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Citizenship Application


Hello Rajiv:

Thanks for your community support.

Can you please answer my following query:

I am an Indian citizen . I got my green card around august 2003. It is going to complete 5 years now.
Following are my set of questions.

I work in a multinational company and they started a project in India during 2004. I'm
responsbile for execution of the project.
I'm working with the same company employed by US office. During the execution
i made lot of business trips in 2004, 2005,2006 and in 2007.

Each year i used to make around 5 to 6 business trips on an average and during
each trip i stayed there in india between 2~8 weeks stay (maximum).

If you count number of days in 2004 - i stayed close to 190 ~ 220 days in India
(but I didn't stay continuously more than 6 months.
I stayed only maximum of 5 to 6 weeks each time)

I completed the physical and continuous presence of more than 950 days now in
USA (approxmiately 960 days in last five years) (i.e. More than half of the period of 5 years )

will this create a problem for Citizenship filing? Can I apply for Citizenship
after completing the 5 years (or 90 days before completing the 5 years)?

If I file for citizenship in May can i travel to india in june and stay there for 1 month and comeback in july.

Thanks and Regards
R
 
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Travel Plan to Indian when Husband is a GC holder and me a L1 Visa holder

Dear Rajiv,

Thanks for providing such a community service.
Can you please answer my following question

I'm working in L1 visa in USA through a well known indian software company. My L1 is
still valid (till nov 2009) and I am still working in USA with the same company.

I got my L1 before my marriage, and I am married to a green card holder. I came to US after marriage and we are living in USA since then. Though we live in different states because of our office location, We have filed our tax papers properly
together.

1) Now I want to go to india to attend my relative's wedding, Can I go and come back
with my L1 visa? Can me and my husband travel together. Can we come back together in the same flight. If so will there be any issues while entering US at the port of entry.

2) Since my husband has completed 5 years, he may file for citizenship in a months time. Should
I go to India after he files for citizen ship or should i have to wait till he completely
becomes citizen?

3) If we go after he files for citizenship, and if we are returning in the same flight, in the immigration form (given in the flight), can we mention that we are travelling together.

4) If so can we mention that my husband is a GC holder applied for citizenship and me a L1 visa holder. Will this have problems in both of us entering into US.
5) Will there be a problem if we come in different flights.

Thanks
KT
 
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Backdating GCs delayed due to Namecheck

Rajiv:

Do you think there is any merit in a class action or individual law suits to backdate GCs which were delayed by two or more years due to namecheck.

I am raising this query especially in the light of Pennsylvania judge's ruling that namecheck wasn't required by law. Also, some of the posters on this forum have raised some interesting legal ideas. See thread...
http://www.immigrationportal.com/showthread.php?t=276956

Most of the applicants whose namechecks were delayed by multiple years have lost time for naturalization, despite being law abiding, tax paying residents of US for years (often > 5 yrs for EB applicants)

What is your opinion??

Thanks,
EB1OR@NSC
 
Validity of H4 after spouse I-485 is approved.

Rajiv,
First thanks for all the service you are doing for immigration community.

Here is my case
I got married and came to USA on June 2004 on H4 visa.
While my husband was bachelor he filed his I-485. At the time of our marriage my husband I-485 is under processing. Soon after I came to USA (August 2004) I filled by I-485, EAD & AP as Derivative.

My husband I-485 is approved and he got his green card on May 2005. From then he is on Permanent Resident status. But my 485 is not approved and still pending till current day.

I and my husband went to India and returned back to USA on June 2006. The immigration officer at Port of Entry admitted my Husband into USA on green card status. But the officer admitted me on H4 status saying, my H4 visa is stamped in passport and valid even though I gave him my Advance Parole. He stamped on I-94 as admittance class = H4. until August 2006.

Questions:
1) Am I authorized to enter USA under H4 class when my Husband is with green Card status at that time even though my H4 visa in passport is not expired?

2) Is it legal admittance?

3) At present I have valid EAD and haven’t got Advance Parole with I-485 pending. Am I legally present in US right now?

4) If I want to renew my present EAD, is it true that I can’t file renew application before 120 days of my current EAD expiration date?
 
H4 to H1 conversion and I94 expiring.

Hello Rajiv:

Thanks for your community support.

