanks for this amazing forum

My query is not big.

my wife is a canadian citizen and living with me in UAE from the time we got married (17th feb 2007) the we got married.

I have a residence visa of UAE and Passport of Pakistan.
My Qyestions are :

1) Can she sponsor me while living in UAE?
2) She is expecting and due in September and planning to go to canada in June, Can she go over there and sponsor me .. Which option is better? (point 1 or 2, if possible)
3) Can I apply for a visit Visa , at the same time she has applied for my sponsorship (from Canada Or from here)?

Whats the best solution?
 
Dv Lottery And Unlawful Presence

Hello Rajiv,
I am a US citizen and my partner (Europe region) came to the USA on an F-1 student visa in 1989. The I-94 has been lost however she (we are a same-sex couple) is still in possession of the original I-20 which is stamped by immigration with Admitted F-1 D/S.
She filed an asylum claim in 2001 and various attorneys advise it would go nowhere due to the one-year deadline so in 2004 we both came to Canada by land border and filed for asylum here. She was approved. The diversity lottery is her only chance of returning to the USA. We have told that a student with prove of D/S does not accumulate unlawful presence. I am just wondering if the I-20 will work instead of the I-94. The passport has prove of entry into Canada and the US attorney withdrew the asylum claim there and thus this would prove the date of departure. Any advise if the I-20 will be sufficient?
 
H1 Transfer related

Hi Rajiv,

I have a query on H1 Transfer.

I decided to transfer my H1B to a different employer. So my query is that once the transfer gets approved can I choose between staying with my current employer and new employer or joining the new employer is absolutely mandatory for me now since the transfer has been approved.

Thanks!
 
On H1B and part of company getting divested

Hi Rajiv,

I am on H1B and part of my company is getting divested. I am part of the group that is getting divested and it is not yet clear who will take over the group.

My queries are:

1. My current company had said (at the time of my joining which was a month ago) that they would apply for my green card, but since I am part of divested group they are not willing to apply it now. What are my options here and how can I ensure that the divested group (with the new company who takes over the group) applies for my GC?

2. What things should I take care while the group is getting divested (things like how can I ensure my salary does not get impacted, my job title etc.). I understand that this is generic question but I will appreciate any things you can tell which will not affect me negatively after the divestment.

Thanks a lot in advance!
 
J1 visa waiver form DS-3035 Query

Hi Rajiv

I have a peculiar question for which a background is given below.
I am on J1 since June 2006 uptil June 2009. I had lost my passport with I-94, DS-2019 in August 2007. I got a new passport from the indian embassy (washington DC) and a new DS-2019. I still donot have a I-94 neither its copy. I have copy of all the pages of my lost passport with me alongwith the copy of my last I-94 issued to me when i came to US 1st time in June 2006. This copy was taken in the month of March 2006. After that i travelled to India in June 2007 and returned in July 2007. Hence a new I-94 was issued. I donot have copy of this latest I-94.

Question : I am applying for J1 2year home residency waiver. The USCIS form DS-3035 required for this waiver asks for my I-94 number. Kindly advice whether i can apply for waiver without the I-94 number or do i have to apply for a new I-94 before filling and sending this form to USCIS.Further do i need to get my new passport stamped with J1 visa again for waiver.
 
Question on L2

Hi Rajeev,

Question i have is ,

i am on L1B and my spouse is on L2 with valid EAD to work in US, and son has L2.my spouse soon will start working on EAD,
Now query is if I go back to india for say 6 months can my spouse and kid stay back in US since they have valid I-94 for another 2 Years ( As long as they dont exit out of US) ?


Thanks,
Basav
 
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Citizenship

My question is about applying for citizenship.

I am married to an American citizen, and have been a GC holder since August 10, 2005. By my calculation, I would normally be able to apply in May (90 days prior to 3-year fulfillment). However, on October 10, 2007, I left the country to accompany my husband on his job assignment in London, UK. He is with a German company Deutsche Bank. I am not working, and am staying at home taking care of our 8 months old daughter.

Is there any way I can apply for citizenship? I pass all the requirements, except the 3 months time in District or State rule. Also, post-application, I would not be able to wait for a decision in the US. I have been maintaining a mailing address with my in-laws in Washington DC for bank account purposes etc, but I am not able to be physically present in US because that would cause our family to separate for too long. Our intention is to live in UK temporarily, and return to the US within the next few years, however my husband’s contract is open-ended.

Thank you!
 
Hi Rajeev,

I have a small question for you. I have applied for my I-140 and from my college for a research job. I wanted to know when will it be safe for me to leave the job and get into residency? my employer has promised me that they will not withdraw my I-140 petition.
 
Hello Mr.Rajiv,
I with my family (wife & 2 kids) visited USA in 2006 to my sister and got the Green card for my family.I also got registered in Social security and got the social security card for all of us.I than left USA in July 2006 with a re-entry permit for 2 years.My problem is that the 2 years extention time is going to expire very soon and I am still not prepared to leave India due to some business & family problems,but I still want to maintain my green card status for another 2 years or so....Can I apply for re-entry permit for me and family from India ? Would it be necessary to visit USA again to attain re-entry permit ?
 
TN-1 related Questions

I have following questions:

1. Can I start a business on TN-1? if not then can I represent a Canadian Company in US while on TN-1?

2. How long does it take for a non canadian spouse to get a TD visa? Can the spouse work on that visa?

thanks
 
Multiple H1 transfers at a time

Hi Rajeev

I'm working with company A. I got an offer from company B and accepted that. B filed H1 transfer (not approved yet) and I'm still working with A. But meanwhile, I got another offer from company C, which I feel is very good and want to go with that. So I accepted the offer from C. Now C is about to file H1 transfer.
1. Are there any legal/immigration problems with this situation.
2. Will both of the petitions be approved?
3. Is it required to inform C about the h1 transfer filing by B and pending approval.
Any suggestions are greatly appreciated.

Thank you for the advice.
 
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