April 29 Conference Call - RECORDING AVAILABLE for download

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monica1

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The recording for April 29 call is available for download. http://www.immigration.com/free-community-conference-calls

NEXT CALL
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Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
NEXT CALL Date: May 13, 10
Conference Access Number: 402-237-5412

Conference Passcode: 552855

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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NAME CHANGE plzzz
I passed my NC intereview and test on March 4, 2010. I checked name change request box. Am still waiting for NC approval. I haven't get anthing yet. How long name change will take to be approved? Will they check my background such as credit report etc....? What should I do now?
 
Hello Rajiv

Your web site really of great help for people like me. I appreciate all your help to community.

I am currently working on EAD since Apr-09( I did not renew my H1) - My priority date is: January- 2007.
My company XYZ which filed for my GC is took-over by another management ABC. They are still operating with under same name XYZ.
Can you help me understand: What are the risks for me In case :
1) ABC decides to dissolve/ sell XYZ to another company or even Close
2) Can I wait until I notice something with the company then I decide my next step ?
Or its better to be proactive ( many employees are not comfortable with the way they are working)

Thank you very much in advance for all your help.
Warm Regards
 
EAD to H1

If for some reason if i have to move from EAD to H1 (currently on EAD, H1 expired). Can i go for H1 with the same co or diff co from EAD by just applying for H1 being in the US or after applying , have i to leave the country and get a stamp....if i can be in the US while H1 processing, will i get my I 94 for that period??

Also if i have to leave the country till i get my approval. can i return to the US without H1 stamp and travel on AP??

Appreciate your help as always
 
the Inadmissibility in some asylee adjustment cases

Hello Mr Rajiv,
I have been waiting for my GC through Asylum based AOS since 2004, with no end on sight:
-2004 submitted the application to NSC.
- 2005 did my medical check.
- 2007 redid my medical check.
- 2009 my file transfered to DC the reason:case is undergoing an “extended review”.
- 03/2010 USCIS transferred my case from DC back to the Nebraska Service Center.
According to my Lawyer,USCIS is telling him that my case will continue to be on hold due to evidence that I am inadmissible. USCIS is waiting for authority to be able to waive the inadmissibility in many asylee adjustment cases. Until then, they are holding them.USCIS has no statutory time limit on deciding an adjustment of status application.
According to my lawyer too:. The Nebraska Service Center is holding many asylee adjustment cases where there may be an issue of inadmissibility due to material support of a tier III terrorist organization. very few of the cases actually have the issue of material support but the officers are looking at where people are from (like Ethiopia and Algeria) and are placing the cases on hold for inadmissibility for giving material support.
so my lawyer sees the options at this point are waiting until USCIS gets authority to waive this ground of inadmissibility from the Secretary of Department of Homeland Security or file a mandamus lawsuit.
Anyone who can advice me what to do would be very gratefull; I am inclined to the mandamus lawsuit, but I am afraid of repercautions if it backfires on me. any suggestions please??
Thank you
 
Hello Mr Rajiv,
I have a US valid green card. My husband is US citizen. I have two kids from a previous marriage. My husband is not the biological father of my kids. One kid a US valid green card.
The second kid has an overstayed status in the US and is 23 years old, never had a green card. She entered legally in the US with a visa.
Can I sponsor my second child under the family based sponsorship for a green card with my current status (green card holder) despite her overstayed status or should I wait until I pass the US citizenship ? It seems that the sponsorship from a green card folder take much longer to process .
Thank you
 
I am a consultant working on EAD( I-140 approved, 180 days over).
Considering to change to a company which is owned by my family member( registred on single individual name who bears same last name / family name as my self)

- Can I switch to this company(Work on thier W2 for consulting positions with other clients)?
I heard there is some kith and kin rule - which may effect my GC process(started by a my current company) if I join a company owned by my family member.

- What are the risk involved and how can I mitigate them?
- I understand I need to file AC-21. Are there any additional formalities needed?

