Download Recording for August 9 Conference Call

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Dear Mr Khanna,

I appreciate your time and patience in answering questions from different people on immigration.

I am in situation and was hoping to get advice/guidance from you.

Questions:

  • Is Software Engineer and Project/Program Manager considered “same or similar” job profile? Both the jobs are with companies in the same industry/field.
  • If changing jobs after 180 days Software Engineer’s position to a Project/Program Manager would AC 21 apply?
    • If it does apply what is your advice as my next steps?
    • If it does not apply, can I use interfiling? Can I have the new company interfile a new I-140 even when PD is retrogressed?
    • Should I withdraw my existing I-485 application and file fresh?
  • If changing jobs before 180 days from a Software Engineer position to a Project/Program manager’s position would AC21 apply?
    • If it does apply what is your advice as my next steps?
    • If it does not apply, can I use interfiling? Can I have the new company interfile a new I-140 even when PD is retrogressed?
    • Should I withdraw my existing I-485 application and file fresh?
 
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DWI and Green Card

Hello Sir,

I just filed my 485. I have a DWI from 2000 in Texas. The max term is 6 monts in prison. I pleaded no contest and recevied 18 monts of supervised probations and 96 hours of community service and fines. I completed all of the obligations with no issues. I have since been able to get H1 extension here in US. I have not attempted to go out and actually get a stamp on my passport. No my question is, will the DWI cause any problems in my final stage of my Green card. I have read many places that firt time DWI is not considered to be a problem since it is a regulatory offense and courts have ruled that it is not cimt.

Your answer will be greatlly appreciated.

Thansk

I am in my 9 year H1 now.
 
Dear Mr Khanna,
First, let me thank you for this awesome service you are providing via your web site and Con. Calls, a true public service.

I am in situation and was hoping to get advice/guidance from you

I am from India(Born N Raised) on an H1, wife from Canada(Born N Raised) on J1(physician).

I have my labor approved, but the problem is that my lawyer passed away and there is no 1 in his corporation that does Immigration except for the paralegals. As far as laws, the paralegal know nothing about J1 or Cross Chargeability. I cannot get a lawyer a week before the deadline of Aug 16, so my dilemma is that I have to work with a non immigration lawyer to file my paper work.
I would like to know:
My wife being on J1(physician), can she apply with me for I-140 and I-485.
Can I use Cross Chargebility

Thank you.
 
Multiple I-140 filings

Thanks much Mr. Khanna for this opportunity to answer to my questions.

I have an approved I-140 with PERM labor PD-Feb 2006 against which I have filed the 485.
I have a pending I-140 with pre-PERM labor PD - May 2003. Both the 140s are by the same sponsoring employer for similar job positions (but different Pre-PERM and PERM labors, EB 2 category)
Once the May 2003 PD I-140 gets approved, what are my options to utilize/transfer this May 2003 PD with the same 485 or a different 485? Would the PDs need to be current for any of those options?
Thanks much!
 
I and my ex-wife came to US 8 years ago We are both Canadian citizens and we had two children born in Canada age 11 and 13. We've got divorced in 2002. Now, both of us got remarried to US citizens and are sharing custody of our two children. I've got the green card in 2003 and in the process of applying for US citizenship. My Canadian passport is still valid.

1) If I go back to Canada now to visit my family, are my Canadian passport and my US green card is good enough for me to leave and return to US, using either air/land crossing ?

2) I plan to bring my two children back to visit my family as well. All I have is their Canadian birth certificates. I have no other US papers for them and abolutely have no idea what are their status here. My ex-wife refuses to shares any info about them. I know that she has Canadian Passport for the children. How can I find out my kids current status and what type of papers needed If I bring them back to Canada for 2 weeks visit.?

Thank you very much,
 
Seeking help for my husband

Dear Mr Khanna,

Thank you for making available all the immigration related information to millioins in need of advice. And thank you in advance for taking the time to answer our questions.

I'm seeking help for my husband. He is a Canadian citizen. He worked in the U.S. on H1-B from Sept 2001 to June 2007. He just left to work in Hong Kong last month. His previous H1-B was valid until Sept 2007 after a 6-year run. His previous employer has filed H1-B extension for him. But unfortunately by the time he left the company, it hadn't been approved yet.