Can you please answer my following query:

I am on H4 visa and currently in US. My I94 expires on Jul 12th 2008. I have the H4 permit until Jan 2009. My employer has filed for conversion of status from H4 to H1 in Apr 2008. I believe I will have to file for I94 extension by May 27th.
After applying for extension I am not planning to go to India.

My questions are

- Can I extend my I94 while my COS to H1 in progress(which was filed using current I94).
- If my H1 is approved after I extend my I94, do I have to go to India before 1st October 2008 to use the H1.
- Would you advice me to upgrade my H1 to premium to be safe? or Is there any other option available which would help me avoid going to India .

Thanks
Teja
 
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H4-H1-F1 – Tricky situation.

Dear Rajiv,
I want to sincerely thank you for the service you are doing to the community.
Here is my case:
I am currently on H4 Visa and my prospective employer has applied for a change of status from H4 to H1 in April of 2008.
I have an offer for a full-time masters program (starting Aug 2008)from a good school with merit based aid.
My questions are:
1. Can I stay on H4/H1 visa and be a full-time student of the college and use the aid, as my aid is Merit-based Aid and not a Teaching or Research assistantship.
2. If I have to convert to F1 visa because of school’s regulations, Can I file for the conversion of status from H4 to F1 status while my other conversion from H4 to H1 is in progress?
3. If I convert to F1 before October 1st, After completion of masters, will I be able to use my approved H1(Not subject to cap at that time). What are the strategies NOT to loose my H1 and pursue my education as getting a H1 is increasingly competitive(I will be needing a H1 even after completing my masters).

Thank you,
Radha.
 
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How long an employee MUST work for sponsor employer after AOS approval?

Dear Rajiv,
Thank you for sharing your expertise.

1. There seems to be some confusion around how long an EB applicant needs to work for the sponsor company after the AOS(Adjustment of Status) approval. Assuming the following:
  • The employee was working for the sponsoring employer from the time of applying labor certification through the submission of I485 application and thereafter.

2. Can this be construed as not having good faith intention to work for the sponsor employer at the time of Naturalization if the employee leaves (within 1 to 6 months) the employer after AOS approval?

3. Hasn't the employee and employer demonstrated that a good faith intention to work together existed by employing him/her for at least 180 days. For example, in a case where the AOS applicant worked for the sponsor employer for three years(essentially more than 180 days) after applying for I485, could he/she leave and join another employer in similar job after getting GC?

3.a Doesn't "Sense of Congress" weigh in favor of an AOS applicant who fits the scenario described above?

"It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.."

Please enlighten us on the subject.
 
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I-20 extension with 485 pending

Hello Rajiv,

I have filed my 485 along with EAD and AP through my wife's 485 with reciept date 1/29/2008. I am currrently on F1 visa. The stamp on my passport is valid for another 4 years but my I-20 will expire on 5/31/2008. I was told by school that I need to renew my I-20 30 days prior to expiration.

I am currently earning wages as a research assitant (RA) in University. As far as I understand, i can only do RA if I have a valid F1 or EAD card. Since my EAD is not approved yet, I have scheduled an info pass on 4/28/2008, 90 days after my EAD application.

My questions are:

1. Since it is very likely that I wont get EAD before my I-20 expires, I will probably go ahead file I20 extension for another year. Will my I-20 extention application affect my pending I 485 ?

2. With my pending 485, does my I20 extension have any chance to be approved?

3. Other than info pass, is there any other way to facilicate the approval of EAD?

4. Any suggestion other than passport, reciepts I need to bring for my info pass appointment?

Thank you very much
 
Husband married me Only for Green Card

Hi Mr. Rajiv,

I married this guy, filed for him to get his GC. He had the conditional GC. To be brief, after he got his GC, he started treating me differently, really bad, just like that in a blink of an eye he went cold, completely changed. He started cheating on me with many different women, etc.
Later come to find out he only married me just for the GC. When the expiration date of his conditional GC was approaching he sent me a divorce petition. I hired a lawyer to contest the divorce because I want to have him deported.
I thought by not letting him have the divorce papers he would not be able to file to get his permanent GC, but he filed the I- 751 anyway and now he's just waiting to be approved. In the meantime his GC is extended 1 yr I think.
This is not fair. I know there are laws to protect people who might get abused from the US Citizen, but what's there to protect us from users such as this one who took advantage of a good person.

