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monica1

monica1

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221(g) documents required for visa stamping

Mr Rajiv and team
thank you for the service
I am working with a company in US on H1B visa.I am the only employee on immigration status with this company.The company is a online e-retailer having 6 websites and I work for the IT dept of the company.The IT dept has around 40 employees but overall the company has close to 900 employees including the warehouse employees
I am going to Mumbai in nov end and will be going to consulate to get my visa stamped.
But I hear lot of inquiries abt 221(g) processing
Many people have been asked for state wage reports ,list of employees of company etc.
Is this a compulsory documentation
What documents should one carry for helping 221(g) processing
Usually how much time it takes once the 221(g) is issued to a applicant

Secondly by the time i go for visa application,my perm will be applied few weeks earlier.Do I need to mention this to VO if inquired
thanks a lot
 
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Employer Change

Hi Rajeev,

I am planning to join Employer B. Employer A has started my GC and my I-140 is cleared and waiting for my PD to become current (EB-2 India, i believe it takes couple of years my PD to become current). If Employer A agrees to continue my GC and if i join Employer B, What are the issues/complications arise in the future if i join employer A back when my PD become current. What are the things i need to take care of in this approach?

Thanks.
 
I'm on F-1 OPT and currently haven't graduated (working on my research/thesis). Can I apply for OPT extension (if i mention the expected graduation date)? My employer is E-verified and i'm pursuing a STEM degree. Please advise.
Thanks
 
Hello,
My parents have visitor visa and my mom visited US after that. They are planning to file family-based immigration (in brother-sister F4 category as my mom's brother is US Citizen) BUT my concern is whether will they be able to travel on their existing visitor visa after that...any kind of issues at POE?
Thanks
 
Hi

I applied for I131 based on on my pending I485 through marriage and was approved this month.

Is it safe to travel on I131 while case is pending.

What if there is an update on the case and i am not here. Is that going to impact my case because last i heard from my congressman that my finger prints expired and name check has been cleared. and now they need to security clearance.

I applied in Nov 2006 and by USCIS calander they will clear my case by this November. So is worth to wait.
 
EB3 PD recapture after I-485/EB-2 filing

Hello Rajiv,

I filed my I-485 with Comp A during July 07 fiasco. I am on 7th year H1 with Comp A. My I-485 is filed with EB2-I PD Dec 2004. My date was current for 2 months and nothing happened

I recently got approved my I-140 from Comp B with EB3 Nov 2002 PD after 6 long years.

Can i now request USCIS to use this Nov 2002 PD for my pending EB2 I-485 application. Is this called interfiling? I have seen many cases where it happens that EB3 is filed first and then EB2 mostly at I-140 stage. As my Comp B labor was stuck in BEC for over 5.5 years, it came late.

Please let me know if this is possible to request USCIS to consider my pending EB2 I-485 with the EB3 PD. If so, I want to confirm that there will be no -ve effect that USCIS will treat my pending I-485 as EB3 Nov 2002 instead of EB2 Nov 2002 PD.

From this web site http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date

Also 09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28: http://www.uscis.gov/files/pressrele...22_091206R.pdf
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.

Which of the above 2 is correct and can be applicable to my scenario? My attorney says it is in reverse order in my case and is not possible, as per Aytes memo, all subsequently filed petitions means EB3 followed by EB2 and in my case EB2 is followed by EB3. As an applicant can I myself write the letter requesting the USCIS to port my PD quoting the above and is it true that we have to repeatedly write letters to make this happen.

Thanks for your valuable help and guidance.
 
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Hi Rajiv,
I have a EAD with pending 485 and my H1B has expired last September and working with the same company(H1B company) with EAD. Now can I extend my H1B with the same company for 3 years since I have approved I 140 and come back on H1B since I do not want to extend my EAD. Do I need to travel outside and come back for the H1B to kick in OR is it not required to travel outside because the H1B and I 485 are from the same company.


Thanks Rajiv
 
RFE on Approved I 140

Dear Rajiv,

I think nobody faced this kind of situation, if you know any just let me know.
My I 140 approved from Texas Service Center in August 2008. Then later it was moved to Nebraska Service center as my 485 is in NSC. Now I changed my employer as it was already 1 year passed from the date we filed 485 and my current employer has filed H1 for me and it was approved. I received the H1 documents. Even my earlier employer is co-operative and said no problem.

Now out of blue I received a mail from USCIS saying that they sent a RFE on 140.

"Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Request for Additional Evidence Sent"

What does this mean? Does this mean that they re-opened 140 and verifying it?
I am waiting for more information from my earlier attorney.


Thank You,
Dane
 
AC21 - Question On Same / Similar Jobs

I have a question on Interpretation of Same or Similar Jobs

My Labor was Orginally filed for the Job below:

Labor filed in : August 2006
Occupation Title : Computer Programmer
SOC/O*NET(OES) Code : 15-1021.00
Prevaling Wage : 59,000/Year
Offered Wage : $59,000/Year

Job Duties : Assist with analyzing technical specs based on client
requirements. Assit with designing, testing and implementing
custom solutions.