Now he is considering coming back to the U.S. to work and wonders about timing.

1. If he returns within a year after leaving the U.S., can he still apply for H1-B without being subject to the annual H1-B cap? Because I have read somewhere that if a person has been subject to H1-B cap in the past six years, he wouldn't be subject to it again. Does this 6 years count from the first day of his H1-B? If he's not subject to cap again, how much time is left on this h1-B? Is this going to the unused 2 months that's on his old H1-B? Or does he get fresh 6 years?

2. If he returns after being out of the U.S. for more than 1 year, is he going to be subject to the H1-B cap?

3. Since he's a Canadian citizen, can he use TN visa? But TN visa only works for certain professions. He is considered a Financial Analyst,which technicially isn't on the TN list of professions. Is there a way around it?


Thank you so much! Much appreciated.

Joanna
 
IT Specialist to Program Manager on EAD?

Hi Rajiv,

My company has filed for I-140/I-485/EAD on June 28th. Job Title is IT Specialist.

Question 1: After 180 days pass from I-485 receipt date and I have the EAD, can I switch safely (maintaining my PD) to another employer into a Program Manager job? Both employers are in IT field.

Question 2: What will the new employer need to file? a new I-140 and I-485 capturing the old PD if the old I-140 is approved or nothing at all as the GC process with old employer will keep going since 180 days would have passed.

Thanks
 
Primary EAD with job class restriction vs no restrictions EAD earned as dependent

Hi Rajiv,

I have applied for EAD with my EB3 I-485 application on June 28th. And my spouse's lawyer filed for my EAD again by mistake as my EB2 spouse's I-485dependent on July 2nd. So currently two EAD applications are with USCIS for myself.

Question 1: Is it true that once one EAD is processed and approved, the 2nd EAD application will be rejected as one can't have two EADs at the sametime.

Question 2: With one EAD in hand I would like to switch from my IT Specialist position to a Program Manager position with another IT employer. Since my primary EAD has restriction of switching to same job classification, I would prefer getting EAD thru my spouse's application as this EAD will not have any job classification restrictions on me as a dependent. Now that both applications are filed, is there anything I can do to get EAD thru my spouse first? I am worried that I will get EAD thru my primary application first (and then will not able to switch to PM job) and my EAD application thru my spouse will get rejected.

Thanks
 
Dear Mr. Khanna,

Thanks for the great service.

My question is:

1. Is it absolutely required to join the future employer who files your green card
2. Is it absolutely required for the future employer to hire the person for whom it files 485.

Thanks
 
PD Porting

I have Jan 2003 PD from EB3 case (I-140 approved). Filed an EB2 for a different job with same company and submitted I-140/485 concurrently in April 2007 with PD Feb 2007. I am from "Other chargeability areas" category.

1. Can I port EB3 PD to EB2 "after" I have already filed I-140/485?

2. If yes, what is the procedure?

3. Would porting help me at all as in Oct 2007 visa bulletin EB2 for "other countries" will most likely be current anyway? That's my guess.

4. Can PD transfer help me get early I-140 approval or I-140 processing only depends on the date I filed it with uscis?

5. Any guess on future uscis processing speeds especially for NSC? I have seen people praying their cases get transfered to TSC as NSC is slow and maybe more tough.
 
Rajiv, thanks for your exceptional service to the community. I had som quick questions.
My wife's OPT recently expired. She has an H1b approval (visa to be issued abroad) with a start date of Oct 1. Meanwhile she has also applied for 485 as my derivative beneficiary. We recently also applied for her COS from F1 to H4. We are planning to go to India to get the H1B stamped but are fearing that recent filing of 485 would be abandoned. My question is
1) Can a person currently on F1 with pending I 485 leave US for 30 days and comeback on H1B without abandoning I 485 application assuming travel is without AP?
2) Once she gets her H4 approved (likely after Oct 1) can she go and get H1B stamped even though the start date on her h1b is Oct 1?
3) Can we get an emergency AP from local USCIS office given our situation?
 