He went to see a psychologist who does evaluation for immigration and he wrote a report for him ( I don't know what's it about). I guess he's doing everything he can to be able to stay in this country. What do you think the report is for? and what chance does it give him before immgration.

We did not file taxes together. We only have a car insurance, medical insurance and a bank account under both name(a bank acct with no money and which we don't really use). Obvioulsy he needed something under both name to show that it was a real marriage. We live in two different states. We would just go visit each other. We never got to live together (because after we got married, we had plans to move in together at a later date, but he kept postponing that). Now it's obvious why.

That guy ruined my life. This cannot go unpunished.

Will he get approved even without the divorce being final?

Does he have a chance of getting approved at all?

Is there something I can do to make sure he will be deported?

Also I wanted to start an annulment proceeding, wouldn't that be better instead of a divorce?

I'd appreciate very much your help.

thank you
 
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Is it mandatory to have AP even though there are no travel plans

I came to US on H4 visa. I filed my I-485 as derivate spouse. My spouse got Green card approval 2 years back. Mine is still pending. After expiry of my first Advance Parole, I haven’t filed for renewal/new Advance Parole. My H4 visa also expired a year back. I started working from 6 months on my EAD. I am not having any other visa except Pending I-485 Adjustment of Status and EAD.

My Questions are:

1) Am I still under legal status to stay in USA since I don’t have approved Advance Parole and H4 is expired?

2) Is approved Advance parole compulsory in my case even though I don’t have plans to travel abroad?

3) Since the primary I-485 is approved 2 years back, what are the chances for denial of my derivative I-485?

4) Will I be deported if my I-485 is denied? Can I still stay in USA and appeal if my 485 is denied?

5) With H1B cap closed what other alternative visa backup options do I have while I work on EAD?
 
Receipt Notice Error

Hello,

I am a US Citizen. I got married in November 2007 in India. I came back to US in December and I field I-130 for my wife who is in India. I sent the I-130 application to Chicago lockbox on December 11, 2007. Chicago lockbox received the I-130 on December 12, 2007 since I overnight it.

There is an typo in receipt notice. Received Date: September 24, 2007. Notice Date: January 03, 2008. I called USCIS in February 28, 2008 to report this problem. They said to check back after 45 days. I called today to USCIS few times and I am getting different answers everytime.
First Customer Service lady said I need to make an Infopass appt at my local office. Second Customer Service lady said I need to wait 60 days if I want to report the problem over the phone again or I can write a letter include proof to Vermont Service Center.

1) Please suggest what should I do?
2) Just wait until the case is processed and see if I get approved?
3) Will the case get denied for this?

Thanks
 
Want to use EAD but what is fall back option

Hello Rajiv - I appreciate your efforts to help the community.

Question - I have approved I 140 and I 485 is pending over 280 days. I want to move to a new job using EAD as new employer wont sponsor h1b. My old employer has my h1b peition extension filed (so it will be valid till Sep 2011)

Now if after joining new employer on EAD I want to move back to h1b can I do it or not?

If I can do move back to h1b status Can I go back to my old employer who already has a petition approved till Sep 2011 ? or I will have to file a fresh h1b (which will come under Quota) and will have to go out of USA if my 485 is denied for any reason (AC 21 issue)?
 
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Hi, Rajiv,

We are trying to come up with some explanation in regard to our I-140 case, maybe you can think of something.

We filled I-140 and I-485 in Nebraska center and after case was processed they requested additional evidence in a form of expirience letter and company's tax returns. After receiving the documents week later we've been notified that they resumed the case processing. It took them 3 months to send us this notice: "We transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our NEW YORK, NY location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. " without any decision so far.
A few years back my husband had to go thru Special registration and till today he's in Removal proceding. Meanwhile, to buy ourselves more time our judge suggested to file assylum case, which we did.
So, now, our attorney says that I-140 is type of case that not supposed to be transferred. Nebraska didn't deny the case. And also, at the end of last year my husband got his EAD and presently work for the company.

So, do you think it a good sign or not? Do you think that Nebraska could not make a decision because of my husband's litigation case or is there something else?

