Jan 22 Conf. Call - Recording Available for Download

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#21
Please post your questions for the Jan 22 conference call.

My I485 case has been transferred to National benefit center last week. Case details: EB2 substitution labour Nov 2004 Priority date, RFE received Aug 2008 for Employment letter replied on Sep 10 2008, currently on H1 with sponsoring employer. Am I being called for an interview or is it to speed up the process. No arrests and not out of status any time during my stay. Do you see any cases got approved without being called for an interview at NBC, and also are you seeing lot of cases being transferred to NBC in the last one month.

Thanks
--Sateesh
 

gousecris

Registered Users (C)
#22
485 pending, valida AP/EAD, new H1B approved, notice of decision

Hi Rajiv,
I am sending all the docs for your paid consultation and review. Meanwhile I am briefing and posting the quetions I have.

1. My wife H1B expired on June22nd 2008. I filed for her I-485 AP/EAD on July 2007.
2. Wife used EAD for her new job and AP to reenter USA after going to india when her mother died in Jan 2008.
3. Wife got new job after completing her residency and applied for new H1B (California service center) in Nov 2008 mean while used EAD to join the new job.
4. H1B approved on Dec 31st 2008 and also a notice of decision has been included as follows.

A Notice of decision also has been included stating/showing some sections that why the change of status has been denied ( I do not know why attorney requested the
change of status instead of requesting a new H1B)
and also notified to leave the country within 30days (by Jan 30th). The following is the last paragraph in the notice of decision I am typing as it is for your reference.

" USCIS is not initiating removal procedures against the benficiary at this time. The decision resulting in the denial of form I-129 leaves the beneficiary without
lawful immigration status and he or she is now present in the United States in violation of the law. The beneficiary is required to depart the United States within 30days
from the date of this decision, or be subject to rempval procedings. Remaining in the United States beyond this time will also affect his or her ability to return to the Unted States.
Also, as of the date of this notice, any Eamployment authorization granted based on the pendancy of his or her application is herby cancelled. For questions concerning immigration services
and benefits, the beneficiary may call 1-800-375-5283 or for TTY 1-800-767-1833.

NOTE: If an appeal to the petition denial is filed and sustained, and if the benficiary is otherwise eligible for the change of the status, the USCIS will, on its own motion,
grant the requested change of status. THERS IS NO FEE REQUIRED FOR THIS ACTION.

Chris poulos
Director."

1. As her I-485 is pending and has valid AP is there I beleive she is in authorized stay.
But the USCIS decision says to leave withing 30days. Toget the stamping in Vancouver we got the latest available appoint which is
March 11th 2009. And also we have to get the VISITOR VISA for CANADA.

2. What are the consequences if she do not leave by Jan 30th?

3. What actions/procedures to be folowed in this case without leaving USA

4. What If the H1B VISA stamping denied at vancouver Can she reenter the USA with Valid AP (Valid until dec 16th 2009) that she have now.

5. At the time of entry with this USCIS decision affect in any way her reentry.

6. What affect will have on her I-485 pending.

7. without leaving the country can she continue to work on her EAD


Thanks & regards
Mohamed
 
#23
Switching to another Law firm/ Representation Aggrement

Please post your questions for the Jan 22 conference call.

Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Date: Jan 22, 2009
Conference Access Number: 1-712-421-8554
Conference Passcode: 937222#
Hello Rajiv:

This is my first post. Your forum helps lots. My employer filed PERM (EB2) on19th August 2008 and no reply yet from DOL. I am unhappy about the big law firm who wants representation agreement signed by employer and Employee for entire GC process. And, of course, also the recent dispute with DOL and unnecessary audits and delays itself. Also my employer have no experience about GC process earlier time since I am the first candidate for them for such a process. I hope I can convince them to switch to another immigration law firm (like yours). This law firm was chossen by my employer's attorney who are not immigration firm. My questions are:
1)How can we switch to another immigration firm for I-140 filing and so on, since PERM has been started by them? partly paid too.