My I-140 for the above Labor has already been cleared and I-485 (AOS) has
been Pending for more then 1 Year.

Now Another Employer is Offering me the Job below:

Occupation Title : Quality Assurance Analyst
SOC/O*NET(OES) Code : 15-1099.01
Offered Wage : $76,000/Year

Job Duties:
Responsible for assisting in the design/development of product testing/quality processes and assists in developing testing architecture equal to that of commercial quality software. Primary duties may include, but are not limited to: Monitors current reference architecture and monitors/collects testing/product quality data. Monitors functional features, performance and service requirements/components. Conducts testing to assure developed product conforms to requirements and design. Assists in reviewing an application for testing needs and requirements/design quality. Consults to projects and application support groups regarding quality and testing and may participate in the transition of software and systems into production.

I would appreciate if you can please let me know if the Above jobs
fall into Category of Same/Similar Classification for using AC-21 Portability.
 
Dear Rajiv and Team,

My case sounds too complicated to solve. I appreciate your insight.

2003
I joined CompanyA (I was with them for 4 and 1/2 yrs)
2004
In the first year, CompanyA's Attorney1 who filed my Labor, left them and my Labor went un-traceable.
2005
The replacement Attorney2 filed my Labor which never came through.
2006
So, my colleague allowed me to use his EB3 approved labor.
With which, CompanyA's Attorney2 filed I-140.
Its status is not unknown for a long time.
With my strong request, it is upgraded to 'premium' processing.
But the fee check was returned with a note saying the I-140 is already approved and premium processing cannot be applied on approved cases.
Further it said, the I-140 approval is sent was returned undelivered and do the needful.
{I don't know which address Attorney2 mentioned in I-140}
They never followed it up further.
Then the company went into bad books and I missed the chance to file I-485 when the dates became current for everybody for a short time.

2007
I transfered my H1B (in its 8th year extension) to CompanyB.
Dates were still current when I joined CompanyB for filing I-485; but they didn't as I am a fresh join.
CompanyB Attorney said,
- they will file for a new EB2 and use the priority date from my approved EB3 (Apr 2004).
- then file a new I-140.
{Is these two steps necessary? when I already have EB3 approved and I-140 approved(but I don't have approval document)}

2008
I-485 dates for EB2 went upto Aug 2006.
I visited CompanyB Attorney with prepared I-485 documentation for my spouse and me.
He says,
- instead new EB2 they filed new EB3 ? {Why do I need another EB3 when I already have one approved EB3 from the previous company}
{this new EB3 is approved}

Jul/Aug 2008
CompanyB Attorney says the following two cases pending approval
- He filed a new EB2.
- He filed a new I-140; but there came a RFE for which he replied.
- He promises (like earlier times), my I-485 and my for my spouse will be filed at the late next year summer (2009), when dates available.

After the new EB2 is approved, can I use the priority date from my approved EB3 from old CompanyA (Apr 2004), then file I-485 with that date?

Is there any possibility/practicality when CompanyB's Attorney says, I-485 can be filed next summer?

CompanyB's Attorney never gives out any case numbers, proof of documentation of any sort, also they are not allowing me to seek another attorney ?

{
i have no intention to leave this new CompanyB (desi consulting company);
as i have LOST ENTHUSIASM of "realizing my dreams in US after GC" anyway;
but my spouse who is in medical field is stuck at home, taking care of child (born in US),
awaiting this never ending EAD/GC
}

I feel 'HELPLESS' :-(

Thanking you, in advance.

With Regards
 
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Switching Employers on H1B

I am switching jobs to another company. The new company applied for my H1B under normal processing and they received the receipt from USCIS on September 18th.

My last day at my current job is October 9th and the start date for the new job is November 3rd. This makes it 24 days between jobs when I will not be working.

I have the following questions:

1) What is the maximum number of days I can have between jobs while still maintaining legal status in the US? I believe it used to be 30 days. Am I okay with the above start date?

2) Based on the current wait time for H1B processing, I will get my I-797A in 1st week of January 2009. I am planning to start work with the new employer using the receipt that I got on September 18th. Should I wait till I get the I-797A in hand before switching? The new employer does not want to wait 3 months and they are not willing to switch to Premium processing. How safe is this?

3) On 1st Jan 2009, I will have 2 years left on my H1B. What is the minimum time I need left on my H1b to start my GC process under EB3?

Thanks.
 
485 question.

Hi Rajiv,

Im currently on H4 visa which was issued Sep 2007
I was on H1B from May 2005 with company A which was closed by INS in Sep 2005 for GC scam.I applied for a transfer of H1-B which was approved without 1-94 in Apr 2006.
and I went to India in Apr 2006, went for visa validation in India and was issued 221g under Additional administrative processing and that process went on for over a year and I got married and came to USA on H4 visa in Sep 2007 and have been on H4 since then.

My husband filed our I-140 and now needs to file I-485 under EB-1 category,
Now my questions are

- Should I apply under section 245 for I-485?
- What are my options now?
- During the processing of our I-485 can I change my status from H4 to H1?
- Will my status change effect our 140 or 485 petitions in any way?

