Download Recording for March 26 Conference Call

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N-400 Eligibility Questions

Thank you very much for answering my question.

I am eligible to apply for citizenship since March 2006
I haven't applied because of two issues:

In March 2005 I received a Western Union Money transfer and ICE questioned me and accused me of trafficking drugs. I denied it and asked for an attorney, because I was being falsely accused. I was told they couldn't do anything against me, but they handcuffed me and tdrove me to the local city police department and took my mugshots and fingerprints. That was the end of that. No charges were/wouldn't be filed.

My second issue is that for my entire schooling in the US, since 3rd grade, I've always had my middle name and Paternal last name. My full name in my birth certificate & GC includes my first, middle, paternal last name, maternal last name. Graduated from High School this way and my Driver License is the same, Middle, P last name only. My SS card is the same, but when I filled out the form I wrote my full name and asked for my name to appear this way.
Will this be an issue w/ NCIS?

I Will state both of these issues on the app., but should I worry that my app. will be denied or possibly loose my GC because of this? Do I need an attorney for this process?

THANK YOU for your time.
 
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Automatic conversion clause of CSPA

Based on the CSPA quote below:

Quote from Section 3 of CSPA law:
“Retention of Priority Date – If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), the alien’s petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.”

The question is, in an F4 category case, how does USICS apply or interpret the automatic conversion aspect? Does that mean that the derivative who has aged out will be able to adjust status at the same time as the beneficiary (assuming the priority date of the appropriate category is current)? Or will the derivative have to wait until the beneficiary’s permanent resident application is approved, and then have a new 1-130 filed on his behalf under F2b category and then ask to retain the original priority date?


My second question is that if someone has paid the $1000 fine for 245i under an AOS petition that was later on denied, and then the person files another petition under a different category, would they have to pay the $1000 fine again?

Thank you in advance for your response!
 
Name Check pending fore more than 180 days and I485 still pending

Dear Rajiv,
My questions are is in regard to 02/04/2008 Name Check memo and I485 employment based cases held pending at Service Centers. USCIS announced on its website that most of these cases will be processed by mid-March 2008. My I485-case was transferred to NSC for "faster processing" as per the transfer notice but still remains pending at NSC. I am being given the usual USCIS runaround. Earlier the status was "pending FBI Name Check" as per phone calls to IIOs at NSC (Immigration Information Officers), InfoPass and Congressional inquiry but now it's "internal security checks" or "under extended review", "unresolved issues" or "case doesn't qualify under the 02/04/2008 memo".

1. Do you think it's time for filing WOM (Writ of Mandamus) asking for adjudication based on the memo as my I485 satisfied conditions: outside normal processing times, FBI NC pending for more than 180 days and PD is current?

2. Has you office received any recent approvals for older cases where NC was pending more than 180 days? I have seen USCIS approving cases filed in early 2007 but may they are still working on identifying the cases and haven't actually starting adjudicating them?

3. Do you have an update on when USCIS plans to process all these cases, we have been hearing March 30 and also April 30 and what can one do if that doesn't happen?

Thank you for your time.
 
How do I post questions for the conference call?

Forum is open for posting questions -

Hi Rahul,

I want to post my question but am not authorized. I joined today and have activated my account. Could you please guide me?

Regards,
Ramanathan EKAMBARAM
 
Day Changed.

Please note that the conference day is changed to Wednesday the 26th March.

- Rahul Mehta
 
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H1B Visa Stamp

Dear Rajiv,

Thanks soo much for your time, If you could please address the following questions:

I am Canadian Citizen. I was working on TN work permit for 2 years and I have Entry Stamp of TN permit on my passport and I-94 when I came to USA first time. After one year my Company renew my TN permit for one more year without crossing border and I got the TN extension approval notice for 1 more year.

- Last year my Company filed for my H1B Visa and I got approved. Without leaving USA I got (I-797) Approval Letter of H1B that means I donot have H1B Visa Stamp in my passport. So I have only OLD TN permit stamp on my passport only.

My Question is:

I want to travel to Canada for 3 days only. I really appreciate if you answer my questions please.

- In this scenario can I use my H1-B approval (I-797) Notice when re-enter in USA or H1B Visa stamp is necessary.

I also applied for Green card last year (140 / 485 / 131 ). I didnot apply for EAD as I do not want to loose my H1B Visa.

My question is:

- If I use AP to enter in US. Can I continue to work on H1B ???

- If I use AP then will I consider as a Parolee and I will lose my H1-B status ??

OR

- One more clarification I need that I will lose H1-B status only if I use EAD not using AP?


Your clarification will be highly appreciable
 
Full time job on EAD

Hi Rajiv

My priority date is Oct2003 in EB3 category.
I485 Current Status: Case received and pending.On September 29, 2007, with USCIS.
I have approved I-140 and my I-485 is pending for more than 180 days.I am planning to go for a Fulltime Position with a new company.
I am in good terms with my employer and he is OK if I move on to new opportunity's.Please answer a few of my questions to help me take a decision.

