Aug 21 Call - Recording now available

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Dane

Registered Users (C)
#2
Dear Rajiv,

Thank you very much for the service you are doing. We are always greatful to you. Though pay and benefits are not good, I have accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007, with an agreement that I work for them minimum 12 months. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I got a better opportunity . When I discussed with my current employer HR, they said they did not get enough money on me and they are threatening to file to USICS through the attorney to withdraw GC files processing unless I work with them till I get my GC. Is that possible for them to withdraw like that? Does that effect my GC process in negative way? What I have to do in case they withdraw? Is it possible to re-start the whole GC process again in case ? When do we file this AC 21? By the time I file AC 21, if the present employer withdraws the GC files, what happens to my case?
How do we know whether they have withgrawn GC process or not? Please answer these. Thank you.
 
#3
Hi,

This is regarding my Greencard.

I got my welcome notice on May 7th 2008 and my card has been mailed on May 10th 2008 to my office address. But I did not recieve my card and I had called the USCIS to verify the same. They said that the the card has not returned undelivered. After confirming with my company that they haven't recieved it, I filed a I-90 under category B (B- My authorized card was never received) and on July 01 2008 my I-90 has been delivered to the Texas Service center(I had tracked it). But I did not recieve any reciept till now.

Meanwhile, I scheduled an appointment for Infopass and I went to local office 3 days back to get my passport stamped but they told me that I should have my I-90 receipt number to get the passport stamped. I am not sure if that is the right procedure. In addition, she advised me to file in category A and not in B.

A- My card was lost, stolen or destroyed.
B- My authorized card was never received

I am not sure why I should file I90 again with option A when I never recieved my card. What should I do now?
 

sa_mathur@yahoo

Registered Users (C)
#4
Hi Rajiv,

Thanks for your help, I am presently on H1B soon loosing my job.I have already applied for H4B (based on my spouse H1B).My current employer will revoke my H1B.I have approved I-140 (NIW) and I plan to file counsular processing.(i am a physician working in research)

My questions are

1) What are the immediate and future consequence of revoking H1B.

2) My employer is willing to pay me one way back to my country should i accept it.

3) can you tell us about Atorney certified I-140. Thanks
 

gc_bulgaria

Registered Users (C)
#5
Random Processing

Hi Rajiv,

My case is at TSC and has been current under ROW since I applied last year. However I see cases that were received much later being processed and approved (as per trackitt.com data). It seems to be all so random! I have already paid for EAD renewals and my company for H1 renewal but I dont see any progress in my case.

The call center do not give ANY information - however once I got lucky and spoke to an IO who told me that my case is in the 'adjustment division'.

Question 1 : Is that just BS or is there a division like that (adjustment division) so I can hope for an approval soon?

Question 2: Do you know if they are processing any ROW cases or is it just India/China as the window for them to stay current is small?

Question 3: I am worried that they will finish the visa numbers for this year without processing EB2 ROW cases . What are your thoughts regarding this?

Thank you for your answer in advance!

EB2 ROW (Cross Charge)
RD 26 July 2007
ND 17 September 2007

PS: This is not related to my case but I don't see an I 485 forum for AOS anymore on your website. Has it been moved?
 
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letgetgc2005

Registered Users (C)
#6
Hello Rajiv
I want to ask you question reagrding EAD/AP renewal.
Question:
1. Do we have to renew EAD before getting it expire ? or can we renrew also once it expire i mean one or two month later after expire ?
same thing with AP ?


2. First time when we file our 485 we did not file the AP we just file EAD can we file AP and EAD now ?

We have our H1 and H4 valid till 2010 .
 

jersey1980

Registered Users (C)
#7
Hi Rajiv,
My friend was in India when he applied his H1B. After that, he came here on H4 and his H1B is approved when he is here. Now he wants to change the status from H4 to H1B and his H1B starts from Oct1st. Does he need to apply new I 129 altogether with change of status or just a I 539(change of status/extension of status) enough to get a H1B with I94.

Or else if he attends visa in Mexico, does he need to apply I 824 for new counsulate.

Thanks
 
#8
Hi Rajiv,
Iam on CPT(valid till May 2009) and my H1B starts from Oct1st with change of status approved. Do I need to register for Fall classes in September2008 (which costs me lot of money) to keep my CPT active or is it ok if there is a gap between CPT and H1B start date (1 month gap).

Thanks for your response
 

Rharan

Registered Users (C)
#9
Starting my own consulting company

Dear Rajiv,

I'm on EAD and I'm planning to start my own consulting company and want to work for it. Is there any negative consequences that affect my ongoing GC process? and What procedure should I follow to retain my GC process.

Thanks and Regards,
Rajesh
 

prman

Registered Users (C)
#10
Question on Stamping

Hello Rajiv,

First, Thanks for everything! My brother has a 10 year business visa stamped and has been to US couple of times and is in India now. His H1 got approved and is planning to get stamped his H1. He is worried about, (1) In case If he did not get the H1 stamped can he use his B1 visa to travel? (2) If he did not get the H1 stamped will the B1 visa get cancelled?

