Call on June 5, 2008 - Recording Now Available

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monica1

monica1

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Recording for June 5, 2008 Call is available for download here:
http://www.immigration.com/improving...nce_calls.html

NEXT CONFERENCE CALL
Topic: General Immigration Related Questions
Date: June 19, 2008
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
* NEW *
Dial in number: 1-218-486-7200
Access Code: 412216
 
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Consulate-PIMS-Job Title

Hi Rajiv,

I have couple of questions on different topics

1. My wife is planning to go her "first time" H1 stamping (H4 - H1), can she go to any US consulate in India or is it required to go to jurisdiction consulate as it is her first time H1 stamping. Also, i heard about PIMS delays in Indian consulates, is there any way to know whether her I-797 is in PIMS database before going to visa interview (Her H1 petition is approved in around August 2007)?

2. Does she need to file any form with USCIS (as she changed her status from H4 - h1) to inform that she is planning to go to so and so consulate so that her petition information would be sent in advance to that consulate?

3. While filing I-140, is it required to have same GC job title for H1 as well (My GC job title and H1 job title are different)? Also, can i use my H1's education evaluation (Masters equi.) for I-140 (Masters equi.) as well or do i need a new one?

Appreciate your time to answer my questions.
 
Hi Rajeev,

My college has sponsored a PR for me as Clinical Research Associate. Filed I-140 in April 2008 (EB-2). I want to do residency in Internal Medicine. My boss has encouraged me to apply all over the US for a residency and assured me that he will not withdraw my petition. Is it possible for me to join a residency in Jun 2009 on H1b in other institution on extensions based on I-140 applied/Approved by June 2009 .My current H1b 6year lapses in oct 2008 .

Do you think It will be safe if I applied for residecny on J1 and give up this green card process? People told me that once you apply I-140, its grounds for rejection for a J1 visa petition.

If I do not get residency at what stage can I leave my company and use AC21 or port I-140 to get a similar job in a pharma company? If I do manage to get the job in a company will my current H1b(Exempt from quota) be valid for extensions by the company on the basis of I-140 pending?

My company lawyer is involved up to approval of I-140; can the lawyer create any problems for me?? Although my Boss is willing can they in any way force him to withdraw my petition?

Are there any predictions of visa No’s availability in July this year like last year?
 
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Rajeev,
This is Vik.
My GC has been approved on 02July2007 & stamped on Passport.
We havent received physical Green Cards yet. After repeated (infopass) visits to local USCIS office in San Antonio (TX), still no card yet.
USCIS officers say - it should arrive in around 3 weeks or a month.
Please advice what needs to be done to expidite card process.
Thanks in advance.
Vik


Here is case history.
Category: EB3
Citizens of India
• Immigrant Petition for Alien Worker (I-140) filed on 31July2003 and approved in April 2005.
• Application to Register Permanent Residence or Adjust Status (I-485) filed in 29March2003.
• Green Card Interview (Application of Adjustment of Status) on 19Sept2006.
• Green Card approved on 02July2007.
• I-89 Testimony and temporary Permanent Resident stamped on passports on 18July2007.
 
Minor Child with learning disability

Hi there,

I am a US citizen in NJ and I want to apply for GC for my parents and my brother who are already here on visitor's visa. I understand that the process for my parents is quick and not that difficult and should not take more than couple of months. My concern is for my brother who is only 13 years old and may have special educational needs. He has some developmental disability such as ADHD or Autism or something similar. So he need special education and special attention. We would like to keep him here and send him to a school here as well.

I understand that while I apply for my parents they can stay here legally until they have the GC is done. But can my brother can stay here too and go to school here in the mean time? Is there a way he can get the GC process done alongwith my parents? If not, is there any special rules/laws/clauses for minors or children with disability that will allow them to stay in the US legally? Any help will be appreciated.

Do I have to file for GC for both my parents together of can I file them separately?

Thank you.
 
Am I permitted to apply for GC after receiving form I-613?

Hello Rajeev, thank you so much for the community service!

I am so confused with form I-613 I received two months ago, it states 'Granted' by waiver review officer; and from the website of the Department of State it shows a favorable recommendation. However, there is no instruction in the form. I called waiver division office, several visa specialists gave me different anwsers. Someones said that I should send the form back to local USCIS, but someones said that I just wait till the notice of approvel coming to me.

My case is J visa waiver based on exceptional hardship (with USC spouse), it is undergoing over four years and it is so painful for me to go through all the processes (denied, appeal, recommendation...)

My question is (1) What should I do with this form? (2) Is there any procedure to help my case done fast? Since my mother has been operated on stomach cancer and undergoing the chemo-therapy now, I am anticipating to serve my duty for her. (3) May I apply for Green Card with the form I-613?

Thank you in advance!
 
Hi Rajiv,

I am an architectural designer. I had applied for I-485 on July 2 2007. I have had H1b (valid upto June 2010) visas as well as green card sponsored through the same employer. I-140 was approved in September 2007.