1) Can I go for Fulltime positions and start working on EAD.While taking a new job Does the job title matter ,is it enough if the job responsibilities remain the same or partially remain the same when I change my job with a new company and stay within I.T.

2) Will i loose my H1b visa with my current employer.what are the benefits of carrying H1b if you already have EAD in hand.


3) Can I return to previous employer after working on EAD with other company.Will my h1b be still valid.


4) What is the Max period to be out of job when on EAD Status,Is it enough if i maintain the same annual salary as mentioned on the Labour.Is there a limit on number of employers that i can change before I get my Green Card.


5) Any Green Card processing issues if I work on EAD.


6) IS AC21 portability filing mandate

7) what kind of RFE's can i get on EAD in the future,What is the worst scenario that an I-485 gets rejected.


Thank you for your very valuable advice.
shabeer syed
 
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L1A to H1B Transfer (2007 case)

Hi Rajiv,

I came to US in 2006 on L1 (I-94 expiring in Oct-08) through an Indian Employer (say A). In Oct 2007 I received H1B approved with COS approved and I-94 starting from 1-Oct-2007, through Employer B. Employer B asked me to continue working for Employer A on L1 until he finds job for me. Till date (Mar-08), he could not anything for me and I am still working for Employer A on same L1.

Recently going through this forum, I reliazed that since my H1B with COS was approved on 1-Oct-07 and got the new I-94, my L1 became void. I want to know, what are option in the current scenario,

1) Just to confirm once again is my L1 invalid eventhough L1/I-94 is valid till Oct-08?

2) If my L1 is invalid because I got new I-94 with approved H1B then does that mean currently I am working illegaly for Employer A?

3) Is my H1B still valid after 6 months of approval though I have not yet started working for Employer B? Someone told me that if person is in US at the time of approval then person should move to employer's (in my case employer B) payroll within 60 days of approval. Is that true? If "Yes" does that mean my H1B is void?

4) What are my options to remain in US with either employer?

I would greatly appreciated if you could guide me in the right direction.

Thanks for taking out time from your busy schedule and helping me out.....
 
Transfer of PD (Priority Date) From EB3 to EB2

Hi Rajiv,

I have a Question on Transfer of PD from EB3 to EB2

Right Now i work for Employer "A" , i have my I-485 Pending for More
then 180 Days, Category is EB3 and PD is Aug 2006.
I Now, Qualify for EB2 Category since i now have more then 5 Years of
Progressive Experience with a Bacheloers Degree in Engineering.
I am Planning use AC-21 to do a H1B Transfer to another employer "B" and also Planning to file a EB2 PERM Labor from "B".

Can you Please tell me @ what stage should i request for PD Transfer.
since i have already filed my I-485 using my EB3 I-140 Approval Copy.
What happens to my AOS Cases for any Reason the new EB2 I-140 gets
denied.

Are there any issues if there are 2 I-140's on my Name.
 
TA possibility on part-time MBA with H1B status

Dear Rajiv
Appreciate your initiative to answer our questions.
I am on a H1-B visa (green card in process but not in sight anywhere) and I am currently doing my MBA part-time. I have been offered a TA (teaching assistanship) at school. The school indicated that I would have to fill out an employment form for the same and I will get paid for my services. I would like to know if it is actually possible for me to take this TA role and get paid. The school will provide me with a W2 and I dont think they will apply for another H1 (dont even know if it would be viable)
 
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I-140 validity

Dear Rajiv
Thanks for helping the community. Here is my scenario.
I work for a big company and started as a software engineer. 5 years later they filed for my labor through PERM. I-140 was filed soon after and was approved.
During this timeframe I moved from software side to management. I took a role as a product manager last July before the USCIS fiasco. When the flood gates were opened in August, my company lawyers refused to file my I-485 because I was not a software engineer anymore. I decided to stick with my current role since I am also doing my MBA (will graduate in June 2008) and did not want green card to rule my career. They agree to re-file my labor and it is currently under progress.

Can you please provide clarifications on the following?

1. They told me that my approved I-140 can be used to keep my priority date when they file my new I-140 (after the PERM for the product manager role is approved). Is this true?

2. Can I use this approved I-140 to keep my priority date even if I quit my current company and take a new job after finishing my MBA (will be in a non-software role). According to the company policy, they will revoke my approved I-140 if I quit. Does this create a problem with keeping the date?

3. Do I still need to have 1 year left on my H1B before I file my new PERM (after I quit the company) ? I got a 3 year H1-B extension (due to approved I-140) and is valid till March 2010

thanks for your help
 
Does student away at college in Baltimore need to be in Seattle 90 days before filing

My son is away at college in Baltimore, MD, and we, the parents, live in Seattle, WA. My son is two years away from graduation, has a Washington State driver’s license, files federal tax return from Washington State, and is fully dependent on the parents financially.

