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Hi Rajiv,

Thanks for starting a wounderful service.

I have 3 questions :-

-- In this process of converting EB3 to EB2 , are these steps correct ?- File another Labor, then another 140 to get the PD of earlier approved 140, and then can I update my pending 485 ? - How to update pending 485 in this case ?

-- I know premium processing of 140 is closed, but whevever it will open, then does it take care of Labour Substitution cases ?

-- After filing the 485 (in this July-August 2007), how USCIS will approve - based on Priority Date or based on the date it received 485 ?

regards,
- RK

2)
 
Changing job on EAD

Hi Rajiv,

Thank you for this thankless service

I am currently on H1B on 7th year extension, which is to expire in Dec this year; another extension for a year is pending with current employer.

My previous employer is doing my GC for future employment with them. Filed I-485 in June, I-140 approved, EAD approved

These are my questions

1. Can I join any company using EAD with different job description( Project/Tech Manager Role) and NOT file for AC21.?

2. Do I need to inform about employer or job change to my Previous employer (who filed my GC) or INS ?

3. DO INS know if have changed Job with different job description, if I do not file for AC21?

4. Can I keep changing jobs/employers with EAD until my GC approval come through?, At present I intend to join back my previous employer Once GC is Approved.

5. I came to know that "To Maintain GC one needs to be in US for more than 180 days per year" is this true?

6. If I use my EAD for a job with employer X, Can I go back to H1(with current employer) in case if I get RFE OR rejection of I-485 ?

Thanks Rajiv
 
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Finger printing

Hi Rajiv,
If we get two separate appointments for myself and my wife for fingerprinting, is it possible to change that so we can have it done on the same day? Can we just show up on the earlier date at the local office, or should we contact USCIS to reschedule before we go there?
Thank you.
 
H1B stamping in Canada

Hi Rajiv,

My current H1B status expires in March 2008. I have never left the country since I got my H1B status. I am wondering if I should go to Canada to get my visa stamped in my passport now or if i should wait until I file for an extension first. I am afraid that they might not stamp the visa in my passport just for 6-7 months if I decide to go to Canada now. What do you think?
Thank you very much for your help.

Hutch
 
Interfile of I485

Rajiv,

My future employer company-F filed I-140/I-485 with substitution labour in July 2007.
My current employer company-C may file perm based I-140 in future. in such case can current employer company-C's I-140 be linked with I-485 which is already filed while future employer company-F's I-140 is pending ?

if Yes, what will be happen if future employer company-F's I-140 is denied or revoked after current employer company-C's I-140 linked with I-485
 
Stay and work beyond 6 yrs - I-140 pending, I-1485 pending

Hi Rajiv,

Greetings.

I have a specific case and would need your help and suggestion for my stay.

My current H1 according to calculation is ending by Nov 16 2007
My documented H1 has validity date as Aug 15 2008.

My labor was applied in Apr'07 and got approved in Apr'07
My I-140 was applied in May 18th 2007
My 1-485 was applied in Aug 13 2007

May I know what are the options I have to continue to stay beyond Nov 16 2007 and work.

Can I work as I have valid H1 till Aug'08. What would be the impact if there is one on my GC. How can I take care of it.

If I cannot work beyond Nov'07 even though my government authorized H1 validity is till Aug'08 what are my best options to ensure that I have valid H1 work permit.

Can I actually work post Nov'07 or do I need to go back to India.

Thank you
 
Hi Rajiv,

I have my I-140 approved already and filed I-485 in July. I work currently on the first year of my H1B Visa and during the first 11 months I earned about half of the required salary on my Labor Cert. – although I was employed full time throughout. I now earn the required salary and will continue to do so. Ability to pay was not an issue at I-140 as my company has more than 100 employees and is highly profitable.

I have been working with a lawyer and have a solid application, except for one small issue that bothers me. My employment letter outlines a job offer in the future with salary etc. although no mention of my time on H1B.

My concern is that this letter will trigger an RFE for proof of salary in the beginning of my H1B – which I cannot show.

I have worked with this company for 7 years on other visas and have all proof to show this. On two occasions I went home for 5 months or more in between Visas in order to stay in status.

Do you think my H1B time on reduced pay will cause problems at 485 stage?

Thankyou so much.
 
Is Labor approval (PERM filing) enough for filing my 7th year H1 extension?

Hello,
My labor application (RIR process) is stuck in Backlog Elimination Centre in Phily for the past 2.5 years. My employer informed me that he has got a query on that labor application and it seems that the labor application will be denied. He will know the actual result in 2-3 weeks.

I have 1 more year on H1. The 6 years on H1 expire in October 2008.