I have been working on projects of one of my employer's client's since last couple of years. Since I am spending 80% of my time on this client's projects (under my employer's supervision), my employer feels it might be okay for this client to pay me directly rather than go through him.

This client is not an architectural firm. Will that in any way hurt my immigration status and the ongoing GC process?

What are my options?

Please advice. Thanks.
 
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Gc for my mother

Hello Rajiv,

My citizenship interview is coming up in July. My mom is planning on visiting us in Aug/Sep on non-immigrant visa(B-2).
What will be the procedure to apply for her green card while she is here? Will be any different than applying if she was in India?

More importantly, do you recommend that I would apply for her GC while she is India or here?

Please advise. Also, I want to mention here, that she stayed with us for one year on extended B-2 visa. So, how long shd I wait before actually asking her to come here. She has 10 year visa.

So, far I have the following things for her.

1. Passport
2. PCC
3. death certificate of dad
4. Old ration card.
5. Service book (she is retired teacher)
6. School Bonafide certificate and
7. High school diploma.

I still need her local police clearance, birth certificate.

thanks all,
akapoor
 
Hi Rajiv,

One more question - basically this is for friend. But anyways, the question is my friend got hired by company A and then got GC through them and after getting GC, he was laid off almost immediately. His interview is coming up in next month. Do you see any issues with this? He is now working in the same company as me.

Thanks much,
Akapoor
 
Hi Rajiv,

I am on the second extension of my H1-B visa (6+1+1), with Green Card application pending.
Below is the GC status:
- Labor cert. was filed in Feb.’08 under PERM and approved in April ’08.
- I-140 was filed in May '08 and is currently pending.

I was hoping you could help me with the questions below:

1. If I change jobs before I-140 is approved, how will it affect my green card application and H1-B status?
- what are the options, if changing jobs before I-140 is approved, adversely affects GC application and H1-B status?

2. Once I-140 is approved, how soon can I change jobs without affecting the application/status?
- does I-485 have to be filed before I can change jobs?

Thanks for your time.
 
I-140 Denied. Re-apply?

Hello,
I had applied for a Green Card using PERM under EB2 a year ago. My I-140 was denied. I am trying to figure out if I should re-apply for a green card, or file for an appeal.

My employer informs me that I should immediately re-apply for the green card since my H1 expires on April 14, 2009. Given the fact that I was in India for 1 month he said that the H1 extension can be done until May 14,2009.

However there is a law that says that I need to reapply for a green card at least 365 days in advance so that I can stay in the country.

Can I file for an appeal and then file for an H1 extension? If my appeal gets denied, what could the next options be? Is it safer to re-apply?

Any advice on this would highly help.
 
Hey Rajeev,

This's Sri.

I (H1B) stepped into US with my wife (H4) on Dec1 07. The Immigration officer at the port of entry issued our I94's till July 08, though I have a valid visa untill Dec 09, since my passport was expiring on July 08. Now I have a new passort from indian embassy.

We went to the local CBP office at near by airport, and they issued us the new I94's with the same old number (by striking off the new numbers on the card, and writing the old numbers). Also, they stamped the I94 card with the Dec1 07 admission date (old date) and admitting from the new airport.


1) Is it valid to have a new I94 with same OLD number, OLD admission date and with NEW port of entry location?
2) AS found in the CBP website, do I need to file any other forms with USCIS/CBP like Application to Extend/Change Nonimmigrant Status (Form I-539)?
3) Am I better off and relax trusting the CBP official?


Thanks alot for your time, and kudos to your community.
 
EAD Questions

Hello Rajiv,

Currently I am working on H1-B Visa and my husband is also on H1-B. Last year my Husband's company filed green card for us and now we are waiting for Green card. I have EAD and AP. I am depandent.

My questions are;

- what is the procedure to use EAD first time. Do I have to fill any form or application...?

- If I use my EAD and after 2/3 months if in case I loose my job, will it effect on our green card process?

- If I use EAD, Is it necessary to do work on EAD or I can find job without any time limitation?

- On EAD do I have to search job with same type of JOB description as mention in my H1-B requirement or any type of job description?

Really appreciate if you answer my questions.

Thanks
BKumars
 
H1B to EAD to H1B issue

Hi Rajiv,

How are you doing? Thanks for your services for the community

Below are my details of the questions.

1. I am on H1B with a Medium Software Consulting firm. My company applied for my GC.

2. My wife is also on H1B doing her Residency in Family Practice in a Hospital. Before doing
residency she was on F1 doing MS and completed MS.

3. My wife's H1B is going to expire on June 22nd 2008 But the residency is going to be completed
on June 30th 2008

4. When I apply for my I-485 in July 2007 I included mu daughter and wife as dependents.

5. Me And my wife got EAD and AP.

6. My wife and my daughter travelled to INDIA in JAN 2008 when her mother expired due to cancer.

7. When they came back at the port of entry in JFK they both used AP and they are now in Parolee
status until Jan 15th 2009.

8. Now is it a good idea to apply for H1B for the remaining one week of my wife's residency or
use EAD for that one week of the residency.