Once again thanks!
 

elprashant

Registered Users (C)
#11
Dear sir,

This is elprashant .Thanks for the kind cosideration...

I am on H1 valid till sep 2010, live and work in NJ, married to a green card girl in May 2008 and would like to know about green card process

I wanted to know whether I am on the right track or not ??? Any complication can be arrived or not ??


My wife will become US Citizen by the end of this month and then we decided to file green card process to Chicago lock box facility of USCIS

I have prepared I 130, I 864, G325a for her
I have prepared I 485, I 765, G325a, I693 for myself

Complications :

1. I live in NJ and She lives in Chicago, works and studies in Chicago ..is there any problem
2. Bonafide marriage: I decided to show joint bank account and testimonials from relatives as form says..
3. For support of sponsor : I will show her as prime and joint sponsor as her relative, a us citizen .. Can I show my support.......

4. Can we apply I 130 without her US passport ???? We can have passport within 10 days

5. Any other complications ??

Thanks
 
#12
Changing from EB3 to EB2

Dear Rajiv,

Let me start off by thanking you and all the support personnel who make this forum a success. My question pertains to changing the GC filing category from EB3 to EB2. Here is my background:

I cleared I-140 in March 2007 and my I-485 was applied during the July-Aug 2007 rush and is currently pending. My labor was filed under the EB3 category and my priority date is March 2005. My 6 years in H1 expired in 2006 and I have been on extensions since then (my current extension is valid until Dec 2010).

My wife came to the US in the H4 status and she moved to the F1 state to study. Her AOS was filed along with mine and she is currently in the AOS/I-485 status (her H4/F1 status has expired). Both of us have EAD cards and AP documentation.

I am planning to change companies using AC21 portability (to a company in the similar field etc). Here are my questions:

1. Can I re-file in the EB2 category without losing my existing priority date once I move to the new company? I have an MS from a University in the US but I was filed under the EB3 category since my joining date was prior to the degree completion date and my university refused to give me an early degree completion letter.

2. When I refile under EB2, can I modify the job description or does the job description have to be exactly as my EB3 application?

3. I'm guessing that I will have to go through the Labor and I-140 stages all over again if I want to move to EB2. In this scenario how do I maintain my current priority date (March 2005) or is that automatic?

4. How is my wife impacted by all this? Does she become out-of-status immediately if I re-file, or will my existing filing remain current for the both of us until the new one clears?

5. Related question - what happens to our existing I-485 applications? Can we continue to extend the EAD and AP attached to the existing application until we can file for the same under the new application?

6. What documentation do I need for the re-filing?

7. Based on how things are progressing at the moment, can I expect to get a GC earlier by this method (a very speculative question)?

Thanks
kartb
 
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rajitha14

Registered Users (C)
#13
COS query

Hi,

I am here on H4 status (valid up to 2010) and my H1 (applied when I was in India) got approved in the month of Jun’08.

  1. Can I apply for SSN before Oct 01,2008 based on the approved petition.
  2. Can I start working from Oct 01,2008 without getting the COS done (i.e., being on H4 status along with the approved H1 – As I do not intend to leave the country for sometime at least..)
  3. Is applying for COS my responsibility or the employer’s? I mean who should pay for it?
  4. Once I get my COS done, if I go out of the country do I need to have visa stamping done to re-enter the US? If yes, Can I go to any country (Canada/Mexico) to get the stamping done or only to India?
Regards & Thx in advance for the reply.
 
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tusharvk

Registered Users (C)
#14
EB2 IN dates

Curiously EB2 IN\CHI is close to current again. The last time this was in FY05. Retrogression kicked in FY06 (October 05 is the first VB in the recent history when the dates jumped to late 90's). Here is how the dates moved since (focusing on IN alone)
Oct'05: 99
Feb'06:01
July'06:03
Sep'06:U
Oct'06:02
Feb'07:03
July'07:C
Sep'07:U
Oct'07:04
Feb'08:U
July'08:04
Sep'08:06
Variety of reasons were proposed for the severe retrogression observed in FY 06 & (majority of) 07. Number one being that people from EB3 upgrading to EB2. FY 08 has seen significant movement in the EB2 dates for IN (a jump of 4 years) and the dates have come a full circle to almost current. This has been true despite of the VB fiasco of July'07 when the flood of applicants must have been from EB2485 (if one were to believe the "upgrading theory").
However, the dates have continued to move in the last quarter of FY'08. Is this the trend that we are going to observe in FY09 or will the dates jump back to late 90's again and then become close to current again in the last quarter of FY09?
 

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
#15
Taken to my blog

Dear Rajiv,

Thank you very much for the service you are doing. We are always greatful to you. Though pay and benefits are not good, I have accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007, with an agreement that I work for them minimum 12 months. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I got a better opportunity . When I discussed with my current employer HR, they said they did not get enough money on me and they are threatening to file to USICS through the attorney to withdraw GC files processing unless I work with them till I get my GC. Is that possible for them to withdraw like that? Does that effect my GC process in negative way? What I have to do in case they withdraw? Is it possible to re-start the whole GC process again in case ? When do we file this AC 21? By the time I file AC 21, if the present employer withdraws the GC files, what happens to my case?
How do we know whether they have withgrawn GC process or not? Please answer these. Thank you.

