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J1/niw(hpsa)/ac21

Hi Rajiv, appreciate your great community service.

While completing three years of HPSA service (J1 waiver obligation) we filed our adjustments in 2005 based on an approved I-140 (Labor RIR) and later realized it was 2 weeks short of three years of actual HPSA employment although the duration of my H status at the time of filing AOS was 3 yrs+10 days. This kept haunting me and since I continued my job there in the same HPSA location now for more than 5 years on H1B ,I also obtained a NIW/HPSA I-140 approval in 2006 and filed another I485 based on this NIW/I-140 in July 07 fiasco. Our A # remain the same on the two AOS.I am from a retrogressed country.

Questions:

1. If RIR/Labor based AOS is denied because of the technical issue of slightly early filing, can I still continue to work based on EAD from pending NIW based 2nd AOS.

2.Is there any advantage of converting RIR/labor AOS to CP and continue working in US based on EAD from pending NIW/AOS.


3. I have already completed more than 5 years in HPSA and if I move to a fellowship with much less wage should I worry about AC21... in other words does AC-21 apply to HPSA/NIW after you have fulfilled 5 years of underserved area service commitment.
I think such a move would definitely affect my Labor based AOS.

4. Do you think that I should inform USCIS of two AOS… both are EB2 (one RIR/Labor and other NIW/HPSA--both I-140s approved …. one employer sponsored/labor and other self NIW for the same work location) and ask them to apply my RIR priority date which is 2 years earlier than NIW based AOS.

Thank you very much.
 
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i140 denied and need help

hi rajeev,

My I-140 got denied during my 7th year extension.My 7th year H1B extention petition is still pending. If I go for
my I-140 appeal now
1) Can I get my H1B extended based on the appeal.
2) Can I file a new perm since I am in my 7th year extension.
3) Does my H1B extension period end the day the appeal is denined.
4) If that PERM matures 1 year can I take an H1-B extension on that
 
Hi Rajeev,

I have a Question Regarding the I 864, i have applying for my GreenCard through my wife who is USC and she is currently studing and no income at all and i am on H1b for past 3 years and i earned around 90k annually and i am been filling taxes for past 3 years and last Income tax returm form i showed my wife as a dependent. Now the question is how can i fill this form

- I can fill I 864 (my wife but with a houseold member form )form and I864 A (me sponsoring myself)

OR

-I 864 form (my wife with a joint sponsor) and I 864 form (fatherin law income he has 80K income for dependents 4 his fmaily and 2 us me n mywife ) and what are the documents needed from my father in law if he is sponsoring me ? and also can i still file I 864A (me sponsoring myself) to make case more stronger.?

Pls provide me in details thanx.
 
I-130 & I-485 for parent

Hi Rajeev,

I filed for my Father -I-130 & I-485 on Oct 11th 2006
First FP 11/02/06 Second FP 11/22/06
Asked for Medical Report and was sent on Dec 6 2006.
I-130 and I-485 was Transfered to CA Dec 19th 2006.
3 times I called the Service Center and opened Tickets - No Response. In Feb 2008 they responded with a Letter in the mail dated 02/19/2008 that wait for 45 days and until now no response. I did go to the Local INS office twice and they say nothing is worng - you have to wait.

In these Categories I have heard people get their approval in 6 months and we have waited for more than 1 1/2 years.
What should I do at this point.

Thank you for your help.
 
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H1b transfer on acquisition

Hello Rajiv,

Could you please clarify? My company got acquired by another company, doew my new employer has to file an H1 transfer or would my old h1 be valid since its an acuisition? Thanks,

Siddhartha .
 
Hello Rajiv,

My Wife and I filed for I485 separately before marriage in EB2/EB3 category. Now I would like to add her to my EB3 case. Should I file a new I485 and medical forms for her without withdrawing her existing EB2 case? Does a new I485 for her means new application fo rEAD/Advance parole as well? What are the chances I am taking that my I485 got approved while we applied to adjust her in my existing case and INS withdraw her existing EB2 case in meanwhile.
 
date portability across EB2 & EB3

Hi Rajiv,

I have filed my I-485 in July 2007
Company A holds my H1 and presently working
* Jan 2005 EB2 I-140 PD.
* I-140 is approved in 2006.
* I-485 currently pending

Company B (Never worked)
* Jan 2003 EB3
I have Jan 2003 EB3 (labor is under my name) approved in August 2007 from Philly BEC and I-140 is currently under process.

Once this EB-3 I-140 from Company B is approved, can I interfile requesting to port the Jan 2003 date to my pending I-485 under EB2 category which is filed with Company A (present company) .