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Employer Support Letter

Mr. Khanna:

I have my I-140 and Labor Cert. approved from Company X, about a year ago a move to company Y because they acquiere the division where I was working at company X. Company X agreed to keep the I-140 and not to drop the sponsorship. I am about to fill for AOS. My question is if I will need the Employer Support Letter from company X at the time of filling?

What will happened if Company X does NOT want to provide the employer support letter but also it WON'T drop the original I-140. Can I use an Employeer Support Letter from my existing Company once the 180 days have occur.

Thanks in advanced for your assistance.

Lemush99
 
N-400 filed and planning to change job

Mr. Khanna,

I'm with the same employer who sponsered my Green Card for the last 5 years. I filed for citizenship recently. Now, I'm planning to change my job to a different employer because of some inconvenient situation at my current job. Will it cause any adverse effect on citizenship application(N-400)?.

Thanks,
MS
 
H1 Extension

Rajeev
Thanks for your great services.
I would like to know When we should file H1 Extension so that we can get 3 Year extension ( I-140 Approved) . As per Aug Visa Buletin everything is "U" . but INS allowing to file everybody until Aug 17.

What would you recomond so that we can get three year extension.

Please elobrate more on this issue as this can answer lot of people question.
Thanks
 
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Mr Khanna,

I am doing residency in internal medicine which finshes in january. My j1 expires on january 31 2008. I have applied for waiver but i think i would not get the h1 until may or june. Can i apply for j1 extension on the basis of clinical research or can convert my visa to b1 for board preparation while in US.
 
Confusion...thy name is USCIS

Mr Khanna,

Thanks for your conference call. It is, with a doubt, a great noble service to this confused and highly ignored immigrant community.

I would appreciate if you can answer following questions which are not only for everyone but are also the center of discussion for majority of old forum members:

1. In regards to employment based green card, with August Bulletin saying 'Unavailable' for EB3 (India), should old timers with Priority Date of 2001/2002 and I-485 Receipt Date of 2002/2003 expect any approvals before October due to so called/rumored 'prior assignment of visa'? Or nothing would be approved now until October Bulletin and then it would depend on what October Bulletin says? By the way, Immigration Officers from service centers and Infopass appointments give contradictory information...every time. I guess you are not surprised.

2. It seems July Bulletin fiasco has had after effects that are bad for old timers but good for new applicants. With so many applications coming in, Service Centers will get tied up with receipting process rather than adjudication of old cases and then eventually end up not using up all the visa numbers. Should India EB3 (or others for that matter) old timers see any near future approvals? Once the retrogression hit in October would it be as bad as it was in end of 2004. Should applicants with EB3 PD of 2001/2002 hold hope even with retrogression? We (online community) have our own interpretations but was interested in an expert opinion.

Thanks and best regards,
MV1211
 
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Promotion while 485 pending

Thanks for all your help.

I have filed for 140 and 485 concurrently in July 2007. My priority date is Feb 2003 under EB3 for a Analyst Programmer Lead position.

Will there be any problem in my GC processing if i take a promotion to a Analyst Programmer Manager position with the same firm? Can both the positions be considered similar?
 
EB2 I-140 denied and 2nd I-140 EB3 pending

Hi Rajeev,

My I-140 in EB2 category was denied and USCIS said the job offer does not qualify under Eb2. According to Labor cert, job requirements are Master's degree OR equivalent and 6 months exp. Company will accept a combination education,exp and other credentials as equivalent.
My lawyer first appealed the denial as H1B extension was pending and then filed new I-140 (EB3) using same Labor cert. I have a MS degree in Comp Sci from US university.
Do you think there will be a problem in my I-140 EB3 approval. 485 applied in July.

Thanks
 
AOS and previous W2's

Dear Mr.Khanna,

Thank you and greatly appreciate for your response.
I have filed AOS(PD-July 2004) in July for myself and spouse. I have been working with the same employer since 2002. In 2002 I didnt have the project for almost entire year and so my W2 shows very low salary.
Also in 2003 I applied for my H1 Transfer to a different company and started working for the new company.Later I got a query for the transfer asking 2002 W2 :(. So I simply didnt respond to it and went back to the old employer as my H1 was valid.Afterwards I have successfully got 2 H1 extensions and visa stamped abroad also.

Do you think the low salary on 2002,2003 W2 will create a problem.
Thanks again.
 
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