Conference Call on June 19,08 - Recording NOT Available

Status
Not open for further replies.
Please accept our thanks for this service.

1. My Family based Green card application was filed by my in-laws and priority dates have become current. My Sister in-laws got the call and arrived to US. I did not hear anything. We found that USCIS has sent to Visa center and Visa center have no such case. They do not want to talk to each other. What can I do? AILA mechanism is not available to me as it was filed through some para-legal and he is not there any more.

2. In the above case, I am in US but overstayed on expired H1. I was under the impression that 245(i) would take care of it. But only now, I realized that primary applicant, my wife was in status but not physically present in US on the exact date. Is the application of any value?

3. If I voluntarily leave US, what are chances of getting a waiver on ban to visit US in future. Would there be a better way to minimize visit ban?

4. If I want to file the application again so that we get GC for my daughter eventually when she wants to study, would that be a feasible option?

5. Is this overstay likely to affect potential student visa chances for my daughter in future after about 6 years?
 
EAD Renewal

EAD Renewal

1. Are July VB filers likely to get 2 year renewals?

2. USCIS site mentions that if 485 was filed after July 30 2007, the renewal fees are waived. Does this apply to July VB filers who filed under those July dates but after July 30 after reopening up?
 
Prevailing Wage

Dear Mr. Rajiv

I am on H1B status 8th year with I-140 approved and I-485 pending (EB3) PD April 2002. I have been always receiving at leat 65K in wages and satisfying my prevailing wage (mentioned 55K on my labor certification). This year due to family emergency I will be traveling to India for 4 months and hence will receive around 45k in wages.

1) Will, not receiving prevailling wage (mentioned on Labor) be a problem during I-485 approval?

2) Can I be out of country for 4 months while I-485 is pending?

3) Can I come back to USA safely if I-485 gets approve while I am in India? (I have AP and EAD as backup)

4) What are the chances that PD of April 2002 (EB3) will become current by Feb' 09? Any Forecast/Guess in the forward movement of EB3 for next 12 months?

Thanks in Advance for your response.
 
H1B quota and duration

Hi Rajiv,
I have few questions about H1B quota for 2009 and the total duration of the H1B status.

1. My wife was on F1 status foing her masters from 2004 Jan to 2005-June.

2. From 2005 June 22 to 2008 June 21 she has been on H1B status and not come under cap H1B due to non profit and educational research organization where she has been in residency program.

3. Now she wants move to a different organization on H1B. Does get another 3 years H1B or lesser as she was on F1 for almost 1.5 years.

4. The H1B quota for 2009 for advanced US degree professional has been filled or still any vacancy left over under this catagory?

5. It may not be possible for us to transfer H1B immediately as her new job not yet confirmed and the current H1B is expiring on June 22nd. I assume we need to apply for a new H1B, is that correct?

Thanks & Regards,
Mohamed.
 
My GC was filed in Brother in 1996, has become current and we have gone through the consular process and we will travel. My son who was 10 at that time and is 22 now.

Is he covered by being a minor child then and likely to get GC or he lost it?

Thanks again.
 
vishyn said:
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.
Click to expand...


Read my answer to the AC21 question in my Blog http://www.immigrationportal.com/blog.php?b=25
 
Please read my response on my blog. I think we needed to write this down for all.

http://immigrationportal.com/blog.php?b=26



jefkorn said:
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
Click to expand...
 
Status
Not open for further replies.
Top