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h1 extention

Since May, my h1b extention (NOT premium)is pending at vermont service center. employer received an RFE and responded. USCIS site shows they have received RFE reply in August and no response till todate. it will be 8 months in November.
Am I eligible to work in this case beyond 240 days?. Is there anything I can do to expedite(my company submitted SR still no reply). I was told that moving this to premium at this stage wont help.

I have an EAD, so if I switch to EAD and later the H1b is approved, can i go back to H1b status again?
 
H1-B Extension Denied

Hi
i applied for H1B extension from company A. when the extension is in process I applied for transfer of H1B to company B and got approved.
But later i came to know my H1B extension with company A was denied.
Below are the dates.
H1 extension file date: Jan 15th 2008
H1 extension query date: May 8th 2008
H1 transfer file date(to new company): May 30th 2008
H1 transfer approval date(to new company): June 30th 2008
H1 extension denail date: September 15th 2008

Will i be out of status?
:confused:
 
I-140 revoked by future employer.

Hello Sir,

I had H1 visa through company X, visa expiry. Date 03/2005.
-Laid off from company X 11/2004.
-Got a substitute Labor from Company Y and filed I-140 and I-485 on 12/2004, did not apply for extension on h1 visa or transfer to company Y.
-Got EAD and I-140 approval on 2/2005.
-Joined Company Z on 9/2005 on basis of EAD.
-Did not file AC21 since I had intension of joining Company Y after I-485 approval

Last week I was called for an Interview. The officer told us that Company Y has revoked I-140 in 03/2007 and attached it some other candidate. Officer gave 2 weeks of time stating file under review
In December 2007 I had applied extension on EAD without any issues.

Please suggest..





Any help is appreciated.
 
Hi Rajiv,
I am currently on H1B visa. My 3 years on H1 have expired so my employer has filed for 3 year extension. I have an approved I-140 as well as EAD card. Can you please advise on the following:
1. Can I transfer my H1 to another employer as I have a pending 485 from my current employer.If so can the transfer take place while H1 extension is pending?
2. Can I use my EAD and move to another employer. My 140 was approved Nov2007. Do I need paystubs for 6months in order to move?What are the risks involved if I decide to move to another employer on EAD?
 
Chances of I-140 for dentist, NIW case and Taking Promotion

Hi Rajiv,
Thank you very much for the invaluable service through your conference calls. The EB community including me owe you a lot.

My wife is a dentist (Masters in dentistry from US) graduated in 2006 May. She worked with 2 other employers and joined her current employer in January 2008.
The company is filing for her green card next month (2008 Nov).
The company was established on 2007 and the clinic started functioning from 2008 Feb.

Company Income
Per 1st year (Partial year) the company income are $400,000 gross and -$200,000 Net (Negative). This is partially because company was on initial stage of developing business and had $2 million spent on the newly constructed office.
The company is projected to make a Gross income of $1.5 million and a Net income $0.6 million by the end of 2008. We are worried about a potential I-140 ability to pay RFE during the I-140 stage. The company is paying the LCA salary without fail from 2008 Jan (date of hire). The company has 20 employees and my wife is the only one on H1B.

1) If INS raises an ability to pay wages RFE, as of what date should we prove the ability? As of PERM filing date or as of I-140 filing date?

2) If its based on PERM filing date should we wait until Jan-Feb of 2009 to file the PERM case so that we can potentially show the annual profit sheet as of complete 2008 year?

3) NIW: The current company is located in a medically undeserved area. After completing 3 years of service with the current company can she apply under NIW (National interest waiver) category? Is that category only for physicians but also apply to dentists? I heard that the highest category you can apply under this is EB2. What will be the priority date if my wife applies under NIW in 2011 Jan. My wife and I are both born in India. What are the chance of winning the NIW? She is an associate dentist. I heard that INS denies NIW cases unless the person is extra-ordinary holding a manager/lead position or someone making big contributions to the country of united states.

4) Taking Promotion in future The current PERM filing is going to be done for the position "Dentist". In the future can she accept a promotion as "Dentist (Lead)" if offered by the company? Will it invalidate the green card application.
If we accept the promotion in future can we use the same PERM application without filing another PERM for "Dentist (Lead)" job (jobs are very similar) . She is now a "Dentist(Associate)" and job duties between associate dentist and lead dentist are 70% the same. The lead dentist will have additional duties like oversee day-to-day operations/Supervisoin.
 
Hi Rajeev

Thanks for your great service!!
First H1 with Company A in 2004.
Moved to Company B(consulting company) end of 2004. Currently on H1 extension (Visa restamped in Feb 08/valid till 2010). GC Perm-EB3 category. 1-140 Approved mid 2006. I-485 applied in July 07 and Pending in TSC. Recently received 2Yr EAD extension (after initial 1 yr). AP has NOT been applied.