See your answer at: http://www.immigrationportal.com/blog.php?b=37

Note that I can make no comments about contracts. They are a matter of State law. If you have signed something or entered into an oral agreement, this should be discussed with a local lawyer. I am addressing only the immigration law implications.
 
#16
Linking approved 140 to filed 485

I have 2 labors ( one before and one after perm) approved and have filed 2 140's:

1. 140 and 485 concurrently on Aug 6th 2007 at TSC based on EB2, India, May 2006 labor.This 140 is NOT approved.

2. Filed second 140 based on Mar 2005 labor on Dec 14th 2007 at TSC- EB2, India. Both are with the same company. This got approved on Aug 8th, 08.

How do I link the approved 140 to my 485? Do I need to fill in any form or do I need to talk to TSC or send them letter with approved 140 and 485 copy.

Would appreciate your inputs. Thankyou.
 
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#17
Filing a new I-485

I have a pending I-485 with an Oct. 02 priority date in the EB-3 category thru my employer (since June 07). My husband has a penidng I-485 thru his employer in the EB-2 category. He recently became current and I would like to file a new I-485 as his dependent.
1) At what point does my old I-485 become invalid?
2)Do I have to get a new EAD in connection with the new 485? If yes, can I work using the one I currently have till the new one is approved?
3) would you advise me to just wait it out till I become current (EB-3, Oct. 02 priority date) since my processing date will be as of Aug. 08 as compared to my first I-485 from Jun 07?

Thanks for your time and all your help.
 

kruz_patz

Registered Users (C)
#18
kaku

Mr. Rajiv:)
Thank you for this service.

I got married this dec in India. My wife is Fiji Citizen and currently on Greencard status in USA. (Through Lottery visa). The earliest that she can apply for her citizenship is after Dec-2009. I am currently holding H1 status which will start from this OCT-1-2008.

I haven't made any changes to her last name yet. (changing her last name to mine).

Question:
1. Does USCIS allow to change last name at the time of Oath Ceremony, because then she would be having less trouble in changing all other documents?

2. If not,
than what is the best thing to do?
A. Should we get married again in the COURT here in usa to get marriage certificate OR our marriage certificate from India is valid.

B. Should we send her passport for renewal with Last name change to her country of birth (Fiji).

3. When can I apply for my greencard based on marriage. (plz tell me the exact step where I can be eligible to apply)?

4. Do I need H1 approval copy, when I will apply for my green card application through my marriage?

5. I am applying for Passport renewal at indian embassay. Do I need to send the copy of H1-B approval. (Because I don't have the original copy). How the courtsey copy is different from the I797-A copy, where the I-94 is attached at the bottom.

MISC Question:
1. If H1 gets picked up in lottery but gets denied. One has to go through lottery system again next year?


Please advise me here.

Thank you so much..............much appreciated.
 
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leeladhar

Registered Users (C)
#19
File a fresh 485 or interfile or AC-21

Dear Mr. Rajiv,
Thank you Sir, for the great service.

I worked for company A, filed Labor certification (ETA 750) got approved, filed EB-3 I-140, and resigned for that company, and joined company B.

Soon after I joined company B (within a week) theEB-3 I140 from Company A got approved.

Company B filed PERM LC and filed EB-3 I-140, requesting the Priority date ( June 2002) of Company A’s I-140.

During July 2007 fiasco, I filed 485, based on Company A’s approved I 140.
It is now more than 360 days for that 485 and remained un-adjudicated.

Last month (June 2008) the company B’s 140 got approved with the old company A’s PD.

Now what shall I do ?
1) Shall I simply wait to get my PD current ?
2) See if the 485 filed based on company A 140 gets approved? Once the 485 gets approved do I have to resume employement with employer A ?
3) File AC-21 ? Since the 485 was filed from the new employer address does AC21 applies automatically ? (job is almost similar, Do I qualify for AC-21, as the I140 got approved after I left, and I am not working with sponsoring employer when I file the 485 in July 2007)
4) Interfile the company B 140 with the existing 485 ? Do I have to wait for the dates to be current to file interfile request ?
5) File a fresh 485 when the PD is current ?
 
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#20
H1-B Immigration Clarification

Hi Rajiv,

Thanks for your continued support in immigration matter to all of us...

I am currently on H1-b with an employer and holds 50% share in an LLC.. Could you please help me with the below questions..

1.) I am billing a client for my services through my own company and my payroll is still getting processed by my employer... do you see any issues with this...
CLIENT ---> My Company ---> Employer

2.) Being on H1B myself, can I hire people on H1B visa through my company..

3.) Can I process my GC through my own company.. will I get any benifit as I employ some people in US.

Thanks for your time and advise..
 
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