2)Is it o.k. to sign such an agreement by three parties? As I have already employment contract with my employer.

3)What are consequences I may face if I want to another firm’s representation?

Thank you
MR
 

gc1972

Registered Users (C)
#24
Applying 485 to spouse after marriage

Please post your questions for the Jan 22 conference call.

Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Date: Jan 22, 2009
Conference Access Number: 1-712-421-8554
Conference Passcode: 937222#
Dear Rajiv,

I would like to know the process of applying the 485 for a spouse after marraige. I got married in November 2008. My spouse is in USA on L2 visa. My 485 is pending now with priority date - Feb 2004.

My lawyer suggesting to apply for 485 for my wife immediately. The question is

1) do I need to wait my pririty date to be current to apply for 485 of spouse ?
2) What happens when my 485 approves before my wife 485 application reaches to USCIS?
- Can she continue stay in US? What will happens to her L2 status?
- Is there any specific time ( grace period ) she can apply 485 and
continue in USA after my 485 approval?

Appreciate your advice.

- Regards
 

aks341

Registered Users (C)
#25
Situation: H1B in Security check
1. Was working on H1B with Employer A; Lost job on Feb 11 2008; I-94 for this H1B was valid until Oct 1 2008;
2. Employer B applied for H1B transfer and extension on March 24-2008 (receipt date); This petition is in security check and still pending.
3. Started working for employer B (consulting company) on May 15 -2008.


I understand that I need to leave the US before staying for more than 180 days, starting from Oct 1-2008.

I am very doubtful that my present H1B petition would get out of security check anytime soon. I have an admission from a top-10 MBA program starting in Aug 2009; In the worst case scenario, I do not want to jeopardize my case for getting a F1 visa.

My reasoning – I want to leave the US in march last week, before hitting the 180 days mark after expiry of my previous I 94 (which is Oct 1 2008). I want to do this in order to find another job (which I am very likely to find) and apply for a H1B from this new employer. I would then travel to India to get my H1B stamped for this new employer.

Question 1 – If the current H1B petition from employer B continues to remain in security check, would a H1B petition from a new employer C be approved? If yes, would I be denied H1B visa stamp for the new employer C from India for any reason?

Question 2 - Instead of leaving the US immediately, if I leave around march last week (a week before hitting 180 days after my previous I 94 expired), would this additional stay until march last week have any impact on my legal basis of getting a H1B visa and stamp from India.
 
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#26
I have been working on H1B visa since Oct 2005. Can my US citizen spouse be my sponsor for GC even though she does not have any income that needs to be shown on the I-864 –Affidavit of support; Can I use my own income with tax return history from 2005 to complete the I-864 –Affidavit of support? My income is more than the minimum requirement for form I 864 ( for the last four years of my tax return history in US)?

If I cannot use my own income in form I 864, can I use the income of a common friend who is not a family member / relative of either me or my US citizen spouse?
 
#27
Eligibility to file for H1 while on EAD

I came to USA on H4 visa through marriage to H1 spouse in 2004. We both filed for I-485, I-765 and Advance Parole. Its EB3 India category.
Spouse who is the main beneficiary got green card in 2005. His H1 was cancelled automatically.
I haven’t received 485 approval. My H4 visa is no more valid based on spouse H1.

Since 2 years I am staying in country and working on EAD. I haven’t got any other Visa. I am worried about my 485 approval and haven’t got any backup visa in case things with 485 go worse and have to file MTR.

Q1) Since I am working on EAD, am I still eligible to file for H1 staying in USA?

Q2) What are the chances of denial of derivative 485 in cases like this where main beneficiary GC is approved?

Thanks in advance
 
#28
US Citizen Divorcing

My US citizen spouse has decided to divorce. My spouse sponsored me for a GC after marriage. Before that I was on a H1B visa. I got my GC about 3 months back and am a conditional resident as of now. Although planning to divorce, my spouse is supportive of me applying for removing the conditions on my GC.