In the last conference call (3/13/08), you advised my son file his N400 with Nebraska Service Center. My question now is WHEN my son can file the N400. Can he file on 4/25/08 (90 days before 5 full years) when he is still physically attending sophomore year in Baltimore, MD. Or he has to come back Seattle and physically lives in Seattle 90 days before filing N400?
 
I-485 transfer to local office for processing.

Recently my I-485 case (EB-3) transfer to local office in IA state from NSC, But I am located in KY state.

I am quite getting nervous what could be reasons transfering case to out of state.

1) What could be reasons transfer case from NSC to local office? Is it normal for employment based?
2) Should I expect interview very soon?
3) I believe, my case should transfer to nearest local office as per my zip code, why they transfer the case out of state?

Thanks so much great service to community.
 
H1 B extension after 6 years

Company A applied for my Labor cert and got approved in Dec 2005. The Labor cert expired along with others on July 16th 2007 + 180 Days.
Now can Company B file my 7th year extension based on the expired Labor cert. My 6 year term is expiring in a few months.

Thanks.
 
Retention of Priority Date

I filed for the I-485 for AOS in August 2007 based on an approved PERM labor and I-140 with PD of March 2006. In the meanwhile my RIR labor and I-140 was approved (PD = June 2004).
What is the process for transfering the earlier PD on the 485 application? Do you recommend using the I-824 form for this purpose?
Thanks.
 
H1B - Layed off-Offer from 2 employers

Hi Rajiv,

I was layed Off from X Company on 25th Feb. I got my last paystub for the Pay period 15th Feb to 29th on 12th March. Got an Offer frm Company A and filed for H1 Transfer on Premium last week and it was approved. I yet to start work for them. Now got an Offer from Company B and they are ready to file H1 transfer ASAP. But i'm assuming that they can file by next week ( ie. around 1st or 2nd April. ). I'm more interested to work for Company B. Please suggest, is there any way my H1 can be transfered on Company B? If so with in what date they should file H1? Thank you very much for your suggestion

Regards
Kiran
 
H1B to F1 Transfer

Dear Attorney,

I'm currently on the end of 5th year on H1B. I plan to return back to school for a full time MBA program this Fall on F1 visa.

My Labor Certification was approved and I-140 is pending approval.

I've the following questions:

1) I plan to get my F1 visa stamped in India before Fall. Do you think they would deny me F1 visa because I have the intent to migrate to the US?

2) Would withdrawal of I-140 guarentee that I do not have the intent to migrate to the US? In that case is it advisable to get the stamping from a consulate in India or should I get my visa transferred (by staying in the US) and then get it stamped outside the US? In either case, do I need any additional documentation (letter from school or present employer) to substantiate my claim that I do not plan to migrate?

3) After my Master in Science, I used up my Optional Practical Training(OPT). Upon graduating from the MBA program, can I still apply for another 12 months of OPT (on the grounds that the two programs are in completely different areas of study)?

Thanks,
Mahesh
 
H1B, EAD and 485

Hi Rajiv,

I have been working with employer X since May 2005(my first entry to US on H1B). Applied for 4th year extension with same employer in July'07 and got reciept notice in Aug'07. My first 3 years H1B got expired on Sept-30-2007. I have got RFE to my H1B extension in Feb'08 and responded to it. Still I'm working for this employer.

Applied I-140(in June'07) and I-485(in Aug'07) with employer Y through labor substitution. My I-140 got approved in Feb'08. I have EAD as well as AP. Applied H1B transfer with this employer Y and got RFE, yet to respond this.

Here are my questions,

#1. Can I move and start working on EAD with employer Y after my H1B get denied/rejected with employer X.
#2. If H1B denied/rejected with employer X, Is my status consider as legal/illegal from October-01-2007 to the date when I hear from USCIS on my H1B. Is this will cause any problem for my 485 application.
#3. Do I need to move to employer Y and use EAD before 180 or 240 days from H1B expiration.

I would appreciate your help. Hope you will help me and my family to take right decision. Thanks a lot.
 
H1B petition sent to USCIS for review

Hi,

Details of my Case
-------------------
1. Applied H1 for my fiance in 2007 cap and got H1B papers in Aug 2007
2. Attended H1 Visa Interview in Chennai - Sep 2007
3. RFE to produce unemployment wage reports from employer(221g)
4. Dropped the supporting documents in Jan'08
5. Got reply from consulate in Mar'08 that case sent for review to USCIS

Questions.
----------
1. How long it might take in a case like this to know the decision from USCIS ?
2. If I get married and bring her on H4 then that H1 petition would still stand valid or gets forfeited by H4?
3. If in case that H1 petition still valid on top of H4 then what is the procedure to convert that H4 to H1?
4. What is the chance of getting Approval for H4 to H1 amendment?
5. Should we apply for a new H1B in this 2008 cap or should wait until that H1 review is done by USCIS?

Thanks a lot in advance for your patience and time.

Regards,
Raj.
 
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