Conference Call on June 19,08 - Recording NOT Available

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monica1

monica1

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There was a technical issue with the recording for this conference call. We are sorry the recording cannot be made available. We shall keep you posted if anything changes. Thanks


Topic: General Immigration Related Questions
Date: June 19, 2008
 
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regarding AC 21 new rules

Hello Rajiv,

I am 3 months to 6 year H1 completion. If I use AC21, Is it necessary to inform USCIS? It is not mentioned anywhere in the new AC21 guide lines. If so how to do it?

Also, at the end of 6 years, how can I inform USCIS about the time I am out of country which is close to 3+ months for recapture as the present processing time is more than 6 months.? In that way I can still buy 3 months of my out of country time towards my 6 year H1 limit?

Thanks for your help.
 
Regarding H1

Hi Rajiv,

I have a couple of question regarding my visa...

I came here in 2005 on H4 visa, got it extended and also applied for H1B visa through a consulatant in 2007. Got it approved, they gave me the I-797A but didn't gave me any offer letter or paystub so far.

1) If I go to india now can I go for H4 visa stamping. Is there any chance of getting rejected.

2) Can i Complaint about this consultant to UScis. Will it help my case.

Appreciate your time to answer my questions.
 
Hi Rajiv:

The July 2008 visa bulletin indicates that the EB3 category is unavailable until Oct 1st 2008. I just requested my company to start my GC process. Can they still go ahead and start the labor & PERM process or would they have to wait till the EB3 category opens up?

Thanks.
 
Hi Rajeev,

I filed my GC application myself through my Wife who is USC and currently I am on H1 visa in a Investment bank. My H1 visa is filed by the immigration law firm which my employer deals with so my H1 related issues i have to contact law firm, but
When i filed my application of GC through my USC wife. My Notices of Receipts and Biometric appointment notices are mailed to the law firm and also to me. I am really concern that why my notices are being mailed to law firm who filed my H1 on behalf of my employer because in my GC application they don't come in picture at all.

Can you pls shed some light like what needs to be done in order to stop USCIS sending notices to the law firm and also by sendind notices to law firm will that create issue in corresspondance between me and USCIS ???

What other issues will this create in my GC applicaiton and what are the other important points that i have to make sure that i have to get from Law firms.

Really appreciate your help on the matter.
 
Dear Rajiv,

I applied for the marriage to a U.S. citizen based green card on June 5, 2008. I have the following questions:

1. How long it takes to receive the EAD documents, approximately…..?

2. When do the USCIS do the name check…? (at the time of issuing the EAD documents, before the Green Card interview, after the interview etc.)

3. I got fired from company A on March 28th 2008. I am currently on H-1B visa and I think I am out of status. I am going to join company B in 2-3 weeks. Is there any way by which I can start working for company B without going outside the US and get the H-1B stamping…?

The one possible solution I am thinking was like this. I file for the H-1B transfer by regular processing from company A to company B and start working as soon as I file my application. The USCIS will take 3-4 months to get to my application and they might ask for RFE or accept the petition and don’t issue the I-94 card or deny it. By that time, I am expecting to get my EAD documents and start working on the basis of that and don’t worry about the H-1B petition approval or denial. I want your opinion on this. Do you think this is a good strategy….? Please let me know if you know any other or better solution to this problem.

I would appreciate your help.
 
COS clarification pl..

Hi Rajeev,
Greetings!

My wife is here on H1 for the past 6 months and I joined her on 15th May, on H4 status. Also in the meantime my H1 got picked in the lottery (on 12/13th May) which was processed simultaneously. Though I had submitted my H4 visa approval copy to the lawyer at the time of applying for H1 visa, I was told that my application would be a non-COS type as I was not in the US at the time of filing the same. My queries are:

1) Is this true? If yes
a. When and how the COS is applied?
b. How long will the COS process take?
c. What will be the approximate expenditure including the application and attorney fee.

2) How long will my H1 take to get approved? After the approval can I start working from 01st October directly (currently my I –94 is on H4 status)

3) Also my wife is planning to change company in the meantime, will it affect my COS process from H4 to H1?

4) What is the general time frame for H1 transfer from company A to company B?

Thanks for your help.
 
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H1 to EAD to H1

Hi,

Is it possible to convert to H1 with a different employer after using EAD for a while with out immediately filing for H1 extension at the end of 6 years.

My H1 with employer A is expiring at the end of August 08. Say I use EAD from August 08 to January 09 and then if I find a new opportunity with employer B, can they file a new H1 based on AC21 and I-140 approval from employer A?(in similiar positon/title as my GC application)

If so, with employer B,

Can I work right after I get a receipt for H1? Will I be considered against quota as my 6 years is completed?