I believe we would complete the divorce procedures soon. We would have been married for just about a year by the time the divorce procedure gets completed.

• I want to apply to waive the joint filing requirement to remove the conditions on my residence. For what reasons I might be denied such a waiver? Are such waivers mostly granted ? I have an absolutely clean history and my spouse is supportive as of now ( cannot say much about how things would be in future)
• Does my spouse need to do anything as part of the process (before or after divorce) that I need to follow in order to remove the condition on my residency?
• Although my spouse is supportive as of now, Can my spouse stop me from removing the conditions on my green card for any reason whatsoever?
 
#29
Hello Rajiv,


I am a regular visitor your blog and I appreciate your service to the Indian community. I came to US on H4 with my wife’s H1. She returned to India on Aug 17th. Since i had H1 approved from Oct-2008,i applied for an amendment - COS to H1 on 18NOV-2008 .My 1-94 expires on May 8-2009.

When I called USCIS today they said that it might take another 3-4 months to process the application which will go beyond May 8, 2009.

My question is - what will be my legal status once my I-94 expires? Can I stay here and wait for the amendment?
 
#30
H1B Stamping in India

Thanks a lot for this outstanding service to the community. I am a regular reader of your forums. Would really appreciate if you could answer my questions. I have been in US since 2003. Came on F1 and changed to H1B.

My job with employer 1 ended – Dec 7 2007; I 94 for H1B visa valid until Aug 1 2008.

Filed H1B transfer from employer 2 on Jan 21 2008; Petition is pending and is in security check.

I am leaving for India in three days in order to avoid crossing the 180 days after expiry of I 94.
I have a job offer from employer 3 that would file for H1B in a week, when I would be in India. I plan to go for H1B visa stamping in april end, 2009, after having worked in India for three months.

Would H1B petition from new employer 3 go in security check because the last H1B petition from employer 2 is pending in security check? How often a new H1B petition from a new employer is approved while an old H1B petition is pending in security check?


I do not have last three pay stubs from my present employer 2 . Would the H1B petition from new employer 3 be denied approval because of this lack of recent paystubs?

In case the H1B petition from new employer 3 gets approval (which at present seems extremely unlikely), Would the US Consulate in India deny me the H1B visa stamp for any of the reasons below or some other reason?

• I was out of status in the US in between jobs.
• I stayed beyond the expiry of my last I 94 after Aug 1 2008, although I did not stay for more than 180 days.
• I do not have all the paystubs for year 2008 when I was with employer 2.
• My W2 for 2008 shows earning that is about 50% of the salary in the H1B petition for employer 2.


When I go for stamping in April end, would the consulate ask me for pay stubs for my employment in the US until the time I was in the US on H1B?
 
#31
I would like to add one more point, my lawyer applied Labor with my middle name as first name and first name as middle name, it happened due to miscommunication. When we applied for the 485 we included attested letters from our parents stating my full name.

Do you see it as a complicated case? If I change the employer would it make the situation more bad(I mean they may scrutinize my case more)?

If I work on my EAD with the new Employer and my 485 gets denied can I use the remaining 3 years on my H1?

Thanks for your help!!!

Hi Rajeev, first of all thanks for the service.
I recently got my 3 yr extension after completing my 7 yrs on H1. My I140 has been approved and I485 pending for more than a year. I would like to change my employer and the new employer is willing to transfer my H1.

If my I140 is revoked by my old employer and my I485 gets denied can I still continue to work on my H1 and will the new employer be able to extend my H1 beyond the 3yr time left?

What is the difference between working on EAD and working on H1B with the new employer?

Can I apply for I140 and I485 concurrently with my new employer?

What is the safest route, please suggest.
 
#32
Hi Rajeev, first of all thanks for the service.
Sorry for several posts , I just wanted to put everything together

I recently got my 3 yr extension after completing my 7 yrs on H1. My I140 has been approved and I485 pending for more than a year. My lawyer applied Labor with my middle name as first name and first name as middle name, it happened due to miscommunication. When we applied for the I485 we included attested letters from our parents stating my full name.

