RECORDING available for April 9 Conference Call

Status
Not open for further replies.
monica1

monica1

Administrator
Staff member
Download April 9 Conference Call recording.



Next Call---------------------------
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Date: April 23, 2009

Conference Access Number: 1-785-686-1324
Conference Passcode: 552855

NOTE: This call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.
 
Last edited by a moderator:
Hi my name is jasmine. My case is a derivative adjustment filed since jan 2005 no reply yet. they just keep on transferring the case from one office to another.no visa number they say. How much more long is it going to take for my green card.
 
Declaring customs incident in Citizenship application

When I entered the US 3 years ago, I haven't declared food items (dried Lamb) that I am bringing into the country and paid $100 penalty at US CUSTOMS.

I am now eligible to applying for Citizenship. My question is

(1) I cannot weigh in the seriousness of it. How serious is it?​

(2) What do you call that incident – a crime / offence / citation / misdemeanor / detained?​

(3) Should I declare that incident in the citizenship application N-400?​

(4) What is the worst case scenario if I declare/not declare?​

I really appreciate for your time and the service you’re doing to the community.

CSB
 
EB1 Green Card and Marriage

Hi Rajiv

Question is for EB1 category (for my brother)

His 140 is approved and his 485 has been filed. He has also completed this finger printing etc. His H1 (6 years) expires in Jun 2009.

Now that he is going to get married what is the best way to bring his wife here to the US.

Thanks
Chetan
 
priority dates for visa bulletin

Hi Rajiv

My i-140 EB-2 NIW with a priority date of July 07 has been approved but I am unable to file I-485 as the visa bulletin has not reached July 07.Do you think or do you have insight to the priority dates reaching July 2007 in July-August 09 visa bulletin so that we can file our I 485.
 
Ead

Thanks for your help to the community. My questions is:

I have an approved I-140 and my I-485 was filed along with I-140. Now I am using my EAD. My wife who is currently on H1, can she become a part of my GC application at this stage and get an EAD right now or she has to necessarily wait to become a part of my GC till my PD becomes current?:
 
H1B Transfer issues

I am in my 7th year of H1-B. I have a valid H1-B visa with my current employer. My wife is in H4 visa.
I was about to loose my job so I found a new employer and applied for H1 & H4 transfer (I-129 & I-539) and received receipt. After all this, my current employer offered to extended my job and I took it. I don't want to cancel the H1 transfer and I want to keep it as a backup.
Q1. Is there an issue in continuing to work for old employer after receiving H1 transfer (I-129) approval? If yes, then what is the remedy?
Q2. Is there an issue for my wife to stay here after receiving H4 transfer (I-539) approval? If yes, then what is the remedy?
Q3. Do I need to let my current employer know about H1 transfer I applied with new company? If yes, then what can they do to bring me back to their H1?
Q4. Can me and my wife travel outside the country and come back with old employer's stamping & H1/H4?

Thank You.
 
Switching Job on EAD

Hello Rajiv Sir,

I am on bench since December (4 months) and my employer has not been able to find any projects for me.

I am on H1-B Visa (3 more years to go) and my employer is also doing my GC processing.

I had used a pre-approved LC and applied both I-140 and I-485 concurrently during the July 2007, when the priority dates were current. I have my EAD valid for 2 years.

My I-140 was approved in Feb 2009 and my I485 has been pending for more than 180 days.


My questions are:
1) Should I inform my current employer that I am quitting his company before filing AC21 or after filing AC21? When is the correct time to inform him?

2) I have my I-140 approval copy (complimentary copy) with me. Can my current employer revoke my I -140 even after it has been approved and I have filed for AC 21?

What are the implications if the employer revokes my I-140? What should be my action if he does that?

3) My H1-B visa from my current employer is stamped on my Indian Passport. Can I travel to India on 25 June 2009 and come back to US on 20 Aug 09 on my current H1 visa, even though I switch my employer in April 2009?

4) I have a copy of the pre-approved LC, my ETA 750 B form (about job description) and I-140 approval receipt. What else do I need from my current employer to be able to file AC21 successfully?

I want to be fully prepared and fully aware of the damage my current employer can do to my GC processing after I file AC21.

5) Till now, my case was being handled by Lawyer A. After I switch employer, Lawyer B will be filing my AC21. How do my entire bundle of documents (140, 485 filling documents) would go from Lawyer A to Lawyer B.

I am asking this because in case there is an RFI on my 485 application from USCIS then how will Lawyer B (new Lawyer) know exactly what all documents were sent to USCIS.

