Conference Call on May 27, Recording available

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monica1

monica1

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Recording available for download for May 27 call. 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: June 17, 2010

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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Hello Rajiv,

If i were your client, what would you advise me for my case below:

Currently on part time H1 which expires in July 2010, GC sponsored by same company who has sponsored my part time H1
and I140 approved and 485 pending....... what would your advise be if i were to go for my H1 part time renewal??

Appreciate your advise
 
Hi Rajiv,

May 10, 2010 was my notice date (I- 797C) for my Interview regarding my resident card for July 1st. I used to have the H1 B visa. Six month after I got married, I decided to apply to have my residence card thru my wife (March 19th). On April 3rd, I went out of the country and got Advance Parole. I lost my H1 B visa and now I am on Personal Leave in my job. I have been waiting for my EAC to go back to work. How long do you believe it will take for me to receive my EAC?
On my medical exams for the immigration the Doctor forgot to sign one of the pages, so I had to send once again. The USCI received for the second time on April 29th. It is about a month now and I have not received my EAC. My Company is only going to allow me to be on personal leave one more week. I am very nervous and I really hope my work authorization will arrive this week.

Thank you for you advice.

Itajuru
 
Hi Rajivji,
Thanks for your Service.

Iam posting this question on behalf of my friend, who is in India at present. He came to US on B1 last year. Applied for extension, But never recevied extension still it is showing as pending status in USCIS website. He thought it will come, and he stayed extra 6 months, than permitted on his I-94. His question is, can he come back again. As he is having a multiple 10 yrs visa. Is there any issue involved ? Please advise.

Thanks
Sai.
 
Hi Rajiv,

I am currently on a H4 visa. A friend of ours has opened up a for-profit LLC. He is based in Dallas and would like to open up a center in Austin (where we live). We would like to help him get started by setting up the center at our house. I would like to know if I can work as a volunteer for his LLC. Right now, his LLC has no other employees (he manages the center in Dallas). I will not be paid, in any form, nor will I receive any benefits for the the work I do. My friend has no intention of applying for a working visa on my behalf ,at any point in the future, either. Please let us know if there are any issues involved with me working as a volunteer? Also, what kind of document would we need from my friend, if any?

Thanks,
Tania
 
EB3 to EB2 Transfer

Hi Rajiv, Thank you for offering this service. I am on EB3 I-485 pending state for last 5 years and exploring
other options...
1. What does it take to transfer from EB3 to EB2 through my current company? I have around 10 years US experience with one promotion only. Is that ok?
2. Is it possible to apply for a new EB2 through a different employer while working for current employer?
3. Am I eligible for consular processing? Can you brief me about consular processing?

Thanks a lot for you service again.
 
Options for H1/H4 etc..

Hi Rajiv, I wanted to know what is the significance of bringing one's wife to the US on H4 dependent visa as against a non-dependent H1/F1visa (say), from the point of view of marital discord later on in life, i.e in case of seperation/alimony etc... I know Im sounding a bit paranoid but one of my friends went through a bad experience and said he ended up paying a large amount (around 150K), even without kids, primarily because he brought his wife in on a dependent visa in the state of New Jersey and I plan to get married in August.

Also, How easy is to port between H1 and H4 and what are the costs involved? I am planning on getting an H1 filed for her, but she may not be too keen on working in the first 6 months or so after marriage. so want to know what are the complexities involved in switching between say an H1 and H4 visa and back.

Greatly appreciate the help you are providing to this community,
 
Hello Rajiv,

I appreciate your feedback on this. Recently, GC was approved for me and my wife. I had filed labor in 2005. Then in July 2007 filed for I-485 since the PD were current. I-140 approved in 2008. Labor is filed as Associate degree + 6 year related experience. I have bachelor's + 10 years experience currently. But when labor filed in 2005, I had bachelor's + 5 years experience and I had promotion. ALthough, my I-140 says EB3 category, is it possible I am approved in EB2 category. Will my labor cert. qualify as EB2?. Please advise.
MAA
 
Question:

Hello Rajiv,

I have applied for GC for my parents who came here on March 13th. I have applied for both 1-130 & 1-485. Their finger prints are done and interview is scheduled for June 24th. I have one concern which is my mistake on my Tax return. I have claimed my parents as dependents for last 2 years even though they were not here. It was a honest mistake. I thought as long as I am sending them money I can claim them as dependents. Now during interview with Immigration Officer if he catches this, then can it cause any issues with the petition I filed? Can he deny the petition? Please advise what I am suppose to tell him if he asks me why I claimed my Parents as dependents while they were not even here.

