Conference Call on Nov 18 - Recording available for download

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monica1

monica1

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Recording available for download.
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 : Dec 2, 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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HI,
I have L2 EAD and I'm working for USA client remotely in US. I have got my Canada PR. Is it legal to continue my work for USA client remotely even after moving to Canada?
Regards,
Pallavi Tagore
 
I am currently working for company A as a contractor via a preferred vendor Company B, and my employer is Company C. Now my client company (Company A)has offered me a permanent position with them, thus would there be any hassles while doing an H1B transfer to my client company(Company A) from my employer(Company C) due to the employer/employee relationship memo.? If the above does not pose any problem, could you please point out some documentation that states the above is perfectly alright, as the Client Company (Company A)'s lawyer believes that the above case is an issue, and the lawyer says that for transferring H1B to the client company(Company A), employer/employee relationship should be satisfied with my employer(Company C).
Regards.!
 
Citizenship application in san Francisco - long delayed with unknown reason

Hi Raj,

Thank you in advance for your advise. I submitted my application for citizenship on March 5, 2010. I had my FP on 08/26, and currently, I am waiting for my decision letter. I have called and made infopass appointment, but I had no luck on finding the reason why application is delayed. Do you think the delay means that my application is rejected? I have no criminal records, and I passed the test. During the interview, the only thing that I wasn't very sure was the length of stays on prior addresses because they happened years ago, and I forgot to make a copy of my application. I am very anxious of waiting. I received an advice that I should get a very good lawyer, but I try to avoid the cost unless it's necessary (ex: application rejected). Few notes that may help are: I apply citizenship based on 5 years; however, I am married to a US citizen (1 year ago), and I changed my last name according to my husband's last name.
 
Hello Rajiv,

My parents overstayed 20 hours (on visitor visa) during their last visit to US. Is the current visa will be voided in this case? If Yes, do they have to go to consulate in home country again for the visa? Will overstaying 20 hours will be an issue for the visa? Will visa officer gives the visa if they show convincing reason for over staying 20 hours?

Appreciate your help.

Thank You
 
EB3 to EB2 move

Hi Rajiv,

I am in Eb3 485 stage since 2007 (priority 2003). Few months ago I changed jobs within the same company. New job is more than 50% different (at least lets assume that for current set of questions) I am planning to move from EB3 to EB2 in same company using my work experience (3 out of 5 yrs needed) from same company. (I understand most of the risks of using experience from same employer from answers in your forum and understand this is not easy). But I have few other concerns for which I could not find definite answers.

1. My new position comes with promotion would that cause a problem for the EB3 to EB2 move ? Is promotion relevant at all for this EB3 to EB2 move in general ? I would not think title changes is as important as job description but need advice.

2. If EB2 is rejected or denied would it affect my Eb3 application in anyway ?

3. My wife is working on EAD (which she got because of me). Is there any risk that she might have to leave her job in case anything could go wrong ? (I am maintaining my H1)

Thanks
 
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Hi Rajiv,

1) I have got my GC on Aug'10, I would like to change my employer to take full time option, is there any specific duration that I need to work for my employer who sponsored my GC. I keep hearing 6 - 12 months and some people say 90days should be good enough. Pl. advice.

2) Also as I am consulting, would it create any issue if I work for multiple employers within 2 years after my GC.

Thanks,
 
GC (I-485 stage) filed by one but currently working for another

Hi Raj:

Here is a twisted scenario related to my GC processing.

I was with a company A on H1-B a while ago and he placed me to work
for company C thru a vendor B for 2 years. During this time, Company A
filed for my GC including I-485. Right around this time, Company C
being interested in me tried to hire me directly. Having not agreed to it, I
told company C that my GC processing already got started with Company A and so
its in my best interest not to take that offer. Then,
Company C talked to Company A and some how worked out a deal eliminating
Company B in the middle which Company B was not aware of in the least. After while
Company B sued me, Company A and Company C. As part of settlement
reached because of the lawsuit, Company A who was my employer
forced me to take the offer made by Company C. I, having no choice and
because of the economy, took the full time position offered Company C who
sponsored H1-B rightaway. Somehow lawsuit is settled and now it has been
2 years since I left Company A. When I left Company A, I-485 filed by it
has been pending more than a year.

