Jan 22 Conf. Call - Recording Available for Download

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monica1 said:
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#
Click to expand...

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Thanks for providing this oppurtunity. I would like to change the address of my daughter on I-485 application.

I moved from Florida to New Jersey last month and updated my address and AR-11 on USCIS website in first week of January.

I would like to change the address of my daughter as well. My daughter ( 5 years ) is currently in INDIA. She will come to USA after 2 Months. My question is will there any problem in changing the address on 485 application of dependent while out side united states. Please advice on this.

Many Thanks.
 
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monica1 said:
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#
Click to expand...


Hi guys
I would appreciate any king of helpful info.
I'm a green card holder being charged with criminal tresspass in the first degree and criminal mischief in the second degree in Oregon.
I went to my girlfriend's apt and found her with another man, I over-reacted and forced my way into the apt. and someone called the cops, they took me to custody and had the fingerprints and photos taken.
I have already denied the DSP programme and will be going back to court on the 6th of Feb.
What am I to expect and what can I do to avoid deportation or any serious immigration consequences. I can't afford a lawyer but I have a Public defender.
Please,any kind of info will be highly appreciated.
 
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Applying for parents GC (Immunizations question)

Hi,
I am a US citizen and wish to apply for GC for my parents. My parents are going to visit me next month and I am thinking of applying for adjustment of status while they are here. My question is regarding vaccinations. Can they take most of the vaccines in India and bring a letter from the doctor? Can that be accepted by the civil surgeon here? Also, how can they prove that they have take polio vaccine (they took it when they were young).

Also, is it a good idea to apply for the GC while they are here or is it better for them to go back to India and apply?

Thanks in advance!
Pallavi
 
Pending I-485

First of all thank you very much for the invaluable service you are rendering to the community. Your advice regarding my pending I-485 application is greatly appreciated. Currently I’m on A-2 visa. On 07/04/98 I first entered the U.S. on a J-1 visa (D/S status) and overstayed (14 months). In April, 2000 I changed my visa status to A-2(went to Mexico and came back on A-2). Also, I got my two year home residency requirement waived.
My spouse joined me on A-2 visa and later she filed for her Green Card through her employer. I filed my I-485 as the derivative beneficiary of her Green Card application. My spouse received her Green Card in May 2007 but I didn’t. I received a RFE asking me to send copies of all my pervious I- 94, IAP 66 and I-797. I sent everything except a copy of IAP- 66 because I couldn’t find it. According to the online case status, they have received the additional evidence on 09/28/07. I didn’t hear about my case since then. When I call, they give different reasons for the delay and today they told me to do the biometrics again.
Am I ineligible to adjust status here because I overstayed? If I am not eligible what are my options now? Can I get a relief under 245(k) (I used A-2 visa to reenter in my last admission to the US.) Is it safe to expedite my case under these circumstances? (I’m worried that INS might adjudicate me as unlawfully present which would trigger 3/10 year bars) Can I go for consular processing in Canada or Mexico now?
 
Dear Rajiv,

Thank you very much for your wonderful service.

I have couple of questions regarding the filing of I-751 (Form for removing condition on permanent residency). I and my wife are planning to go to medical school in Fall (August) 2010. I will be eligible to apply for the removal of condition on October 7, 2010. We will be staying together before our medical school starts in Fall (August) 2010. We will try to get into the same medical school but I am not sure if we will get admission in the same school because of a big difference in our GPAs (Grade Point Averages). She might have to take admission in Puerto Rico medical schools where the requirements are low. Since I and my wife will be in the medical school at the time of filing I-751 we will not be working in our respective jobs and will not have any income. It is little bit early to ask these questions but we want to plan accordingly based on your responses.

1. Do we have to show again (at the time when we file I-751) a proof of income that we make 125% above the poverty line (similar to the one we submitted during original Green Card Application Form I-864)…?

2. Can we still file the I-751 jointly even if I and my wife don’t stay at the same address at the time of I-751 filing…? Also will that be any problem when I apply for Citizenship..?

