Conference Call on May 13, RECORDING available for download

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monica1

monica1

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The conference call recording is NOW AVAILABLE for download here, http://www.immigration.com/free-community-conference-calls

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Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
NEXT CALL Date: May 27, 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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Dear Rajiv,

I am an Indian national and LPR since March 2006. Got married recently and my spouse is currently in India. What are the best possible/fastest options for me to be able to bring my spouse to US. Granted that I should be eligible to apply for citizenship by Jan 2011, should I

- Apply I-130 for my spouse now as an LPR and then inform USCIS, once my citizenship goes thru?
- Apply I-130 for spouse as a citizen after the naturalization process ?

Is K3 Visa still an option after my naturalization or is it virtually dead since Feb 2010 with USCIS killing the I-129F when the I-130 has already been approved?

What is your opinion and chances regarding trying for a B2 or student visa from India?

Look forward to your valuable opinion.
 
H1 stamping

Hi Rajiv,
My H1 got extended from June 21 2010 to June 20 2013.
My current H1 Visa stamp expires in June 20, 2010.

I am travelling to India and will return by June 10, 2010.

If I do not get a new Visa Stamp , will I get an I-94 per my new Petition (till June 20 2013) ?
Is there any risk that at Officer at PoE wil issue a I-94 per my current Visa stamp and if so, what is the remedy ?
 
H1b LCA Related I-485 issue

Hello Rajivji,
Background Info:
I have a pending employement based I-485 filed in July 2007.
I am working for the same H1b employer who has filed for I-140.
I have recently entered using Advance Parole and in Parolee
status working for the Same H1B employer.

i) Previously I was working in ABC city from 2003 to 2005 for an employer located in XYZ City.
This employer has filed the LCA for XYZ only and not for ABC city .This employer is out of business now.

Recently I have seen in some forums that USCIS seems to be issuing NOID to deny the I-485 if the employer has not filed (H1b)LCA's for specific locations where the employee has been working based on the information furnished on form G-325A filed along with the I-485.

So my question is:

i) Is this is a status violation as far as the Employee is concerned?
ii) If yes,My last re-entry to USA before filing I-485, using H1B Visa was in July 2004 and that makes 190 days in status Violation(10 Days more than allowed under 245(k)).If a NOID is issued for I-485 would it be possible to argue that it was out of Control of the Employee,since filing a H1b LCA is a employer responsibility and the employee has no control over it.
Can the following argument be used in this case:
Memorandum
TO: Field Leadership
FROM: Donald Neufeld /s/
Acting Associate Director, Domestic Operations
DATE: July 14, 2008
SUBJECT: Applicability of Section 245(k) to Certain Employment-Based Adjustment of Status Applications filed under Section 245(a) of the Immigration and Nationality

A period of unlawful status found to result only from a “technical violation” or through no fault of the applicant, as described in 8 CFR 245.1(d)(2), does not invoke the 245(c)(2) bar. Thus, such period does not count against the 180-day period.

Thank you very much.
 
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Hello Rajivji,

Have you come across any RFE's for EAD renewal and if yes what kind of RFE's could they send. and my second question,

From my last question on your last conf call reg if i move BACK from EAD to H1 and you said probably i would have to leave the country for stamping to get new I 94, but even currently when i am on H1 and travelled back on AP, AT THE AIRPORT THEY GAVE ME AN I 94 stamped for one year (paroled), so once if i get my H1 approved when i move back from EAD and visit India and then DO NOT GET A H1 STAMP and travel back on AP, i should still get an 1 year I 94 stamped (paroled till so and so date). Appreciate your help.
 
Interfiling for Spouse Vs filing new 485

Hi Rajiv,

Thanks for taking my question.

I am an Indian national.
Recaptured PD (Jan 2005) from EB3 to EB2 and it is current.
I would like to add my spouse as a dependent. My spouse has his own 140 (in EB3 which is approved) and 485 filed earlier by his employer.

My Questions are:
1) What is the procedure to Interfile my spouse's 485 based on my recently approved EB2 140?
2) Do we get any receipt notice for this Interfiling, so that we can follow up with USCIS? If not, can we just file a new 485, so at least we will have a receipt number to follow up.

Please advise.

Thanks,
ckinnj.
 
Pending AOS And Reckless Driving Ticket – Class One Misdemeanor Criminal Charge

Hi Rajiv,
My I-485 (AOS) was filed in July 2007.

I am Resident of Virginia, Last month I got a Reckless driving ticket for Speeding.
I was NOT driving under influence, but the Cop charged me with Reckless driving by Speed ticket.