Thanks
 
Hi Rajiv,

Thank for volunteering your efforts to help those who need help with immigration related issues.
I am a F-1 student on my third year. Initially my studies where supposed to last 4 years but I ended switching majors, it is going to be five total but a new I-20 was printed indicating correct date for end of studies and the stamp on my I-94 says "D/S" duration of stay.
Also, going through difficult financial situation I applied for EAD economic hardship which I received last october. My questions are:
1) Do I have anything to worry about as far as the new date on my I-20?
2) I need to renew my EAD for me to be able to keep working. How many times can I renew it under F-1 economic hardship?
3) In my application for renewal of EAD should I include my previous application and all evidence from my previous application? Will a letter from my sponsor be enough as well as proof of my assets and everything that I owe/earn and spend?
4) My sponsor was suddenly terminated from his job therefore no more financial resources until now, what do you suggest I should include in my application?
Thank you for your help
 
COS to F1

Dear Sir

I have applied for change of status from B1/B2 to F1. My question is that

1)If I get COS to F1, but I am unable to join the university because of delayed approval of my application then where do I stand. I guess my F1 status cannot be valid if I cannot join the school, if so, can I join a Kaplan course to maintain my status for a time being and then switch to the same university next year.

2)If I defer my admission before the joining date whiles my COS application is pending. Can I stay here until the application is adjudicated and then switch to a Kaplan course once I get F1 status. I would have stayed past my B1/B2 I-94 period.
 
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Legal contraints - accepting 2 Offers and work for one company

Hi Rajiv,
I'm here on H1 and i was layed off and later accepted offers from two companies and given my H1 documents for transfer to both of them. Joined company A and working with them after my H1 transfered. But Company B law firm has delayed the process ( Documents laying with them since 3 weeks ). But recruiter of company B is litterally threading me that i should join them. Just wanted to know, can company B take any legal proceeding on me since i have accepted offer but not joining them.
Thank you very much for your response.

Rgds
Kiran
 
Will son’s earlier approval of green card than mine be a problem in N400?

My son was granted permanent residency 3 months before me. Will this be a problem in his citizenship application interview? What’s your suggestion if there is a legal issue here?

My sons, my wife and I submitted I-485 together in 2001, and I was the principal applicant of the family. The whole process I went through included OPT, H1B, I-140 EB-1, and I-485.

INS granted my older son (then 16 years old) permanent residency in 10/2002, while my wife, younger son and I were interviewed and granted permanent residency three months later in 1/2003. At the interview, I brought up the issue of my older son’s early approval of green card before me to the interview officer, but the officer told me there was nothing they (INS) can do about it, so I did not chase further.

My older son (now 22 years old) applied N400 in 7/2007 and I applied in 10/2007. His interview is coming up in two weeks in early May, and I worry if his earlier approval than mine would become a thorny issue in his application.
 
Hi Rajiv
I have been employed with a big company for 8 years now since I finished my masters degree in electrical engineering. My labor was filed on March 15 2006 for a software engineer role and was approved. I-140 was approved soon after.

I transitioned recently to a corporate development analyst role with the mergers and acquisition group within the company (I am close to finishing my MBA and hence managed to get this job). Now they want to re-file my labor because I am not a software engineer anymore. Further, they are saying that it is difficult to file a labor certification for this role with just my master's degree (since all my experience after graduation has been with this big company only). Is this true?

Further they indicated that the skills required for the new job (quantitative analysis, business case analysis etc) are not something I can show as acquired during my masters degree in electrical engineering. Are they right?

Finally, I developed a software package (while I was an engineer) on my own initiative (developed it from concept to implementation). I did quantitative analysis, business case development etc during this time. The lawyers are saying that they can use this experience (even though it is with the same company) to note that I have the necessary skills. My previous manager is ready to give a letter stating the same. Is this possible?
Can you please suggest what I should do now. I am very interested in the new job and do not want to lose it. Your advice is most appreciated.
 
H4/H1B questions

Hi Rajiv,

Thank you very much for your valuable time.

I have some questions with regards to my wife’s immigration status. She was previously on H-4 visa (valid till December 2008). A company applied for her H-1, and got approval to begin work from October 2007. She could not work for that company(she did not work at all). Now she wants to transfer back to H-4 status. Is she out of status now? If so can you please let me know how to correct it?

- If she just goes out of US (say Mexico) and reenters US with H4 visa, will she be in status?
- Or does she have to goto home country and get a new H4 visa?

Thank you very much.
 
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