I have one more question about getting visa at the Embassy.

If a person have a valid visitor visa (B2) in her passport and then she goes to the consulate to get the F1 visa. Then my question is will the consulate cancel her B2 visa irrespective of her approval or denial of F1 visa…? One of my friends had both valid visas at the same time B2 and F1. I think usually the consulate cancels all the previous visas when you apply for new visa.

I would appreciate your response.
 
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H4 and H1 status confusion

Hi Rajiv,
Thank you for helping all of us.

My current situation:
I was in H4 in Jan 2008.
My employer applied for my H1 status change in April of 2008.I got selected in the lottery and my H1 was effective from oct 2008.
My I-94 was expiring in mid of Jun 2008.So My husband's employer applied for an extension of my status.But they asked the USCIS to extend my h4 status until sep 30 2008.I didn't receive my h4 extension documents until mid of oct 2008.I was under the impression that I was in H1 starting from Oct 2008.No pay check was run for me from oct 2008 till now.But here is the thing,instead of extending my status til sept 30 2008,USCIS extended my H4 status until Jan 2009.
The receipt date on my H1 was in April 28 2008.The receipt date on my I-94 extension was June 8 2008.The receipt date indicates that h4 extension was the last action of USCIS.
My husband's employer's attorney somehow figured out the mess and informed me I was in H4 status and filed for an H4 extension from Jan 2009.
Now the messy part,assuming that I was in H1,I showed the offer letter of my employer to get an SSn.In the H4 extension filed in Jan 2009, I gave the SSN number I received.

My Questions:
1.What should I do about SSN?
2.What are the problems that i may face because of SSN.
3.My employer may not be pleased with this situation. There is a possibility that he may cancel my H1 .Since I was counted in the cap in the previous 6 years,though I don't have a single paycheck,can i skip quota the next time ,when an another employer files for my H1 .(I do have the h1 documents from the current employer who filed h1 this time).
4.If not, How can I use the h1 filing done for me to skip the Quota?
5.Assuming I can skip quota, is there any time limit to file H1 in order to skip quota?

Thanks,
Archana.
 
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Hi,

I have two questions related to status.

- If I got laid off from a company and I have EAD and Advance Parole documents and my I-485 is pending for more than 1 year. What will be my status? Also if company informs USCIS than does that affect the status.
- Also how long I can be in USA without jobs (while in search for job)


Thanks for your help.
 
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F1 to green card

Dear Sir
I am waiting for my PD to become current in FB1 category, which is now 4 months away. I came here last year on B2 visa and changed my status to F1. I talked to you a couple of times during that process. It was hard to change from B2 to F1 after approval of I-130. Any way it worked out for me. I mentioned about my pending immigrant case in I-539.

Now following are my question related to new situation.

1. Since I had opted for consul processing initially, but now I will be applying for adjustment of status. NVC usually starts consul process in advance of PD becoming current. What should I do when NVC sends me choice of agent form?

2. If I apply for adjustment of status, but I get marry before approval of I-485, my preference category will be changed to F3. If PD is not current under new preference category will they deny my I-485 as prematurely filed or they will keep it in their repository until PD becomes current once again.

3. I want to get H1 as well. If I go to my home country for H1 stamping and they put me on security clearance or worst case deny H1 visa. Can I come back to US during that name clearance period or after H1 rejection using my advance parole and start working with my EAD?

I appreciate your reply and time.
 
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EAD and 1099

Hi Rajiv,
Thank you for helping all of us.

My current situation:
I am on H1B Visa and have an approved EAD/I-140 and I-485 is pending for more than 180 days. Can I work for my current employer on H1B and also take up some part time job to work for some other employer on EAD? In doing so, are there any risks involved with respect to Green Card?

Also, Can I get paid on 1099? Is there some other option to get paid (like opening up a company etc.) in the above scenario?

AC21 Question:
I plan to switch jobs soon and move to a different state, in order to activate AC21, what all would I need to do? Appreciate your help or direction on some link/info on this!