I would like to change my employer and the new employer is willing to transfer my H1.

Do you see it as a complicated case because of the name change on Labor? If I change the employer would it make the situation more bad(I mean they may scrutinize my case more)?

If my I140 is revoked by my old employer and my I485 gets denied can I still continue to work on my H1 and will the new employer be able to extend my H1 beyond the 3yrs?

What is the difference between working on EAD and working on H1B with the new employer?

If I work on my EAD with the new Employer and my 485 gets denied can I use the remaining 3 years on my H1?

Can I apply for I140 and I485 concurrently with my new employer if my I-485 gets denied completely because of name change or some other reason?

Please suggest the safest route.


Thanks for your help!!!
 
#33
Child born outside US whose parents are Green Card holders

Hi Mr Khanna, Thanks for this service.

I would like to know if a visa is required for a child born outside US whose parents are Green Card holders. Is it true that if the Mom brings the kid back to US on her first trip back and if the child is under 2 years, the child doesn't need a visa and will get Green Card at the port of entry? What documents would be required?

Could you please clarify.

Thanks
 
#34
Company filed for bankruptcy - impact on EAD?

Hello Mr. Khanna,

Thanks for your time and service. My spouse and I work for the same company. Our PD is Nov 2003, EB3 category. We have an approved I-140 and EAD valid till Aug 2010 with I-485 pending since Aug 2007. Our company recently filed Chapter 11 bankruptcy. I have two questions regarding this:

(1) If we switch employers using the EAD, will the company's bankruptcy be an issue? Or will we be ok up until the EAD is up for renewal?
(2) If our company goes out of business, how will it impact our current I-485 application?

Thank you.
 
#35
Please post your questions for the Jan 22 conference call.

Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Date: Jan 22, 2009
Conference Access Number: 1-712-421-8554
Conference Passcode: 937222#
Internal Transfers between group companies during GC process

>My green card is under progress with approved PERM labour
> under EB-3. I -140 is pending approval. Currently i work for
> the parent company in the Audit field. Is it allowed to move
> to a subisidary company from the parent company (group
> companies) as normal career progression without affecting
> the ongoing GreenCard process as this entails change of
> employer ie H1B will need to be transferred to subsidiary(as
> parent and subsidary are separate legal entities). I will
> have broadly similar job responsibilites within finance as
> earlier and will be at the same physical address.
 

usr_local

Registered Users (C)
#36
Porting I140 Date to I140 pending Approval

Hi Mr. Rajiv, Thank you so much for this excellent community service that you have undertaken. My question is as follows:

I have a previous EB3 I140 approved (via LC substitution way back in 2007 in premium processing) from a previous employer whom I never joined but I485 was also filed through them indicating that it was for future employment. I still do plan to join them if required and got my H1 transferred to them too. I now have another I140 pending adjudication since May 2008 with my current employer of over 3 years who is a large financial analytics company. Can i send in a letter (by myself, not through the company lawyer as they are apprehensive about this procedure) to be added to the I140 packet that is pending adjudication giving the receipt number of my approved I140 and request porting of the date? Are there any other criteria (such as same or similar job titles) that need to be met for I140 date porting? Are there any risks to the previous approved I140 getting revoked given that I did not actually work there? What should the format of such a letter be? what rule/law/memo should I say it is based on? and whom should it be addressed to. Thank you so much for all the help.
 

sandyabc

Registered Users (C)
#37
7 th year H1B extension

Rajiv,
Thank you for the opportunity.

I complete my 6th year on H1B on 30th march 2009.
I have applied for Labor (PERM) in EB3 in Oct'08. However it is taking more than 6 months now.

1) Will I be able to stay and work in US beyond 31st March 2009 if my labor apllication is still being processed and I am not able to file I140 for premium processing.

2) Are there other options available to continue to work in USA ? ( while my PERM is under process)

3) Can I still continue my application and file for I140 once labor is approved if I am outside the country after 30th March.

Thanks.
 
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