6) My future employer has also agreed to file H1 transfer for me. Does it make sense to do H1 transfer as well as filing of AC21?

After H1 transfer has been filed, will I still be able to make my trip to India and come back on the same H1 Visa that I have on my passport in Summer 09?

7) I assume that my current employer will revoke my H1 as soon as I tell him that I have plans to leave him. Therefore, what should be my strategy to do H1 transfer and AC21 filing sucessfully without giving him much time to do any damage to my GC processing (I am too scared to getting out-of-status or having any kind of issues with my GC processing).

8) A friend of mine suggested to write to the US President's office about the delays in the processing of applications by USCIS, specially at the Nebraska Center. Does it make sense?

Please help.

THanks and Regards,
Raj.

P.S: Although, I could see several threads on your website about AC21, I could not find your blog about AC21 which you mentioned to me last time that you have published it. Please send me the link of that to Rajdeep.singhania---at---yahoo.com
 
Last edited by a moderator:
H1b g_q

Hello,
I'm on F-1 visa working on my MS thesis, i have previous exp in india and here in US on CPT and OPT with US employers..appx over 3+ yrs in total. Since i have still not graduated, so i filed under regular/general quota, and if i get into possible lottery or in general, then can USCIS ask for any additional docs (like previous tax returns when i worked on CPT and OPT) since tax returns of the employer are usually submitted while filing H1B, and not of the employee. Pls assist!
Thanks
banti
 
HIB and H4 Visa Validity

Hi Rajiv,

First ,thank you for having this thread..It help a lot to everyone.

I have few question.

I got an approve HIB Visa last Sept. 2008(With H4 Visa for my family)
unfortunately i nevre go to US to wok after the approved visa
because the comapny who petition me is affected by the recesion.

1)Can i still come to US and work ,lets say after a year using my approved
Hvisa(3 years validity)?
I am not sure if i will be having trouble coming since i never validated my
hvisa upon approval by coming to US.?

2)If ever they deny me,cause i come to late..Can i withdraw my entry so
i dont got the'deny' record?

3)I had been to US 2x already as a tourist and business trip(I got a valid
10 yrs M Entry BI/B2 visa too)
If ever my entry will be denied using my Hib visa,will it affect my future
US trip as a tourist?

4)What is the best things i can do to save the validity ofmy HIB Visa?


Thank you so much,
EL
 
abandoning and reapplying for green card

1. If you had a green card then you gave it up and then after sometime applied again do they hold it against you.

2. If you have no job and no house but do have enough money to support your spouse or can find a joint sposnsor, can you sponsor them for green card when you are US citizen.

Thanks !
X
 
H1 B Transfer Query...

Hi Rajiv
My Husband changed his employer in Jan 2008 since then the case was pending now on Apr2nd 2009 he received a query asking for
->Previous work performed at end clients, Vendor details, succession letter etc…
->And also the contracts which state my future work assignments with end-clients for asked H1B extension period. His employer is working on how to answer the query.

My question here is even after answering the query if it gets denied. Will he be out of status starting that day??? Can he apply for H1 transfer to a different employer at that point?? Please let me know what will happen and possible routes to choose…

Thanks for your services.
 
Family based green card

We have I-485 interview next month for my wife who is on H1-B but she has not been working since 2007. Her H1B visa expires in Apr 2010. We have all the required documents except her W2s and paychecks. Would that be mean her I-485 would be denied. I was told that her out-of-status issue would not be an issue as she is married to a US citizen. Please can you shed more light on this issue.

Thanks.
 
Ageout kid.

Dear Rajiv,
My son just crossed 20 years in last month. he is born in 1989.My 485 is pending with USCIS. my priority date is 06/2001 under Eb3. THIS IS AT tsc. What should i do now. steps involved for expedite request and when i can do this.
Your help in this regard is highlyy appreciated. thanks
 
EAD Extension money refund

Hello sir ,

I applied for my wife's EAD extension on 03/23/2009 . The Previous EAD was to expire on 06/06/09. We received our I-485 approval on 03/25/09 . Just 2 days after filing EAD renewal .

My question is :
1) Since our green card is approved and has been received , will uscis be refunding the check's given with the EAD extension application ? If yes then generally how long does this take ?
2) If No then is there way we can appeal to get the money back ?
3)Do they send the checks back to the postal address ?


Note : The current EAD extension application status at USCIS :
Application type : I-765
Current status : Case recd and pending on 27th march 2009 .

Thanks for your time .
 