Thanks for your suggestions.
 
I have listened to your last week talk (Apr 15 2010) about the difference between I140 priority date porting and AC21 porting. You mentioned that after I140 is approved, priority date becomes my property. Even if the I140 is withdrawn by the employer, it can still be used in the new I140 filing.

In one of the memorandum (William R. Yates, Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions), the question and answer about the I140 porting says different. I am not able to post the link here. But the question and answer is

Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.

My situation is:-

I140 is approved in EB3 category.
I485 not filed yet.
As soon as I resign from my employer, the I140 is most likely be withdrawn.

My question is, how can we make the priority date to be used successfully for porting when new I140 is filed? Is there anything special needs to be done by the lawyer who files new labor/I140 to make use of the priority date of revoked I140.

Thank you for your response.
 
Hello Mr.Rajiv,

I am a Green Card Holder since August 2005, applying for naturalization this month. I have 31 months of physical presence in the USA, and I have travelling to and fro from India with no single trip exceeding 5 months, during my time there I have been pursuing a medical education with the intent to practice in the USA after my education. Will the immigration official find a problem with this, my question is, if so how to convince the officer.

Thank you for any suggestions
 
under the table job?

Hello, I have a question on behalf of a friend. He is a condition resident and will soon be applying to lift the conditions on his greencard. He has been unable to find a job. I wanna know if it's okay for him to accept an under the table job and deposit that money into his spouse's account. Not sure if that's legal to do. He'd really like to accept this offer because money is really constrained for them right now. Would that be a problem when they file to lift the conditions on his greencard? Thank you.
 
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NOID - I-140
My PERM got approved with EB2 ( Masters + 2yrs exp).
My education is 3 yrs Diploma(Mechanical) + 3Yrs B.Tech (Mechanical) + 1.5 yrs M.Tech(Materials). I did all my education in INDIA.
I have total of 9 yrs experience at time of PERM filing.
Out of 9 yrs experience, I have 7 yrs experience with my previous employer.
Now I got NOID, it is saying that 3 yrs B.Tech is not equvalent to US Bachelors degree.
Inspite of my attorney already submitted the education evaluation, USCIS issued NOID. Now what are my options? Please advise.

Thanks
SK2008
 
Hello Mr. Rajiv,
I am on H1B Visa since 2007. For the past one month my employer has placed me on part time as work being slow. I have worked only few hours this week and my boss says he cannot promise me any number of hours per week. I would like to know my options.
1. Do I need to quit my job since it is not full time anymore. How long is the grace period before I can find another job if I quit.
2. Do I need to apply for change of status. I have got admission in a community college for summer. The date on the I20 starts from May 25. How long can I wait before I send in my application as I might get another job. My paystubs are good till April 16. I am gonna receive one paystub on april 30 but has very few hours in it.
3. If I get a job during the process of change of status to F1, will I be approved of H1 again?

Thank you
 
Hi Rajiv I am seeking for help to find out what are my options to return back to US and get my GC; below are the my details.



I went to USA in year 2001 on H1B visa from (Software Technology Group, Portland, OR) and continued working in US till 2008 my company applied GC for me in year 2003 and in year 2007 my I-140 got approved and I485 was pending, and is current for a long time. I got two RFE from USCIS last year which I already submitted to USCIS one was Birth certificate of my wife and second was letter from Software Technology Group about their intensions to permanently employ me on mentioned salary once I obtain GC.



In year 2007 when I was in US, I got EAD approved and got some travel documents approved to travel in and out of US while my I-485 is pending. Unfortunately I have to return back to India due to some family emergencies and to help my parents. While I was stabilising my family situations I decided to work in India for a while. Now things are better and under control, therefore I can go back to US and start again. But I am not sure what my options are since my EAD and travel documents are already expired. My I485 is still pending I am not sure will I get GC or not? I been checking online case status on USCIS website, but I guess it’s not been updated for a long time till now and stills shows RFE status message.