Do you see any issues with
* approval of I-140 from company B.(filed after filing of I-485 with Comp A)
* Request to port the Jan 2003 date to pending 485 under EB2 category

Thank you
 
222(g) Applicability

Dear Rajiv,

Thanks for the community service that you are providing. This question is regarding my grandmother. She has been visiting the US on a B visa for the past 7 years (5-6 visits). During 2 of these trips she applied for visa extensions and was approved. During her last visit, she applied for an extension, and was denied.

Her denial letter came about two months after her I-94 expiration date. She left within days of her extension denial.

Questions:
1)I understand that her visa is now subject to 222(g) cancellation, since she is considered to have overstayed as a result of the extension denial, is this correct?

2)I have read that application of 222(g) is at the discretion of the officer at the POE. Is this correct?

3)Based on your experience, is it even worth it trying to re-enter on the current visa which expires in 2011, considering that I feel she has little chance of getting a new visa?

4)Are there any other remedies? eg. Appealing the denial, which would clear her overstay issue.

5)Any advice if she decides to re-enter on the current visa?

Thanks again.
 
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Question on Use of Advance Parole And H1B Transfer

Hi Rajeev,

1. My I-485 is Currenlty Pending. I have my EAD and Advance Parole,
I have the H1B Approval with I-94 Attached, which is valid until 2010.
The H1B Visa on my Passport is already Expired.
I want to Travel Out of US for 2 Months, and Enter back USA on
Advance Parole, Is it OK if i enter US after 2 months Vacation.

2. My Home Country is INDIA, my Plan is to travel from US to India,
From India to Saudi Arabia for 1 Month, and again back to India
And from India back to USA.
Will this Travel to another Country from India create any Issues in
the use of Advance Parole.

3. After i Enter US on Advance Parole, can i do a H1B Transfer to another
company, will USCIS give me an I-94 with H1B or will they ask me to go
out of US and Get my Visa stamped.

Please let me know.
 
Hi Rajiv:
Thanks for providing this great opportunity as a free service. Here is my question:

-----------
I filed my I140/485 based on LC sub (MS+2 years - EB2), my I140 denied in 10/2007 after rfe since USCIS was not convinced that my MS from BITS, Pilani is equal to 2 years masters. But I already have an EB2 approved I140 from TSC with my original LC and we wrote letter to NSC before sub lc I140 is denied to port the TSC I140. But they sent me a intent to revoke notice in 10/2007 on TSC approved I140 too and after we replied, they had denied my I140/485 two weeks back. I have 9th year H1 until Jan2009. PERM is filed only last month.

What are my options now?
My qualifications are Diploma in Comp Engg, Hyderabad+AMIETE+MS, Pilani.
My original I140 (MS+3 years or BS+5 years) is revoked since they are not convinced my MS or AMIETE qualify for this I140.
Could you advice? Did you have success rate with AMIE/AMIETE in EB2 from NSC?

Thanking You in Advance
 
date portability

Dear Rajeev,

I filed my I-485 under future employment with a company A with May 2004 EB3 PD. This is a sub labor and I-140 is also approved.

I am presently working with other company B and my PERM labor under EB2 (Masters degree from US)is approved in March 2008. I'm about to file my I-140 and want to port the date of May 2004 EB3. Will there be any problem to the one already filed with I-485 from company A, if by any chance I have to leave company B?

I heard that all we are doing is requesting the date from that application and no harm will be done to pending I-485 application. Is that right?

Please suggest.
Regards
Ram
 
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Hello Mr Rajeev,
I would like to know about my 485 pending case .We have applied 485 in Aug 2007 and now my EB3 INDIA PD Date are current as per May Visa bulettin ( OCT 2001) , Do you have any idea how long it will take to get approved.
Do you recomoned call USCIS or make infopass apoointment ? Please suggest

Thanks in Advance !!!
 
AP and date on I-94

Hi Rajeev,

This question is regarding my wife's I-94 and use of her AP.

She recently entered US using AP. She came on H4 and converted to H1 but did not go for stamping. She is presently working for the same employer who holds her H1. Her I-94 at POE is stamped until April 30 2009 as a parolee even though her AP expires on Dec 10 2008.

Her H1 is valid until Sep 2010. When I asked the CBP officer that she presently has H1 until Sep 2010 and will she be out of status after April 30 2009, as I-94 is stamped with that date. He said this date has no bearing on her stay and nothing to do with her legal status.

Can you please clarify. Even though she has EAD, we still want to and using H1 and she is with the same employer.

What is the significance of the date stamped on I-94? Will she be out of status after April 30 2009 and does she need to get a new I-94 after April 30 2009 to maintain her status? Please clarify on this.

Thanks
 
Multiple filings by differnet employers for the same employee

Hi ,

My H1B filed by different employers and both picked up in the lottary.