I just came to know that in Virginia Reckless Driving is a Class One Misdemeanor Criminal Charge. (Only for VA Driving license holders)

Knowing the above facts I have the following questions :
Any Impacts on Pending I-485 (AOS)?
Any impacts if I travel to India and return back to USA on Advance Parole?
Any impact with Citizenship Applications down the road?
Any impact with future Job Assignments?

Thanks
 
Applying for Advance Parole on H1B

This question is on behalf of my husband.
Background info:
He came to the US on F1 in 2002 and hasnt left the country since.
Currently he is on H1B with a state employee which was extended in Dec 2009 after having been run through a background check.
Very reluctant to go to home country for fear of being stuck there since getting a new stamp requires going through another extensive background check in which case he could loose his job.
He is in process of getting his green card from his employer. His I-140 was approved in June 2009. Currently he is waiting for visa numbers to become available in the EB3 category (which seem to regress every time which is very frustrating). So he cant apply for I-485 yet.

He wants to go to his home country since his grandmother recently had a stroke and she is axious to see him before its too late. Also, he is VERY home sick.

Can he apply for an Advance Parole or a Reentry Permit. Basically, is there a way for him to avoid going to the embassy for a new stamp and getting stuck in background checks which seem to take forever.
We are only planning to travel for 2 months in Nov 2010.



Any help or suggestions you can make will be greatly appreciated.

Thank you.
 
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Hi, I am the Parent (Mother) of a USC she filed immigration papers for me to become LPR but the problem with me is that I overstayed in the USA for three years I am now out of the country returned home voluntarily on my own never had any problems with the law while being there I still have my visa which will expire according to date January 2011. My question is, Is there any hope for me being a parent of a USC? thanks for your answer it is highly appreciated.
 
Hello Rajiv

My mother is a Green Card holder since Feb 2001. She is planning to file for Citizenship this July 2010.

In the last five years, i.e. From June 2005 till date, she has made three trips of around 8 months and two trips of less than 6 months to India.

My questions are :

1) Does she still qualify for applying for Citizenship this July 2010 ?

2) Will this affect her Continous Residence ? If yes, is there any way to prove her Continous Residence and be eligible for Citizenship this July 2010 ?

Hope to get valuable advise from you.

Thanks
 
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COS from H4 to H1

Hi Rajiv,

My question is about change of status from H4 to H1.

Applied for H1B while in India : Dec 10 2009 (The employer is a US based company. I quit my India employer due to relocation to the US)
Got Married : Feb 2010
Arrived in US on H4: 15 Feb 2010
H1B Approval : April 26, 2010

H1 B Approval asks me to visit the chennai consulate for stamping

Our choices are
(a) Go to chennai for stamping-
(b) Have employer file for change of status

There are no interview dates available in Chennai because of the travel season.
1. What are the risks with filing a change of status? Both through regular channel and through PP
2. In your experience, what are the usual reasons for an RFE or rejection of change of status from H4 to H1 (other than travelling out of the country)

Regards,

Div
 
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Hello Rajiv

I have applied for Employment based Green Card. My priority date is September 30, 2008. My Labor and I-140 have been approved. As per my lawyer, my category is EB2.

My question is :

How can i verify and confirm that my green card has been applied under EB2 category and not EB3?

Please advise.

Thanks
 
How to withdraw N-400 properly

Hi Rajiv,

I applied citizenship in April 2010 and yet to receive the Fingerprint notice. However, after careful consideration, I found myself not ready to lose my original nationality citizenship yet becuase of my family reasons overseas. I am planning not to show up for FP once I receive the appointment and just abandon my application. I have some worries and questions below and hope I can get some advice

1. That I don't show to do the fingerprint will automatically withdraw the application process?
2. Should I have to do something by law to withdraw the application such as writing or where writing to, how should I provide the reason to withdraw? What is the proper reason to withdraw without having negative impact to future?

3. The withdraw will impact my application again in 2 or 3 years later?
4. The withdraw will also impact my renewal of green card in near future?
5. Are there anything else I should pay attention to?

Thank you
 
Hi Rajiv,
My 140 was filed by current employer under EB3 category using labor substitution and approved on december'07.
485 was filed concurrently with 140 ( August 07).My priority date: Oct 2004.
My employer has not given me a copy of labor and 140.I don't even have the receipt no of my 140.
I only have an email from my employer around dec'2007 saying my 140 had been approved. I don't have any other proof or documents.
Currently i am working for the same employer on EAD though i only completed 4 years of my H1(still have 2 years left).
I was asked by my employer to work on EAD and not H1. This company has not even give me the job offer letter.