Citizenship Eligibility

Hi Rajiv,

My cousin referred me to your website to seek advise as my case is a little complicated. My Green card was issued on 7th July 2004. I was married at the time and working. I had a continuous residence in the US until 7th Feb 2008 (with occasional vacations to India). However, I decided to come to India to take a break after my divorce in Jan 2008 and I am now working in India. I made a trip to US in July 2008 and Jan 2009 to keep my continuous residence status and have also filed my taxes as US resident. I have kept my cousin's address as my permanent address on all my Bank Accounts, 401 K communications etc.

My questions are:
1. Am I eligible to file for citizenship now - April 2009 per the regular criteria?
2. If I apply from India, will the photographs taken here be accepted?
3. Will I have to make another trip in July to keep my continuos residence?
4. How do I handle staying outside the US and still applying for citizenship question in the Interview if I get to that stage? Is it OK to tell them that I am now working in India?
5. I have heard that the interview, fingerprinting and oath notices are sent at very short notices by immigration office. Is that true? If so, I may have a problem getting to the US in time for the same.
6. How soon will I get fingerprinting notice after applying for citizenship? I will file from California - stay in San Jose.

Will greatly appreciate your guidance and advise Rajiv.

Thanks

Regards
 
Last edited by a moderator:
I 485, FP question ?

Background:

I have a petition (I130) for my folks and also have file I485 concurrently as well.

Currently my folks have recieved parol and the I130 has been approved. They had to leave for a family emergency and will not be back for another 2 months.

We had completed FP twice last Sep'08 and then Oct'08 (as we were requested to come backup as i am assuming the FP was not clear). However I have recieved yet another FP for my mom and she been asked to come in two weeks.

Hello Rajiv,

Hope you can answer some of my questions:

1. Can you recieve a I130 approval separate or prior to I485 ?
2. What happens to the I485 when a person is travelling on parol ? Does it stop completely and get activate when they are back ?
3. On FP rescheduling should I email a letter along with prior FP and what else should I include ?
4. Should i also go to the FP center locally and mention that my folks are travelling and hence can't make the appointment ?

5. As these are for my aged parents I really ask for some words of wisdom/guidance as the mental agony that i am going through on this can't be expressed ?

Thanks,

Raj
 
Hello Rajiv,
I am eager to start my GC process (NIW) asap. I have a concern though, I am in H1B and my husband is F1, do you think I can add him as my beneficiary or will it affect his F1 status?
He is in his final year of PhD and is afraid that if I were to add him, it will affect his student status. In that case, can I still go ahead and get my GC without adding him.I guess I'll still have to mention him under marital status.

Thank you for your time and help.
Pauli
 
Layoff from Job - Your advise for next steps ?

My status- 140 approved, 485 pending for more than 180 days, PD EB3-India sept 2003. EAD valid till Aug 2010 (never used it as was working on H1b and was never out of status, I have copy of all the paper work

my questions are following where I seek your advise

1. Employer will inform about the H1b to USCIS by April 15 2009 ( My last date was March 31 2009) but will not inform about 1-140. Will this action have any negative impact on my pending 485 application and over all to my legal status?

2. I was told by my employer’s law firm that I can apply for unemployment insurance (state of MA) using my EAD card , my question is what is your opinion on this step keeping in mind my pending 485 status as I do not want to mess that process.

3. When the dates are not current what in your experience could be the time frame when I can receive any REF, or any biometric notice for renewal etc on pending 485 applications

4. If I am asked what is my legal status after the layoff? Please advise will it be AOS pending?

5. What things I need to keep in mind and ask my future employer in order to have a AC 21 portability letter send over to the USCIS ?

6. Can I be in India from some time and return back on a valid AP ?
 
Thank you very much for this service sir. Our 140 (EB2) is pending over 500 days now. On opening service request we got a response that it needs additional review and it says if you do not receive any decision in 6 months to contact customer service. From our side, we do not have any problems. Is this a standard response ?. however there have been no LUD's after the receipt date. Currently we are in the 6th year of H1B.
I have 3 questions

1. Is it prudent to change the employer and start the green card process again ?.
2 His current employer is not disclosing issues if any. He may not even provide him an experience letter if we decide to move to another company. Will just the proof of paystubs and offer letter suffice?. We have a copy of PERM approval they filed on his behalf . Will all this be sufficient to prove experience?. Since his is a consulting company, He does not have anyone now working from his company on the client site, so it would be difficult to get affidavit from co-employee ?. He has past experience letters. he is a Masters degree holder and has over 5 years experience.
3. Is there any way to find out if the employer is under Investigation, so that we can safeguard our future or find another employer. ?.
Thank you very much.
 
Last edited by a moderator:
Status
Not open for further replies.
Top