Do I need to get a H1 stamp at consulate or is it simply considered change of status?

Thank You
 
Hi Rajiv,

I have a Question on Transfer of PD from EB3 to EB2

Right Now I work for Company "A”, I have my I-485 Pending for More
then 180 Days, Category is EB3 and PD is Dec 2005.
Company “B” Substitute an approved labor for me, recently I 140 have approved.
Category is EB2 and PD is Apr 2003.

Now I have two I140’s

A. Is it possible to port the priority date?
B. Do I need to file another 485 from company B to change my PD?
C. If I file a new 485, EAD and AP through company B what will be the status of my old 485, EAD and AP?

Thanks for your help.
 
LCA/Perm rejection; motion to reconsider filed but no reply

Dear Rajiv,

My LCA/Perm application was accepted on Jan 15, 2007 to process. It was
rejected in Mar, 2007. After that my company's lawyer filed a motion to
re-consider, but since then DOL shows the status as pending. No one in DOL is responding to my lawyer's or HR's inquiries as to what the status is. We are in the process of re-filing a new application. Do you know what are the options other than filing a new application? If new application is an option, can we request my old priority date to be retained for the new application?

Some additional info if you need....
-------------------------------------------------
After the motion to re-consider was applied, DOL first said we never
received such request. My lawyer says he has enough evidence that he sent it on time, nevertheless, he re-sent the motion to reconsider paper work again and also mentioned that it was filed within the stipulated date. Now, they have the paperwork but the status shown is pending since last 1.5 years. I've a MS degree and we filed in EB2 category. The reason for denial was that my qualifications do not meet the advertisement, which is untrue as I personally checked the application my lawyer filed and that I have the required skills and experience as advertised. My lawyer is optimistic, but don't know how long we should wait.

Thanks a lot.
 
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Hello Rajiv,
I had filed for a quota H1B on April 1st 2008. Till date there has been no communication about that from USCIS, not even a receipt number. My employer and the attorney informed me last week, that as they have not heard from USCIS, I have not made the lottery. We are still waiting for the packet to come in.
Meanwhile, a University has offered me a job and is willing to file my H1B, however they say that it might be necessary to include the rejection letter from my past application in their application packet. They fear a denial if they fail to do so, as they feel the USCIS might just see it as a duplicate filing. Please note that the University and the employer who filed my quota H1B are not related, neither are they sister concerns. In that case, is it absolutely essential to include the rejection letter? If the rejection letter is essential, and it takes a long time to come in, is there any other work around?

Thanks & Regards,
GSM
 
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Procedure to change from EB3 to EB2 category

GC Priority Date: May 2002
Category: EB3
I-485 priority date : August 2004
Husband got green card in May 2005 who is a Principal applicant.
Wife is a derivate and hasn't got GC. Wife visa status is Adjustment of Status
Husband is still in same old job. Has a masters degree and got 6+ years of experience

Is it possible to change the wife I485 category from EB3 to EB2? If possible is it required to re-file 1 140 and 485? Please explain the steps.

Thanks again for all the community service
 
GC holder returned to US on returning resident visa want to apply for Citizenship

I have been a permanent resident since 4/30/02 and have made several trips abroad (dates of travel for last 5 years listed below). I was also in India for about 2 years between 1/30/05 to 03/02/07 and returned to the US on a returning resident visa (SB-1 visa) after proving at a US consulate in India that I did not abandon my residence. They gave me an immigration packet that I handed in at the port of entry and I was allowed to enter the US. Although USCIS opened a case for this (which is pending), their welcome notice said the following:

"Note if you have submitted a SB1 visa, you will not receive a new I-551 card. Your previous A-number and the corresponding I-551 card are still valid unless the card has expired, been lost, stolen or the personal information has changed. If you are not in possession of your previously issued I-551 or changes are required you will need to file an I90 with the appropriate applicable fees in order to receive a replacement card".

However, after some time, they sent me a request for evidence (RFE) that stated the following:

"USCIS systems do not indicate you have returned your original I-551 card to the California Service Center. This office is unable to complete the adjudication of your new I-551 card until you complete the process".

So I returned the card back to them. After I did so, they sent my old green card back to me in a few days with a letter stating the following:

"Your original card is being mailed back to you after thorough review of your case. It was determined that the code in our systems was entered in error upon your last arrival but the code on the I-551 card itself was correct. Please use this card until it expires. If you remain in status and continue to qualify, you may apply for a new card upon its expiration".