Is there any negative consequence on approval of H1B petetions because of this ?

Would you recomend to withdraw one of the application ?

Thanks,
 
Hi Rajiv,
This is really a great community service.
BTW,
My details,
LC substitution with PD Nov 12, 1997
I-140 applied May 7th, 2007 and approved on Jan 10th, 2008
I-485/EAD/AP applied on Feb 12th 2008 along with spouse and child.
EAD aproved date (for both me and my wife) May 16, 2008 (still waiting to recieve the card)
AP still pending.

My questions
For the current Priority Dt applications, do USCIS process the applications
1. Order by Application reciept date (or)
2. Order by Priority Date (or)
3. Order by Priority Date then Application Dt (or)
4. Order by Application Date then Priority Date

Another question is,

Is it posible to bring my brother/sister-in-law and sister/brother-in-law on a visitors VISAs for a visit (they are elder and like my parents)?
Being on 7th yr H1B, am I eligible to sponser them for their visitor visas?

Please advice.

Thanks in advance,
 
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Hi,

Thank you for this great service!

During my N-400 Naturalization interview, the interviewer asked me for the copy of my DMV driving record (I had a ticket, and he wanted to get a proof that I don't have anything outstanding). I have sent the driving record to USCIS.

What happens next? Will USCIS send me a letter with their decision, or do I just have to wait for the oath letter to arrive (assuming that they will approve the case)? It is taking a couple of months for Oath letters to arrive in my area, so should I just wait for 2 months? Should I schedule infopass appointment to know the result?

Thank you,
GCAwaited
 
Hi Rajiv,

My current first term H1 going to expire on Oct 01, 2008. My employer is planning to file extension in next couple of weeks, I am planning vacation to india in August and will be back to US during third week of August. What happens to my H1 extension if i go out of country before approval? will i get a new I-94 with my approval as it is just an extension not a change of status or will i get only H1 extension without I-94?

What do you suggest me to do in this scenario?

Thanks for answering my question.
 
Port priority date from EB3 to EB2

My I-140 already approved from EB3 category with priority date Oct, 2003 India. But I don't think that in near future priority date will current.

So I am planning to port from EB3 to EB2.

1) Is this port process can taken care easily without creating any problem to pre-approved EB3 I-140? Can you elaborate little bit, how the porting process work?

2) Currently, how long taking to approve PERM labor according you?

3) I did 4 years B.Tech from India and have 5.6 years of experience, do I qualify for EB2?

Thanks for taking my questions.
 
Retention/Transfer/Porting of Priority Date between EB classes at I-485 stage

Hi Rajiv,

Thank you for this great service.

My main question is on the priority date retention specified in 8 CFR 204.5(e) and its interpretation.

I am Indian national. I have my I-485 currently pending, which was applied in Jul 2007 based on approved EB2 I-140 with priority date Feb 2007. Recently, another EB3 I-140 (with labor substitution), from the same employer and having PD Feb 2002, is approved. As per the above law, I retain the earlier priority date. Can we inform USCIS about this and have them adjudicate my I-485 with EB2 and earlier priority date (Feb 2002) since EB2 then becomes current with this new older priority date for India. My atty says USCIS won't entertain this request since both EB3 and EB2, with their respective I-140 PDs indicated above, are not current for India. According to him, at least one should be current when requesting this type of PD transfer. I disagreed with him and asked him to send the letter anyway to USCIS requesting them to use the earlier PD in my I-485 case. We agreed that this is not an interfiling request, which requires the new I-140 (to which one's I-485 is being transferred to) PD to be current. But he still doesn't feel that USCIS would entertain this request. I feel that they should. Otherwise, what is the point of PD retention when not being able to use against the better category (EB2 vs. EB3 in my case). Please correct me if I am wrong.

Another question is on the correct procedure to inform USCIS about this fact. Looking for this info online, some took the approach of amending EB2 priority date with old EB3 priority date while some simply sent a letter to USCIS with a copy of EB3 I-140 indicating the earlier PD and requesting them to use it for the beneficiary's A#. Some have indicated that the former approach to amend the EB2 PD is incorrect and amendment should only be used to correct any typographical errors etc.

Critical question:
When sending such a request letter to USCIS to use the earlier PD obtained from a different approved I-140 (EB3 in my case), does this result in any amendment to the underlying I-140 (EB2 in my case) on which one's I-485 is based? My understanding is that the priority date is tied to an A# (individual) at the stage of I-485 and we are simply requesting the agency to update it to an earlier date on the merit of another I-140 approval with older PD and adjudicate the corresponding I-485 accordingly. Am I correct?

Thank you very much.
psv007
 
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