Thank you
 
H1/H4 denied, filed MTR? H1 Ext. filed-approved 4 consular processing

Hi Rajivji,

Our case is getting a bit complicated. Any help on this is much appreciated.

My 8th yr H1B extension was denied few weeks back.
My company filed MTR. They also applied for the 9th yr H1/H4 renewal on premium processing since the 8th year was already getting over and it was time to file the next extension.
H4 extension also denied for the reasons shown below.
Now the extension applied through premium processing was approved for Consular processing. But H4 extension was again denied.
My I140 was approved few weeks back. And we both do have an EAD valid till end of this year.
What should we do? Should we go out of the country (like Ottawa, Canada) and go for Consular processing?
If we do, will it have a negative impact on my 485 filing? If yes what other options do we have?

Here is reason for denial on H1B
------------------------------
They questioned the change in my last name and asked me to submit more evidence.
My company submitted probate-court approval of my name change with newspaper advertisement etc 4 weeks before the deadline.
I received email from USCIS saying they received the response.
After 7 months I got the denial letter saying that "It does not appear you have responded within the allowable period of time. Therefore the petition..."

Note:-The name change happened 5 years back. I got two H1B extensions after the name change through the same company.

Here is reason for denial on H4
-----------------------------
"petition filed on behalf of aaaaa bbbbbb has been denied. As your requested stay is dependent upon aaaaa bbbbbb's status, the requested extension of stay may not be granted"

Thanks
Avi
 
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H1B Transfer

Hello Rajiv,
I am currently working with Company-A with a L1B-Visa (with I-94 extension upto April-2010). I have applied for (2008-2009) H1B through Company-B (with a Consulate processing and not COS) and the H1 has been approved for a consulate processing. Recently I got an offer from Company-C. My Question is:
1) Can I Transfer my H1 to Company-C as a Change of Status?

2) Is it must for me to go to my Home country for Visa stamping?

2) Can I start working for Company-C as soon as a transfer has been filed?
 
Naturalization question?
--------------------------------------------------------------------------------

Dear Rajiv,
Thank you for sharing your expertise and educating the immigrant community.

I have recently started the naturalization process based on employment based GC and have the following question.

I worked for the GC sponsoring employer for 3 1/2 years prior to GC approval and 3 months after the approval. As the GC employer is winding down the business and moving overseas I left the employer in good terms and took up the position with the client.

1) Will this stay of only 3 months with the employer after GC cause any issues during naturalization process?
 
I485 Marriage Certificate RFE

Dear Rajiv,

In my marriage certificate, wife's last name is mentioned as husband's first name. In Tamilnadu, india spouse always carry the husband's first name as their last name. But she didn't change the last name after marriage in the other documents such as passport, 485 applications, it is still same as before marriage. Now we got the RFE saying prove your relationship to the primary applicant.

What options do i have now?

Do i have to get the new marriage certificate or affadavit from Father-in law saying that the both names are same is enough?

Please suggest me on this i've only 10 days left to respond to this RFE.

Thank you so much.
 
Old H1B Case reopened after H1B transfer

Hi Rajiv,

Wanted to know if you would be able to address my concerns on the issue given below:


Facts : Got my first H1B in 2007, from a desi consultancy company (Company A). After having worked with them for about 10 months, I switched to a Full time job with company B.

Company A had informed me that they were going to revoke my H1B in June 08, but in the meantime Company B filed for my H1B transfer in June 08 and the transfer got approved on Sept 15th 2008.


But after about 10 days(Sept 27, 2008), my first H1B's case with Company A got reopened which had already been approved nearly 10 months back. I received the following status update (on the USCIS web-site) on my old WAC # with company A:


Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.


My questions are:


1) What does this mean if my earlier case has been reopened? What could be the most probable reasons for this? It had already been approved nearly a year back.


2) Will it affect my new H1B with company B? (it has already been approved)


3) Is this case reopening/reconsidering a normal procedure, when someone's H1B is revoked/canceled by a previous employer?


4) I'm going for my H1B visa stamping with my new I797 to India in 1 month. Would this previous case reopening create a problem for me?



Kinda apprehensive and worried on this, so if there is anyone who can throw some light on this issue, I'd really appreciate it.

Thanks.
 
Hi Rajiv,
I received my I 485 denial yesterday and I was very dissapointed. It stated that I do not have a valid I 140 petition. This is clearly their mistake because I applied I 140 substitution (the substituted labor was in appeal and we revoked the appeal and we attached revocation approval also along with I 140). To my surprise, the I 140 is still pending.

What is the best approach for me, Rajiv for invoking my I 485 back and make USCIS rectify their mistake.
 
NIW and I-485

My I-140 approved 2006. I got an RFA Aug. 28 for my I-485 under NIW, probably as I moved. The case is with Nebraska Svc. Center. I submitted all information within time limit provided of 9/26. I have however, not heard from INS as yet and my concern is that the numbers for India ended 9/30. Could my case still be processed under the old numbers or would it get backlogged starting Oct.1, 2008 as there has been retogression again for India. Could you please advise.
 
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