Thanks for you help,
Kumar.
 
485 pending for more than 3 years

Rajiv,

Thanks for your great help. Here are my questions:

1. My I-140 (NIW) was approved in 2005 (priority date May 2005). My and my spouse's I-485 have been pending since Sep 2005. I am thinking of filing a writ of mandamus to make USCIS to look into my case. I wonder should I wait until my PD become current (it is not yet) or can I file it now because my PD has been current for two months last year.

2. If when USCIS respond to my writ of mandamus, my priority date is not current, what could happen?

3. Will the denial of writ of mandamus cause the denial of my I-485?

4. My employer also filed labor certificate for in October 2004. It was also approved, but I never use it because my I-140 (NIW) was already approved then. I wonder if there is any way that I can do to link my I-140 (NIW) to the labor certificate so that my priority date will move earlier.

Thanks a lot.
 
Change of status (COS) from H4 to H1B

Hello Mr. Khanna,

We really appreciate your time and advise for this conference call.

Currently I am on H4 status but I have an H1-B approval which started on Oct 01, 2008. As I applied for H1 while I was in India, my H1 approval notice came without an I-94. In order to start working on H1 from Oct 01, 2008, I even scheduled an appointment at a Mexican Consulate in Sep 2008 couple of days after Lehman brothers crisis and market crash. I had to drop that option as there were speculations that it would not be safe because my H1 was sponsored by a small time Indian software consultancy firm and that I did not have a client letter to furnish and economic crisis. I really would want to become independent and would like to know which one of the following options would work better for me ......

Option 1: Apply for change of status from H4 to H1B being in USA.... a. Can you please tell me if my COS application will be scrutinized as much as regular H1B petition?

b. As my H1B started on Oct 01, 2008 but I am still on H4 visa would it hamper my chances?

c. The USCIS fees for COS would be same as a new H1B petition...I received different opinions on this? If it's less than the regular fee, can you please tell me how much would it be?

d. For the COS application to USCIS, can I apply on my own or does it require the same documentation as a regular H1B petition from my employer etc?

e. Me being on a dependant H4 visa for more than 6 years any way help to get COS without denial?

f. How much time does it take on an average for COS from H4 to H1B?

g. Once we apply for COS, is it possible for me to start working as in regular H1B transfer?

h. Would there be any risk involved if I apply for COS as opposed to going for my H1 stamping?

Option 2: If any other company is ready to transfer my H1B (though I haven't been on H1B yet...no paystubs etc),?
what are my chances of getting an approval? As I am in USA now, would I get H1B approval with I -94 in this transfer case or not?

Option 3: Going out of the country for H1 stamping....

a. As I am on H4 still and did not start working according to my H1B approval i.e. Oct 01, 2008, which would be a safer option for me – Canada or India ?

b. In a worst case scenario, if the H1B visa is denied, would my H4 status be still valid to re-enter USA or not? This is extremely important to me to be able to re-enter in USA as I have a 6 yr old son - US citizen here in the US

Other than the above, do I have any other options (our green card option is a long way to go as we are still in labor cert stage), to become an independant (financially) as I can't continue to be on H4 being dependant staying home mother any more.

I am sorry for this long post and way too many questions....

Again, thank you very much for your time, help and advise,

-
 
Working on EAD

I was working for a company from where my husband and I recieved our EAD cards. Please note that I have an approved I-140 from that company. I resigned few months back and am on H4 now.

My husband's company is also sponsoring our green card. However the EAD for his application was denied, reason being that we already have an EAD card (from my application)

Can I start a business using my EAD card? If yes, then what happens if the company withdraws my green card petition.

Thanks,
Pinky


Thanks,
Pinky


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#[/QUOTE]
 
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.
 