Thanks in advance.

Sajjad.
 
Green card for My Parents

Hello Rajiv,

I have applied for GC for my parents who came here on March 13th. I have applied for both 1-130 & 1-485. Their finger prints are done and interview is scheduled for June 24th. I have one concern which is my mistake on my Tax return. I have claimed my parents as dependents for last 2 years even though they were not here. It was a honest mistake. I thought as long as I am sending them money I can claim them as dependents. Now during interview with Immigration Officer if he catches this, then can it cause any issues with the petition I filed? Can he deny the petition? Please advise what I am suppose to tell him if he asks me why I claimed my Parents as dependents while they were not even here.

Please advise.

Thanks in advance.

Sajjad.
 
140 -NIW Approved Priority date July 07 ready to move back to India.

Hi Rajiv,
I have approved NIW with priority date of July 07 and am not able to file I 485 as the priority dates are not
current.
I now plan on moveing back to India and come back to US once the priority date gets current and then apply
I 485.
Can you anticipate any issues and advise me of any complications.
Thanks
 
Rajiv,

How are you? I have three questions.

1. I have Green Card. Now I am laid off. If I take insurance through COBRA will it have impact for my Citizenship process. Will they densy citizenship if I take insurance through COBRA till I find the next job.
2. Now I have the Green Card is there any restrictions on what area I can work. If I work in a area other than my original labor certification area will it result in my citizenship denial. For example if I do a start up company which will not have revenue for a year will it impact my citizenship.
3. Now I have the Green Card if I take off from Work and go to school for two years will it result in denial of my Citizenship.

Thanks,
 
Hi Rajeev,

I graduated recently from a university in Los Angeles. i was working on campus and now I wanted to continue to work there even after I graduate. My boss wants to hire me but he wants to do it through a temporary staffing agency. I have my EAD card and can work for any employee in US provided if the work is related to my field of study which is the case in this job. Can you suggest me how to go about in this and where i can find such agencies in LA who deal with such situations?
 
Dear Rajiv,
I'm currently on 5th year of H1B, I-485 pending for more than 180 days & holding valid EAD. I don't intend to renew H1B after it expires next year as I intend to find a new job using EAD. Can I work fulltime on EAD with an expired H1B? I don't want to invoke AC21 as it scares companies away when I mention H-1B. If I work full time for new firm using EAD with expired H-1B and my I-486 is adjudicated, will an EVL from new firm confirming employment and similar job description to original LC suffice?

The contract I signed with my immigration attorney states that he will revoke I-140 if I quit or get laid off from sponsor firm. I applied for the EAD myself and assume that my attorney will not know that I switched employers unless I told him myself? Is it true that my attorney revoking I-140 won't affect me since I-485 pending > 180 days? I already sent letter to revoke G28. If an RFE is issued, will an EVL from new firm suffice given that I'm working on EAD?
 
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Hi Rajiv

The h1b transfer to Company B to whom i was working got denied a month ago with the reason as "Failed to prove employer employee relationship" and i checked with company A and they cancelled my previous h1b.
Company A h1b I94 was valid till Feb 2011 but is cancelled now. And in the company B denial notice they mentioned that "i may remain in the current non immigrant status until the expiration of date indicated on form I94.Should the beneficiary fail to maintain nonimigrant status or said status expires the beneficiary must depart united states"

We appealed the denial decision with the following documents.What do you think is the best way to go about it.Either to stay here in US until a decision is heard or leave the country?As of today its been close to 40 days since the transfer denial
Also as i didn't get the client letter due to client company policies and myself being a contractor there, what are the chances for approval now? And finally will my decision be any different as my I140 is in process with COmpany B and i received an RFE for that just yesterday , yet to know the RFE details.If i leave US can the I140 still go on by responding to the RFE?