My questions:

1) I want to leave this employer and take up another job. My employer will surely revoke my 140.Any problem for my status?.
I don't have labor,140 copy(not even the receipt no)
I only have the job descrtion used for the labor substitution.
2) I was made to sign(on white paper), a declartion that i will not leave the company until after 6 months i get my green card failing which i have to pay 10,000.Any risk in leaving the job?

Appreciate your response at the earliest?
 
How to get out of the I-134?

My ex-wife got an I-134 affidavit of support when I got her into the USA (marriage based). After she got her green card and divorce, she went for a government assistance. I understand that the I-134 forces me to reimburse the state for any government assistance, but I don't want to be billed by the state. She doesn't plan to become a citizen, so she will not get off this I-134 automatically (I think). How can I terminate this I-134? Thanks.
 
Hi Rajivji,

Thanks for taking my question.

My son is planning to go college on H4 status. Does he eligibile for
getting CPT?

(As of now his I-485 was denied and waiting for re-open - As my I-485 was re-opened. so, thought of continuing his H4 status).

I understand from earlier posts information, one can be on H4 status till 21 years... right.

In this situation, Continuing on H4 status is good or applying for F1 is good? Please advise me.

Thanks again.

Sai.
 
Divorce & Implications on my Citizenship / Green Card for Current wife

Rajivji,

I got married when my I-485 was pending (on H1 as well). Applied for Spouse's GC - EB3 dependent (on H4 then). Shortly after my GC approval , marriage turned sour and she left US with an AP. Her GC was approved a month after she left US and GC was never used to enter back into US. We have since then got divorced in a court of law in India. I believe her GC must have become invalid, since it's almost 3 years since then.

Is this going to pose any issues for my citizenship ? I have since got married again and intent to file for my current wife's GC in family based category. Do you see any concerns / implications from my divorce or due to the fact that a GC was approved for my ex-wife.?

Thanks for your time and kind advice.
 
Contacting DOL.

Hello Mr. Rajiv,
Good Evening. Please see my question below in regard to contacting DOL. I'm on H1-B visa. I worked for Company A until Dec 2009. and moved to Company B. 6 years of my H1-B visa will be completed in September 2010. Company A submitted my PERM in August 2009 and not withdrawn. My company B's paralegal says that I need to provide a screen shot to USCIS that my PERM with Company A is still active and pending to obtain extension based on PERM.

Questions:-
(1) Is it possible that my Company B could write a letter to USCIS and request them to get a screen shot directly from DOL if my company provides ETA case # of previous PERM to USCIS.

(2) Is it possible that I can email DOL at the following PLC.HELP@dol.gov. I found this email address on DOL's web site to obtain a screen shot.

(3) I also found the following number to DOL 404 893 0131 where it says I could obtain my case status by phone. I tried it did not work.


(4) Is there any alternative to request DOL to provide me this screen shot.

Please provide your advise and answers on my 4 questions above. Thanks a lot for your help.

Thanks and Regards,
Kavitha.
 
H1-B transfer

Dear Rajiv Ji,
My name is Venu Gopal. I'm on h1-B visa, 6 years of h1-b will be over in Dec 2010. I worked for company A and got laid off on Nov 2, 2009. I found another job and transfered my h1-b visa to company B. Company B filed my H1-b transfer petition with USCIS on Nov 5, 2009. Receipt date on h1-b approval notice is Nov 5, 2009.

My previous company A informed me that they notified USCIS about my last day of employment as Nov 2, 2009 due to lay off and withdrawal of h1-b visa. But previous company A did not with draw PERM that is still with them in pending.


(1) How many days does it take for USCIS to revoke my Company A's h1-b visa based on request from company A from the time USCIS receives the notice from my previous company A that my employment is ended as of Nov 2, 2009.

(2) If I extend my h1-b visa based on previous PERM, are there any chances that USCIS could go back and check that my employment with company A actually ended on Nov 2, 2009, which they could not find out when I moved to company B because transfer petition to company B was filed on Nov 5, 2009 (long before CIS received notice about my termination from Company A on Nov 2, 2009.)

(3) Does USCIS considers my status as "out of status" because of failing to stay employed, because of termination from Nov 2 to Nov 5, 2009. i.e. 3 days?

Please advice me on my situation. Thank you very much in advance.


Best Regards,
Venu.
 
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