Received notification that client project ends in a week or 2. Employers policy is to notify INS 30/45days after end date. Planned a visit to India for couple months.

My questions are:
1. Is it safe to travel w/o AP in this scenario (with valid H1 Stamp)?
2. If Employer notifies INS while employee is on vacation, would employee be allowed at POE with a Valid H1 Visa stamp?
3. Are there any consequences for Spouse a) working on EAD/travelling to India on AP; b) working on EAD and not leaving USA?
4. What woud happen to GC process if employee transfers H1?
5. Is there any other way to travel w/o jeopardizing the GC process?

Thank you very much for your inputs
SK
 
cuncurrent filing I-140 & I-485

Hi Rajiv,
I have a questions regarding I-140 & I-485 concurrent filing.

1. What are the requirements for filing I-140 and I-485 concurrently?

2. Is it mandatory to have priority dates current for filing I-140 and I-485 concurrently?
3. My I-140 receipt Date July 9th 2007 and noticedate July 12th 2007. I saw
processing dates for I-140 moving forward and backward beyond my I-140 date, but so far there is no update on my I-140. When I contacted my lawer and employer requesting to write a letter to TSC, he says, if he writes a letter to TSC, they will send RFE on I-140 so keep quiet. I have strong feeling that the USCIS is not updating the status properly to check in website. The reason is, I got EAD a year ago and it is still showing pending in USCIS website. My wife(dependent applicant) got EAD a year ago and still showing pending and the EAD got already expired and also she got renewed EAD which is showing approved. Can you please give some suggestion how to proceed in this situation?

4. My wife got a job and her employer willing to sponser GC seperately. Can I include my name as dependent with her GC or shall I wait until her GC processed?

Thanks & regards,
Mohamed.
 
H1B transfer related question

Hello,

First I will explain my situation here. I am on H1B and planning to change job soon. However there will be a three months gap between the job change. My current employer agreed for me to take a leave of absence for three months without pay. That way my H1B will not expire before I file for a transfer.

1. My question is, I have seen that I have to submit my recent paystub with the transfer application. If I am unpaid for next three months I can't do that. Will that raise a problem during the H1B transfer ?

2.Can you file for a transfer while you are on leave of absence ?
 
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Change of employer after I140 with out filing 485

Hi Rajeev,


Here is my situation. I have got my I140 approved from my current employer in EB3 category. I got my I140 approved 2 months back. My 485 is not filed yet. I still have 3 years H1 visa pending.

1) Now if I decide to leave my current employer and join another company is there any way that I can carry my priority date when i start green card processing with my new employer.

2) After I leave my current employer, can I request my current employer to continue my green card processing .can my current employer go ahead with my green card processing even after i leave the company . Or should I start my GC all over again from start with my new employer.

Regards,
Tarun.
 
Conference call - Questions on consular processing

Dear Rajiv,

Thanks for your great service. I wouldlike to get your valuable advise on the below situation

1.When EB3 AOS pending, Can EB2 filed to port PD and as well select the consular processing instead AOS.

2.When AOS pending, can a person leave a country and comeback once GC is approved.
 
H4 to H1 without quota

I was on H1 for 3 years and then transferred from H1 to H4 in dec-2007. I was told that if I apply for H1 within 1 year from Dec-2007 that I need not apply thru the new H1 quota. Is this true. If not, I will have to wait until Oct 2009 to get my H1.

Is changing from H4 to H1 similar to H1 transfer.

How can I find out if my previous employer revoked my existing H1 or not. Even if that H1 is revoked, can I still change from H4 to H1 without quota.

Thank you
 
Dear Mr. Khanna,
First, Thanks a bunch for this great service.
I have a conditional green card expiring on dec 10, 2008. My wife and I are separated right now and possibly heading towards divorce. I will have to file I-751 without her with divorce/separation waiver. My questions are:
1. Can I apply for H1B (as it is a dual intent visa contrary to F-1) through my company right now or should I wait until the outcome of my I-751 ? What is the best option- stick to I-751 or bail out and go for H1B? I do have sufficient proof of our lives together, I think.
2. a) Considering if I stick with I-751, If she withdraws her financial support (I-864), can I sponsor myself if I am making enough money ? If not, the sponsor can be non-relative also?
2. b) In the worst case scenario, if she/her folks decide to take revenge on me and call USCIS, how does it affect the decision?
 
Regarding I-797 and other H1B documets

Hello Rajiv,

I was on H4 till 2007 Oct. H1B was filed for me which was valid from 2007 OCT, but I never worked. As soon as I found I was out of status, I went back to India and came back on new H4. Employer never gave me a copy of I-797 or labor application. My concern is do I need those documents, in future if some other employer sponsors my H1B or any other immigration purpose ?