My questions:

1. If I file for PERM labor in 2-3 months (after the advertisement, etc.) with a new employer and it gets approved by Jan-end of 2008, would that approved labor be enough to file for my 7th year H1 extension in case the I-140 doesn't get approved till the expiry of my 6 years on H1?

2. Earlier, as I understand, the rule was that we had to have filed our labor application atleast 1 year prior to the expiry of 6 years on H1. Is that rule still valid in today's scenario as the PERM labor gets approved quite fast?

I would really appreciate if you can answer these queries or point me in a direction where I can get some guidance. I am in a real confused state since I am hearing conflicting opinions regarding this from various quarters.

Thank You very much for your help.

-DJ
 
I'm a GC holder (by July 2008 I will be eligible to apply for US citizenship).

My fiance is in the US on L1A visa (with a Spanish Passport- EU).

Getting married this December in Asia.

Which one is easier: petition her after the wedding me being a GC holder? (what's the priority date for a Spanish citizen?)

or Wait for my citizenship?

Thanks I'll appreciate your opinion.
 
H1-B Transfer Questions

Hello Mr. Rajiv,

Thanks a lot for this free service.

My questions are as follows:

1. I am currently on OPT Status and got my H1-B approved effective October 1st 2007. I was working untill July with the employer( Company A) who sponsored my H1-B and since August, I am working with another company (Company B). Can i transfer my H1-B that has been approved by USCIS from Company A to Company B?

2. If I transfer my H1-B from Company A to Company B. In future, if I want to join Company A again after an year, Do I need to go through the Transfer process of H1-B from Company B to Company A or can I directly join Company A?

3. If I cannot trasfer my H1-B, Can I continue to work with Company B untill my OPT is expired? or do I need to report to Company A effective October 1st in accordance to my approval validity.

FYI: I do not have stamping of H1-B visa from company A on my passport yet.


Thanks for your valuable time and support. Looking forward to get a response.

Regards,
Sunny
 
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GC while in India

Hi! Mr. Rajiv, Thanks for the great service and your time.

Me and wife have received EAD and Advance Parole and are planning to visit family back in india next month. Since we are using EAD, we plan to use 'Advance Parole' for travel purpose. My PD for GC is EB2 - 2002 December.Assuming that the PD will be current for me next month..(being optimistic)

- Could you please let me what would happen if we get GC approved while we are in India. Can we still use Advance Parole to return back to US? Do you see any issues with it?

- Are there any other issues that I need to be aware of ?

Thanks once again

Kumar.
 
Thanks for your time Mr. Khanna. You were not able to answer my questions in the previous 2 Conference calls (Aug 09 and Aug 23rd ) so I am reposting this once again. If you could please address the following questions.

1. I started working as a Mech. Engineer in New Jersey earlier this year. A couple of months ago, I got transferred to the new location in PA where I am currently working. This new location is right across the NJ/PA state line and around 8 miles from the original New Jersey location. I was looking at my LCA & I-129 which states that my work location is in New Jersey. My company lawyers inform me that my LCA covers the new location since it is within commuting distance and same metropolitan area so I don't need an amendment. My concern is that even though it is within commuting distance, it is in a different state.

Do I need an amendment? Can this cause any issues when I go for visa stamping?

2. How safe is it to go for visa stamping nowdays and not get caught in common name checks? My case is very clean... Came here in 2001 on a F-1 and haven't left here eversince. I completed my bachelors last year from a very reputed university Currently on OPT and have I-797A in hand which starts on Oct 1st. Am planning on going to canada later this year to get my visa stamped. Only cause for concern is my middle name is "singh" which is common.

Thanks for your time again.
 
order of AOS case adjudication

Hi Rajiv,

Thanks for the great service to the community.

Here is my question:
My 485 filed in July 2004(PD July 2003), got approved in July 2007, EB3 India. We filed for my wife's 485 in July 2007 and we now have a reciept number for her.

Would the underlying PD for my wife be the same as mine(July 2003)? What order would INS follow to process the application. ie. if someone has a RD 2007, PD 2007 would her application get precedence assuming July 2003 is current for EB3 India at a given time..

Thanks..
 
L1 to H1 change of status

Hi Rajiv,

I am on L1 now and I have applied for L1 to H1 transfer and got it approved for 2007. Before my H1 kicks in,I want to go for stamping to Mexico/Canada on OCT1st with my L1 paystubs.

Is this possible to go for stamping before working on H1 and also with L1 paystubs..?( My case is L1 to H1 change of status)
Can u suggest something for me in this regard...


Thanks,
Varma.
 