My recent H1-B petition from Company C considered the GC filing done by
Company A and extended my H1-B past 6 years but no AC-21 is filed so the GC
processing is moved or continued with Company C rather than from Company A till date.
Company C is ready to do what ever is needed to get receive my GC.
My intent would be even to work with Company C after I get GC too. My priority date is
only 6 months away from what is now currently. I even received my third EAD and
third Advanced Parole a week ago. I never used either of them till now.
I am still on H1-B (valid till 2013) and planning to get married early next year in India.
My duties and position are same even now or when I was with Company A.

I am trying to find out is there any thing I should do or worry about my GC processing.
Would I face any issues in obtaining GC for me or for my wife after I get married?

Thanks for your time.
 
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Hi Rajiv Ji,
Thanks for all your valuable suggestions.

Here is my question:
Q: My Son is on H4, completing his high school next year in MO, planning to go college in TX. Can his Uncle (US Citizen) become Gaurdian/Sponsor (to get him in-state tution & to take care of his college education). Is it legal. If so,
what paper work we need to submit to USCIS.

Thanks Again,
Sai4GC.
 
Hi Mr. Rajiv,

I am currently on H1B (valid till 2012) and I am going to apply for green card through my USC husband. The only document that I have problem with is my birth certificate.

I have my original birth certificate but it has a different name on it. I am unable to get the name corrected on my original birth certificate.

I was born at home and since the birth had to be registered, my grandfather registered it with name "A". That name was never used and I was admitted to school with name "B".

All my high school, graduation certificates, DL, passport, ration card, voters ID, H1 visa, marriage cert. (any official document) have name "B" on it.

Should I go ahead and submit the BC with wrong name and also submit affidavits from parents, relative and the BC from Indian consulate with name "B".

Will it be too confusing?

Q1. Any suggestions what documents I could submit to avoid an RFE?

Q2. If with some miracle I am somehow able to get a new birth certificate with my correct name but current registration date (like today) and issue date, will that be a problem?

Q3. I have been married for more than 2 years but I dont have my husbands name on my passport. Does that make a difference?

Thanks for your time.
 
Hi Rajiv,

I am right now in US on L1 visa and my employer is going to file for an fresh H1B for me.

As per my current understanding any travel abroad while a fresh H1 application (with COS) is pending,
it results in COS application getting abandoned but no effect on H1 application(i.e this action does not results in rejection/cancellation of H1, nor it increases the chances- only COS gets abandoned).

My questions are when I travel once my H1b is pending:
1. What would happen if H1b gets approved while I am in India.
Can I come back on L1 and apply for a COS later on(or travel back to India,get H1 stamped and come again)

2. What would happen if H1b is still pending while I come back on L1.
Can I apply for a COS to H1 later on(or travel back to India,get H1 stamped and come again)

I understand that travel is not a safe thing to do while h1 is pending but in my case travel is must.

Any response is greatly appreciated.

Thanks,
--Gaurav
 
Hello Rajiv,

I am an US citizen and will be getting married next month in India. I have researched the process of bringing my wife to US after marriage (by filing I-130) and based on personal Experiences of different people shared online, it seems like, it could take 5 to 8 months for my spouse to get US visa in hand.

My question is:
  • Are there any other Visa options/paths for me to bring my wife here in US that may initially be quicker than I-130 and do they pose any risks in getting I-130 approved later (one spouse is in US)?
  • Secondly, Is it better to file I-130 from India after marriage (i.e. American embassy, Delhi) or should I file I-130 from US after coming back, which one results in to quicker processing/approval?

Please advice, Thanks…
 
Travel Urgent

Hi Rajiv,

I worked as a clinical Research associate for a university and they applied for my I-140 which was approved and I switched to a Internal Medicine Residency in a different state in a different hospital. I have all intentions to go back to the job( green card) after I finish residency . I am currently in my 9th yr of H1B and have a approval notice till dec 2012.
1. Can I travel to India safely and apply for H1B stamping? ( will I need any documentation from my previous employer about my I-140 approval?) since I will be requesting for 10 and 11th year of H1B.
2. If my wife travels alone will she have any problems in coming back on H-4? ( she is currently on H4 ( approved but no stamp) and also has approved I 140 from a company for whom she is not working as her H1B got denied from that company)

Please help,
Thanks
 
H-4 to L1 to possible green card??