9. If she uses EAD can she go back on H1B when she gets JOB?

10. The current H1B my wife has doesnt come under annual CAP as the hospital is non profit organization.

11. If my wife uses my EAD can she go back on H1B, if so does she come under annual CAP.

Thanks
Mohamed
 
Hi Rajeev,

I have the following questions:

1. I am currently on H1 and the current company offered me Labour Substitution and I applied that in June 2007. During the July 2007 period, my employer applied for I-140/I-485/EAD and AP. I have got the EAD and AP. Can I change the company once my I-140 is approved and I-485 is still pending? Its is going to be one year that my employer has applied for I-140 and its still pending, currenlty I am full dependent on this I-140 and I-485 filing for the GC, is there any other alternative do I need to apply incase I am having issues with I-140 approval?

2. My wife is on H4 and she is having EAD and AP. She is not using EAD. Her AP is valid till Sep 2008 and she has gone to India. She is planning to stay in India for more than 6 months and by that time her AP will be expired, can you still go to Consulate and apply for H4 Stamp and come back. She previously had H4 and it is expired now. She has applied for I-485 and its still pending like mine?

3. with my little knowledge about the GC, I need some information about I-140 and I-485 application, so once my I-140 is approved, then my I-485 needs to be approved right? after that do I need to go to any interview in order to get the GC or it will come in mail to home. I still not yet got the appoinment letter for the finger priting?

Please reply. I really appreciate your service to the immigration community. Thank You.
 
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Rajiv,
One more question below:

My parents have 10 years multi-entry visa issues from India. They came on a visit to India and they left after 3 months, now they are planning for a next visit to USA after 6 months. I have this questions, like how soon they can come to US once they leave the US in a year? I tried to read some information online but coudlt find out more.

Thank you Rajeev.
 
Hello Rajeev:

Thanks for taking your precious time to answer questions. here is my issue:

My girlfriend went back to India 3 months ago, she was on J-1 while she was in the US and was subject to two year rule. I am on H1-B. We are planning to get married in the next 3 months. We have contacted the US consulates in Chennai and New Delhi about the procedure to aply for H-4 and received conflicting information. Chennai said that we can apply for H-4 without a waiver and the consular officer would decide if visa can be granted. New Delhi mentioned that we need to apply for a waiver. I was informed about this forum as a great resource. Can you please advise on the following:

1. Can she aply for a h-4 after we get married or does she need to apply for a waiver before applying for a H-4 visa in India?
2. If she needs to apply for a waiver, can she apply from India?
3. Where can we find the related documents that need to be filed?
4. Is anyone aware how long this process would take if applied from India?

Any and all help is greatly appreciated. I look forward to joining you on the call. Thank you.
 
H1B and national Interest waivers

Hi Rajiv
Thanks for your help.
I am on an H1B and have a EB-2,I-140 (national Interest waiver approved).I am unable to file I-485 due to priority date not available for India. I now would like give up my present job and work in India,but would like my options open to come back to US if possiable My questions are

1) If my present employer revokes H1B,does my approved I-140 (national Interest Waiver) stands revoked too.

2)After moving to India can i file for consulate processing I-864 and wait for my priority date to be current and move back to US once my green card is processed from India.

3)Can my spouse (also with EB-2, I-140 national Interest Waiver approved)who decides to stay back to serve in US file an I-485 for me while I work in India.
Thanks
 
H1 Transfer while extension pending

Rajeev,

My situation with company A:
*I-94 and H1 expired Apr 30th 2008
*Extension applied with same company A and got the receipt

Questions:
*Can I transfer my H1 to a new employer B now with my current status?
*If so what will be my risks and can you point to any document at USCIS site regarding this?

Thanks much! Appreciate your help!!
 
Hi Rajiv,

1. I am presently working with Company A, I got My EAD through them on Jul-
15th-2007, and my labor priority date is 2005 December under EB3 Category.

2. In December 2007, Company A was merged with other Company B.

3. On Dec 14th 2007 Company B applied a new H1 for me.

4. In June 2007 Company C Substitute an approved labor for me.
The labor priority date is Apr 11th 2003 and it is under and EB2 Category.

5. On XYZ date my I140 petition was approved through Company C

My Questions are

1. Is it possible to change the priority date & EB3 to EB2 category right now? If yes then is there any risk in this process? And approximately how long will it take for this process?
2. Company C (New Company) lawyer advised me to file a new I485. Is there any other way to change the priority date?
3. If I file a new I 485 what will be the status of my old EAD and Advance payroll from Company A?
4. Company C (New Company) is asking me to work on their Payroll, is it safe to work for the new company? What are the various documents that I need to submit to INS for this change?
5. If I decide to move to Company C, Which will be the best option, Apply for a new H1 or using my EAD card from Company A?
6. Is it possibility to revoke my I140 from my previous company? If yes what is the risk?
7. What are the precautions I need to take before changing to the new company? My I 485 was filed through Company A lawyer.
8. Will it become a conflict if I apply for renewal of old EAD and AP with Company A and apply for a new EAD, AP and 485 for the Company C.
 
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