HI
My husband is a US Citizen and I am in L1 Visa working for a reputed Indian Company in US.
My L1 is valid till november 2009.
My husband has applied for Family based green card and work permit for me in the 1st week of January 2009. I have recieved the NOA for I-485, I-131, I 765 and I-130. I have also received the finger print notice.. The Finger printing in the next week.
My employer is in serious problems now a days and several lawsuits have been filed against my company's former CEO in US and India.

My Questions are as follows
1) When will my green card processing reach a stage where I can stay in US without depending on my L1 Visa. How long does it take.
2) Will my green card processing have an impact because of my employers position
3) If my company is shutdown all of a sudden, then will I have to leave US immediately. In that case,is there any option to
continue to live with my husband in USA till I get my greencard.
4) How long does will it take for me to get green card.

Thanks
Venus
 
Hi,

Thanks Rajiv for taking time out and answering our questions. My brother applied for H1 extension under premium processing; his reciept date is Sep 10 2008. No query no updates from UCIS. When the company lawyer called, he was told that the case has gone for security check.

My question is: What are our legal options? What can we do to fasten this process? My brother's wedding is on hold due to this. Any suggestin would be highly appreciated.

Many Thanks,
Gauri
 
Question regarding visa expiration and OPT Extension

Dear Sir,

First, I'd like to thank you for offering such a great service. I got to know about it from a friend of mine. I have two questions to ask actually.

First, My Visa is expiring this May '09 (I cannot see any expiration date on my i-94). However I have my OPT valid till JULY 9’Th now my question is will I be in any problem after my visa expires?
Second, Can I apply for h1b on April and apply for OPT extension on May or June for the 17 month extension? Can I do both?

Please advice.

Thanks again
 
Convert Employment based AOS to Family Based AOS

Hello Sir,

First, I would like to THANK YOU for this great service.

Here is My case:

1. I am on H4 visa and also have an approved EAD through my husband's EB3 employment based category and the priority date is OCT 2004.

2. My sister is a US citizen, she filed a family based(4th category) petition for me and for my husband in Nov 1997. (Iam the beneficiary)

3. Now the family based priority date is current and I need to apply for adjustment of status.

4. My husband is the principal applicant in Employment based petition and I am the Beneficiary in Family based petition. We both applied for employment based I-485 and is pending.

5. Is it possible to convert the employment based Adjustment of status to family based AOS? What is the process? or do we have to file another AOS separately for family based?

Please advise...

Your help is highly appreciated.

Thank you,
Sree
 
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EB3 to EB2 Porting question. EAD pending for 17 months

Hello Rajiv,

Thanks for hosting conference session. Here is my question.

My I-140/AP has been approved and my I-485 has been pending from July 2007. My priority date on I-140 is Oct 2003 (EB3) and the dates are not current. My employer is willing to cordinate with me to file EB2 application and wanted to know the following questions and if its possible, then I need to contact your office to discuss further more:

1. How long will it take to file labor certification and I-140 and get it approved for EB2 and port the priority dates? Can I file I-140 in premium processing?
2. Can I do this with any other employer or this can be done by my current employer only?
3. Also, how does this I-485 works, I filed I-485 in July 2007 when the dates where current, but now its not, technically, my I-485 should get approved becuase USCIS received it in August 2007 when the dates where current? Will my I-485 be checked only when the date is current again?
4. My EAD is pending for more than 17 months now, I visited three times the US field office by getting Infopass appointment and still my EAD is pending. I have filed new EAD two weeks backs and I have got the receipt notice but its still pending? What should be done inorder to get this resolved?

Please reply and I really appreicate your help.

Thank you Rajiv. Regards.
 
I-140 Pending question

Hi Rajiv,

I have a one quick question:

My employer filed for I-140 labor substitution and they received RFE after one year. The RFE was replied and USCIS received the documents and my I-140 is still pending. The 60 day period has been passed and I-140 still pending. My employer called USCIS and raised SR and they received a letter which states the following:

"Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below."

Now my question is what does this additional review means. I read from couple of forums that it means security clearance, is that true? Also, is there any way that I can expediate this process? Please reply.

Thank you so much.
 
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