Hi Rajivi,

My wife has a I-140 approved from a company and her H1B was denied later for the same company ( same job title /description/salary). Now she has to wait for priority date to be current before she can work for them ( EB-2 2009). My question is that can she go to India, get employed by the same company there ( they have operations there ) and get transferred here on L-1? will she be able to utilize the I-140 after being on L-1 or does that nullify the green card process??
 
Hi Rajiv,

My PERM has been audited with priority date of Oct 2008. H1B has been extended for the 7 th year and is valid till Nov 2011.
I want to change states and work for the same employer in different office. My questions are,

1. Do I need to get H1B modified if I move to a different state?

2. When I apply for an H1B extension in Nov 2011, if my I-140 is not approved by then, would I get an extension based on PERM application from a different state?

Your answers/suggestions are much appreciated.
 
Hello Sir,

My H1b employer didn't pay as per LCA, so I filed a WH4 complaint with DOL and recently received my back-wages. However, I have not received any interest on the back-wages. Can I request a hearing with ALJ(Admin Law Judge) for the same?

Also, DOL has told me that now for next 1 year I can not file a private lawsuit against my employer for back-wages. However, my employer has done some visa abuses with other employees as well and we are planning to sue the company. So, legally can I be actively involved in that?

Thanks
 
Hi Rajivi, I have some questions and I would like to ask for your help

I am a J1 holder and 212(e) applies to me due to the skills list. I have done some research, and it seems that I would require a waiver based on "no objection letter" from my country. According to USDS, I should start my solicitude of a waiver, they will give me a study case and then I should ask to the embassy of my country for the "no objection letter". However, according to the embassy of my country, it seems that it is possible start with the solicitude of that letter before to open a case with USDS (since to get the letter from my country will take up to 5 months) and later refer to them the process code provided for USDS. Q1-if I do that, is it going to be acceptable for the USDS agency?

Q2- I have had three DS-2019 and one extension. I don't have my first DS-2019 and its extension for one month. Is it going to be a problem for asking for a waiver (since they are asking for all of DS I have had)? Note: I have the last two DS-2019 in which the 212 (e) applies to me.

Q3- If I ask for a waiver while I am at US, but I have to depart to my country (because my visa will expire), am I going to be able to continue with my case or it will be canceled and I’ll have to fulfill the 2 years home requirement rule?

Q4- If I leave US, is it possible to start the solicitude of a waiver from my home country or immediately I will have to fulfill the 2 years home residence rule?

Thanks
 
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Questions about my OPT renewal and H1B stamping for my fiance

Hi Rajiv,
I am an OPT student. My OPT will expire on April 29 2011. I need to apply for OPT extension. Can I travel to India while My OPT extension is pending? If my OPT extension gets rejected what are the other options to enter USA. Can I come back on H4? Please suggest me with the best options.

My other other question is : My Fiance is on H1B visa.He transfered his H1 from one company to another company 3 months back. For the first time stamping does he need to go to his home country(India) or can he go to any other country like Canada? Can you please suggest the best place to get his stamping done? Thanks!
 
Question on visitor Visa

Hello Rajiv,
Thank you very much for hosting the call, its really helpful.

I am planning to sponsor Visitor visa for my parents. My mom needs help to get around and we do have someone back home who helps my mom. Is it possible to sponsor visitor visa for her as well to travel with my parents, if so do I need to submit any additional documents... Really appreciate your advice.

PRV
 
I485 Case transfer from TSC to NSC without any reason

Hi Rajiv,

I applied my 485 in May-2010 to TSC with EB2-I140-PD-May-04 (ported from substitue EB3 to EB2 ). Both my I140s and I485 have been applied to TSC.Fingerprinting completed in July..Last month i contacted my congressman to inquire more about our cases, they told me that my case is with officer. But suddenly after a week, they called me and informed me that my entire A-file has been transferred to NSC because they want to inquire more about my already approved I140..I also received mail notice from TSC that my case has been transfered to NSC..Congressmand office again updated me and told me that NSC is doing some extensive background check which will take 6 weeks and then it will be assigned to adjudicating officer for final decision

Now I am little concerned..Can you pls. help me with below questions ?

1) I don't understand why they had to transfer my case to NSC..Because i have never submitted anything to NSC (execpt for the fact that for my first EB3(substitue) I140, my company's office was in one of NSC states but my both i140s were e-filed and sent to TSC only) ?

2) What kind of background checks they are performing ?.Because i believe TSC must have already performed regular background checks in 4 months ?

Thanks
 
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