Am I right in assuming that reapplying for a new green card through form I90 when the old one is about to expire (in 2012) shouldn't be a problem? Also note that I have been physically present in the US for about 27 months in the past 5 years. So I was wondering when would be a good time for me to apply for my citizenship.

Dates of travel:
----------------
8/30/03 to 9/21/03
4/9/04 to 4/13/04
6/16/04 to 6/23/04
1/30/05 to 03/02/07

Please let me know when I can apply for citizenship. Also, are there any requirements like continuous employment, type of employment, minimum income, bank balance, income in tax returns, etc for the 5 year period when applying.
 
Six years on H1 used up, if AOS gets denied

Dear Rajiv,

  • If an AOS(adjustment of status) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
  • Will such a person go out of status immediately and will have to leave the country for one year before applying for a new H1?
    If this is true, then a person who applies for AOS should NOT insist on maintaining H1 because he will use up the six years sooner. He should use Advance Parole and EAD to stop the H1 clock because H1 will give him/her more options ONLY IF six years are not up. Your thoughts?

Thanks
 
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Newbie to Forum

Hi,
I was wondering how the Conf. call works. Are we supposed to speak out in order? Can anyone please explain the rules to me.

Thanks
vatsa
 
Hello Khanna Sa’ab,

A sincere thanks for this service.

My case is as following:

Labor & I-140 approved from Company A--- > Switched to Company B --- > New labor application filed --- > Audited in October 07 and response sent in early November 07.

H1B 6 years finishing in May 2009

Question 1. If the labor from Company B does not get approved, I will not be eligible for H1B extension as there is no time to refile PERM and still have 365 days pendencey. Can I get 3 year extension based on an APPROVED I-140 FROM COMPANY A?

Question 2. Any insight on whats going on with PERM audit cases?

Question 3. My wife is a dentist on F1 graduating in 2009…does she fall under special 20,000 H1B quota? Is there another way of getting work permit for Dentists OR faster GC processing for dentists (similar to what they have for doctors)?

Again, thanks for helping a friend from punjab. You are a true Punjabi!!!
 
Citizenship Interview - Birth Certificate and Traffic Tickets

I finished my Citizenship Interview at Mt Laurel on the 4th, June 2008.

At the interview I was asked for a Birth Certificate. I don't have a birth certificate but have a Non-Availability certificate from the Salem Municipalty, Tamil Nadu where i was born. I also have an affidavit from my mohter and sister. I used the exact same documents to get my greencard.

My first question is that enough documentation to prove birth? Why would they ask for the same documents again in the citizenship interview? The interviwer mentioned something like "just the affidavit is not enough".

My second question is around Traffic ticket. When you answer yes to the question "Have you ever been arrested,cited or detained by any law" is the burden on you to prove that you have no criminal record even if you answered yes to the question of traffic citation only?

Thanks and Regards,

-kris
 
Ac-21

Hi Rajiv,

1) I'm eligible to change jobs under AC-21. What action do I and/or my new employer have to take when I make this change? What forms/ information do we need to provide the USCIS with? I didn't find any forms to be filed online for this.

2) My current employer has renewed my H1-B visa although I had a valid EAD and AP. My new employer does not do H1-Bs. What is the advantage of having an H1-B in addition to an EAD and AP when the I-485 is pending?

Thanks for your help!
 
Priority dates (Labor and what is shown in I-140)

Hi Rajeev,

Greetings!!!

Labor Priority date : According to employer(Dec 2003)
My employer used labor substitution for me.

He filed I-140 in Nov-2005 and I-140 was approved in a week.

The I-140 document shows Nov-2005 in the priority date field.

I have never seen my Labor copy but only heard from employer that its dec-2003

My question: Which date will USCIS consider as priority date? dec-2003 or nov-2005? As I-140 shows Nov-2005 and my colleauges tell me that priority date is what is shown in I-140

Assuming that my employer is telling the truth, can I assume my priority date is dec-2003?

I filed for I-485 in June 2007 assuming that my priority date was current as per the visa bulletin.

Please advise.

Regards,
GCFinder
 
Advanced Parole

Hi Rajeev,

Greetings!!!

I have applied for EAD and Advanced Parole along with my I-485 in June 2007.
I am still on H1-B and have not activated/used my EAD or Advanced Parole.

Now both are getting expired and I plan to renew my EAD but dont plan to renew my advanced parole as I dont have plans to go out of the country in the near future.

Question:
a) Can I just renew my EAD and not my advanced parole?
b) If I plan to renew my advanced parole in the future, can I do so? Or there should not be any GAP between 2 parole applications?

Please advise.

Regards,
GCFinder
 
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