My employer for some reason is not willing to give a copy of those documents.

If I do need those documents, is there way to get a copy from USCIS or DOL?

Thank you very much Rajiv for your time.
 
j1 question

Hi Rajeev,

I have used up 4 years 9 months on H1-B visa before starting residency and so my questions are:

1) will i get a j1 waiver job with only 1 year 3 months left on my visa

2) if i start my GC processing in the 1st year of my waiver can i extend my H1 visa based on pending GC

3) do J1 waiver jobs have any requirements on the number of years left on the H1-B visa
 
US Citizen sponsoring H1B wife for Green Card

Thanks Mr.Khanna for your time and service.

1) I got married last year here in US when I was a green card holder.I'm now a Citizen and planning to sponsor my wife. My wife came to US in 2007 using H1B visa. She has pay stubs only for 4 months in 2007. She has all pay stubs for 2008 until now. Will this out of status be an issue when I sponsor her for Green Card.

2) My wife (a family friend before marriage) stayed with me (while working) since the time she entered US (H1B) as she did not have other friends or relatives here. We eventually got married after 10 months. Is there a chance for INS to think that she came here to US to get married to me since she was staying with me from day 1. Actually for 4 months she had to work and stay in a differnt state and was not staying with me during that time.

Thanks
 
I485 and Prevailing Wage issue

Hi Rajeev,
First of all, thank you for this service.

Here is my Q --
PERM approved and I-140 pending (no questions asked yet). Current base salary below the prevailing wage specified by DOL for the job description.

If other salary components {like bonus (performance-based) and profit sharing (fixed and non-performance based) and matching 401K contributions (fixed and non-performance based)} are considered, the annual salary easily goes above the prevailing wage specified by DOL. The annual salary shows on my W2.

In such a case, is it required to wait to file my I-485 until the base salary goes above the prevailing wage specified by DOL?

Thanks,
NikhilR.
 
Political Asylum Question

Hi Rajeev,

This service is the best I have ever seen. You help so many people, thank you for your generosity.

I have a two-part question about a political asylum case.

Some quick background: I do aid work in orphanages in Ukraine. During this work I met an orphan long ago who later we sponsored to come to US to study. He is 16, now lives with us in US and has a J-1 visa. Learning more about his life, we realized the intense persecution he suffered (it is a complex story, his persecution was at hands of government authorities, including slave labor.) We went to a local immigration lawyer (we are in the midwest) who said that he can clearly show former persecution and reasonable fear of return (they know all these complex details of our case) but that showing orphans to be a social class is not likely, even though this is a label that officially follows a person in Ukraine for life. They also said BIA is being very difficult on this issue now and it is too risky.

They said that if he applies for asylum now (he is a minor, almost 17) that he will never get another education visa in the future. They said our other option to keep him safe and here is to transfer to an F-1 next year to complete high school, then stay on F-1 through university, then hopefully to get an H-1 and file for green card.

So here are two small questions:

1. Do you think that it is useless to try for asylum using orphan as a social class, if we can show that there was serious persecution by government because of being an orphan, and serious fear of return?

2. If we did try for asylum, does that mean he will be turned down for a non-immigrant visa (F-1, H-1) in the future (will the USCIS see this as 'intent to immigrate' and deny?) He is capable of graduating university, very bright, high marks in school, etc. If he were denied asylum we don't want him to then get no education...

Thanks!
 
Hi Rajiv:

My wife & I are both getting our GC process started with different employers at approximately the same time. However, she qualifies for EB2 whereas mine will be filed through EB3. Her company lawyers have asked if she wants the spouse included on the application?

1) Am I allowed to be on her GC application as a dependent and have my own company sponosr my GC through EB3 at the same time?

2) Do you think I should just file seperatley via EB3 thru my company and later jump onto her application as a dependent? In that case would I have to withdraw my EB3 based GC application with the current company?

3) What is the latest stage that I could be added onto her application?

Is it after I-140 is approved ?

or

Does it need to be before I-485 is filed or can I be added even when the I-485 is pending?

Thanks for your help.
 
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H1B Transfer After Using Advance Parole

work for Company "A", they have sponsored my Green Card.
I-140 is Cleared and I-485 has been Pending for more then 1 Year.
I am currently on their H1B and the H1B Approval is valid until 2010.
i am currently on 8th year H1B,

i have travelled outside US and have entered USA on Advance Parole.

1. I wanted to know if I can do a H1B Transfer after using Advance Parole
2. Do i need to go out of US for Stamping or the new H1B will come with I-94.
3. I was on Vacation in India for 1.5 months, hence i dont have any paystubsfor this period. Can i Immediately do the transfer after i enter US.
and submit pay stubs which are 2 months old.
4. What are the chances that USCIS will ask me to go out of US for stamping.
 
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