ISSUE#1
=======
I-140 approved: Feb'07
I-485, EAD, AP: Filed 1st week of July'07. Receipt not received.
8th year H1-B Extension: Filed June'07. Approval not received.
Project at client's site ends: Oct'07. Employer (Consulting firm) unable to find another project till date.

I've found a job through another employer & planing to join them on H1-B. Assuming, the current employer won't cancel my I-140 then:
1. Are there any issues/risks involved in switching the employer within 180 days of filing I-485?
2. What precautions or steps do I need to take to make this transition smooth?
3. Can USCIS issue an RFE after 180 days, for the initial 180 days during which I was not their employee?
4. Which employer is supposed to answer the questions in RFE? New or the one who filed the I-485?
5. If my current employer is unable to offer me another job (and hence the salary), it will reflect in the IRS records. Will that put my H1-B or I-485 application at risk?

ISSUE#2
=======
I was laid-off on 04/04/04 while I was a Full-Time employee at a multi-national company (Financial). To save my H1-B status, I filed for H1-B transfer with a consulting firm (the current employer) immediately. Receipt date: 4/12/04.

On 07/15/04, I received the H1-B approval notice valid from 04/20/04-06/20/06. Meanwhile, we both were looking for jobs & I was without pay between 04/04/04 - 08/03/04.

6. Is there any risk here?
7. If yes, what do I need to do to re-mediate it?

Thanks.
 
Hi! Mr. Rajiv, Thanks for the great service and your time.

My questions are:
What happend if an EB2 applicant gets fired after the I140 is approved and the I-485 is being pending for more than 180 days? Does the process still goes on?

Can self employment qualify as a new employer?

Thanks
 
Need advice on when to send 1-485 application

Here is the situation:

I-130 was approved 10 years ago under FB4 and our priority date is Sept 1997. We started out the application as CP, and based on that, INS recently sent us a letter asking us to provide further information and documents for the application, because according to them, when its within 9 months of your priority date coming current, INS would start working on your case. However we've been here in the US for years now, so we communicated back to INS stating that we would like to go through the AOS process instead of CP, then they responded that we should "confirm our intent to do the AOS process" and they listed everyone's names in the letter.

Now our lawyer feels that the letter from INS asking us to "confirm" signals to us that we can go ahead and send in the I-485 application now. Please bear in mind that current priority date on the visa bulletin for FB4 is March 1997 and our priority date is Sept 1997. Although INS had mentioned earlier that its ok to start on the application if your priority date is within 9 months from now, but we have a feeling that that is referring to the CP process that we started out with. Now that we are intending to switch to the AOS process, would it be safe to go ahead and send the 1-485 application right now since we were told to "confirm" that intend to go thru the AOS process? Or is it better to just wait till our priority date becomes current before sending in the application? And if its better to wait, how do we respond to INS request that we should "confirm" our intent to do AOS?

Our lawyer said she called INS office and someone there told her it was ok to send in the application now, but we just wanted to be double sure before doing that because although we are very eager to get our application started because we need our documents urgently, we've been through a lot with AOS issues, and having waited this long (10 years), and now paying the new fees, we dont want to risk another 1-485 denial due to "visa number unavailable" because our priority date is not current. So please advise.

Thanks.
 
Green card and Travel

Hello

Situation::
1.Have filed for I-485 through marriage to a citizen. Interview got done in April 2007 and namecheck pending.
2.I want to travel to India in December 2007
3. I have an H1B visa stamp from an old employer that is valid till Oct 2008. I have a valid H1B status from new employer (No stamp from the new employer though on the passport) that is valid till Oct 2008.

Questions:::

1. Can I travel and enter back on the H1B without any issues? Should I re-stamp my visa on the passport when I travel to India?
2. If answer to ques1 is NO, then should I apply for Advance Parole?
3. When I went for my greencard, my i-94 paper( on my passport) was taken by them. Is that normal? Will this cause any problems at the airport?

Thanks a lot
 
Green Card and HSMP question

I recently got approved and received my green card last month. I've my own S-Corp and I have an opportunity to provide a contract services in UK. I guess I have to apply for an HSMP there which is an equivalent of H1b here. My questions are:

1) I'm planning to take a contract position in UK for 6 months. Do you think I may have problem entering in US if the customs see UK resident visa on my
passport? There is no specific rule that prohibit you to work in another country.

2) I own a house,I regularly file my Tax returns,own a bank account,credit card.Do you think these are sufficient reasons to prove my intent to maintain
my residence here.



If there are any issues that may arise due to this let me know.Any advice will be appreciated.I'm willing to pay for a personal consultation too.

Thanks.

PS: I will be filing my taxes as resident of US.I'm an Indian citizen
 
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