Vendor letter
Paystubs
Company B Employer Timesheets
Company B my performance evaluation documents
Client site id card

Thanks
 
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Hi Rajiv,

I am a Canadian citizen. I have H4 status and my husband H1. We are in AOS for GC and received EAD and AP last month. I will start working using EAD either in June or July. I am going to Canada from June 15 to July 5 without my husband. My husband is still in H1 status. We have never been out of status. My questions are about my travel, on the way back:

1) If I have not started working when I travel, can I choose either H4 or AP to come back? Which one is best? (I will for sure use EAD after I come back)
2) If I come back on AP, the only thing I need to show them is my passport and my two copies of AP? Is there any other documents?
3) Coming back on H4 has always been a breeze but I read that coming back on AP may be more complicated. Some people have to go to "secondary screening" and wait again (sometimes 1 hour). I don't know what secondary screening is but I will be between two flights. I really don't want to miss my second flight to the point that I'd rather start working in August if this is going to give me trouble (additional wait time) at the border. Please give me your advice on this and let me know what secondary screening is....

Thanks!
 
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Hello Mr. Khanna

I got married to my husband in July 2006 - we had a Hindu marriage cermeony solemnized by a priest, but we did not register the marriage since we did not think it is mandatory. He was a permanenet resident at that time and I had a L1 visa. I entered the US on a L1 visa in November of 2006. In October of 2008 I got a H1b through another employer and am currently in H1b status. Last week, my husband got his naturalization approved. Now we are getting ready to apply for my Permanent Residency thru being married to a US citizen. Since we did not register the marriage in India, what options do we have? From browsing thru some forums we are considering the following options:

1. Apply with some kind of affidavit from the priest and parents.
2. Get the marriage registered in the USA - but for this I guess we actually have to apply for a license and get married. Not sure if this is legal since we are already married as per Indian customs.
3. Last and final option we are considering is to go back to India and get a registration certificate - but we are trying to avoid this option since we cannot take vacation right now. Also, I do not have a mutliple entry stamp and I would prefer not to go thru that hassle.

Another question - in 2008, I was out of status for 5 months since my employer did not pay me. But after that, I have all the paychecks. Will this cause any issues firstly in the green card process? Secondly, if I decide to go with option # 3 above, will it cause any problems during multiple entry visa application?

Thanks a lot sir.
 
Hi Rajivji

Thanks for continuing this great service for immigration community.
I have spoken to you in past also , and you may remember me
My question is again about CSPA .
I know that at present USCIS is not allowing retention of priority dates for aged out child in Employment based cases , and this postion has been challenged in Federal Courts.
Assuming that Federal court allows retention of dates in employment based cases also......
My question is that if you port your EB3 dates to a new EB2 I-140 and link your pending 485 to new I-140 , will the child who was named as derivative beneficiary in previous EB3 application and who aged out will be able to retain the old dates under CSPA when parent files I-130 for him after parent gets green card based on new I-140 ( by the time the new I-140 was filed the child was already more than 21 years old whereas at the time of filing previous EB3 I-140 the child was under 21)
Thanks again and regards.
 
Hi Rajiv,
Thank you for the opportunity to receive a quick advie from you.
I am US Permanent Resident throug asyum. I don't have a passport. But I have a valid Green Card and a state ID. Will I still need a travel document if I fly to Canada? The law says US residents can show their GC card to enter nad reenter Canada.
I do appreciate your time.
Ha
 
Dear Rajiv,

Thanks for your great service. My 485 and my wife's 485 petition filed at the same time and we both had received EAD.Couple of weeks back my greencard is approved, but wife's case was pending and then when we went for infopass we came to know that USCIS rejected my wife's case due to refund requested by other service center (We never requested refund and god knows what happened).

Again, we reapplied my wife's 485 ( as a new petition) ,paid fees again. Priority date is current now , and 485 is pending and she received FP appointment for next month. Now my question is

1. My wife's EAD valid till 2011 (EAD based on first 485 application),Can she still use it for employment , even though first 485 considered as rejected.?
2. Or, Do we have to reapply EAD based on her second 485 application? , If we reapply, should it be under "Replacement EAD" or "New EAD" ?
3. How do we know her current EAD is still valid or not ?
4.How do we get back the fees that we paid for first time 485?

Thanks again ,waiting for your response.







y wife's I485 petition was pending and she received her Ead

Sent from my iPhone
 
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