I called USCIS last year to confirm if they have received my RFE documents, they said they did but no officer has been assigned to my case and asked me to check back after 60 days. But I guess it’s still the same since I don’t see any updates happening on my USCIS online case status till now.

Can you please give me your valuable advice on my case?







Regards

Anand Sharma
 
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I-140 and priority date

Hello Rajivji,

I have a question about I-140 and priority date. Assume that my I-140 is approved and change my company and again started my labour and in process . In the mean time if PD becomes current( assume my labour not cleared with new company) what are my options. With in how many days we have to file for I-485 when priority date becomes current.

Thank you so much for your valuable suggestions.
 
Hello Rajiv,

I and My wife have pending I-485 (with mine as the primary). My wife is already using her EAD and I am still on H1B.
My Daughter was born in India and at the time of filing I-485 she was in India, so we could not file I-485 for her. My daughter is currently on H4.

1) When can I file her I-485 (Adding on GC) and what is the procedure
2) What are my options if I want go for a full time position using my EAD (which will abadone my H1B status) without affecting my daughter's legal status

My priority date is 2006 OCtober(EB2)


Thanks,
Kiran.
 
I got an offer from Company X which I accept but still kept purusing on other opportunities. I have now have a better offer in terms of pay, proximity and work from company Y.
But I already signed a promissory note with Company X that stated a 1 yr contract and a fine of $4500 (paid to me as a bonus but directly to the immigration attorney for filing my H1b). I have however not submitted my documents and hence my H1B is not filed yet(by company X). I now plan to let company X know that I intend to join company Y. Are there any concerns that I will have with respect to the promissory note I signed? I am attaching the model of that promissory note. I appreciate your help.

"X Company EMPLOYMENT PROMISSORY NOTE H1B VISA TRANSFER"

_____________________________________________________________________________
Name Position

_____________________________________________________________________________________
Address City State Zip

_____________________________________________________________________________________
Social Security Number Home Phone

You will receive an employment bonus of up to total of $4500.00 gross – for H1b transfer processing on your behalf and to your benefit – payable directly to the approved immigration attorney (this does not cover any expenses related to your dependants).

It is understood and agreed that eligibility for the retention of any of this employment bonus is contingent upon satisfaction of the following conditions for twelve months following the signing of this agreement and that a failure to meet and satisfy any of these conditions during that period will require you to immediately repay 100% of the employment bonus monies paid: your continued and active full-time employment with X Company, Inc. (X) in the position for which hired, you do not resign and are not terminated from X, you do not initiate a transfer to another location within X, your license is not revoked or not renewed, and you do not initiate a reduction in your schedule to less than full-time.

Unless prohibited by State law, this repayment will be deducted from your final pay and expense checks to the extent that the repayment deductions do to result in wages being reduced to less than any applicable and legally required minimum wage and overtime obligations for all hours worked in the pay cycle. Any remaining balance will be due and payable in full upon separation of employment. Associate further agrees to reimburse Company or any costs and attorney fees it incurs in collecting the unpaid balance.

______________________________________ _________________
Name of Employee Date

______________________________________
Signature of Employee

______________________________________ ___________________
Manager Date

______________________________________
M Signature
 
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Hi Rajiv,

My partner has just received a letter from KCC advising her of a win. When she applied for the lottery, she stated that I was her spouse although we are not yet married. She also added our 2yr old son. I was married before but now separated from mother my of daughter, all living in another country. In her application, she did not mention my daughter from my first marriage. Can we now add her on the family member form as an additional family member, although she is not migrating with us now, may be later? Also, what are our chances of a successful interview if we are not yet married but living together since 2006? Is it required that I completely separate/divorce from first marriage before interview and also get my daughter custody order from court be before the interview OR should I do all this before sending any documents to KCC?
Pls help, many thanks in advance for all this and hope to get a detailed response from you.
 
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