Recording available for Aug 16 Conference Call

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monica1

monica1

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Thread CLOSED to post questions for Aug 16 Conference Call in this thread.
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Recording for call is available for download at http://www.immigration.com/free-community-conference-calls
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Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
NEXT CALL Date: Sept 2, 2010

Conference Access Number: 402-237-5412
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.
 
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Employer Employee relationship - Stamping in India

Dear Rajiv ji

Thanks For Your Community Service.


I am working for an Employer who is headquartered in Chicago, IL. My current location is Boston and I WORK from HOME. I am soon going to India for stamping.

My question is-

1) If my Employer opens up an office in Boston, MA and I continue working from Boston office will this be considered as an Employer Employee relationship? As I will be the only employee working from Boston. If yes, then can I go for stamping in India and will that be safe?

OR

2) Should I relocate to Chicago where my CEO and other employees work as this will create an Employer Employee Relationship and it will be safe in getting my visa stamped?


My next Question is for my friend:

My friend has an EAD and valid H1 B. He went for stamping to Delhi, India and got 221g. Can he apply for AP from India or does he need to be present in the US to apply?

GOD BLESS YOU
 
Dear Rajiv,

Thanks for your community service as usual.

This is Yasasri. As you aware that i have filed for I-129F (as you reccomended with approval of prior I-130 and a divorce decree) to bring my fiancee here (K-1) for marriage and it has been close to three weeks to the process.

I am very worried as i brought my ex-wife here right after i became a citizen back in January 2007(I was married 4.5 yeras at the time, consulate is Sri Lanka).

Here is my question to you:
Will the embassy suspect that i do this for business (by the time when my fiancee goes for the interview it will be about 3.5 years after my ex-wife came here and bit over a year to my divorce and almost 8 years after my first marriage)? Should i submit a detail letter explaining everything including copies of my settlement (there was a settlement involved)? Perhaps with DS-230 and other supports prior to the interview. I am worried that they probably grill her at the interview and she might not even have time to explain the situation.

Pleasea advise me as how to prepare for this issue.

Thank a million.
Yasasri
 
H1B stamping in Mexico

Hi Rajiv,

F1-H1B-EAD-H1B

EB2 filed in Aug'07

Last entered into USA on AP. (AOS stamped on passport, i-94 expired on July 3rd, 2010)

Currently working on EAD. Have AP valid till Dec'2010

Got new H1B with new employer, with consular processing. City notified on H1: CHENNAI

In the last call I asked you if I can go for H1B stamping to Mexico. and you suggested yes. But then I told you I got i-94 with my H1 approval. But looks like the attorney didn't check it, and I didn't get any i-94 with my H1 approval notice.

Now my question is it advisable to go to Mexico (Nogales) for H1 visa stamping. I checked their website and it says:

Who Cannot Apply in Mexico:
Applicants for B1/B2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category.
Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.

So by seeing the above statements is it advisable to go to Mexico or go to home country for visa?

And does my H1 visa come into any "change of status" category based on my arrival into USA on AP and currently working on EAD?

If I need to go to India, can I go to Hyderabad instead of CHENNAI as mentioned on H1 approval notice?

Thanks for your recommendations.
 
Dear Rajiv,

My situation is like this...
I arrived in US in November 2008, and after 6 1/2 months, I submit my asylum application on May 2009.
My interview is around December 2009 and I was referred to judge. I will have my hearings March 2011.
Adding the complication, I win DV-2011 lottery.

My lawyer told me that I will not be able to adjust status here in US because I was out of status,
but local USCIS officer told me to go proceed with lottery since both are separate cases (and two weeks out of status is not a problem, she said).
What do you think regarding my situations here?

I know my chance in lottery might be slim, but I also don't want to throw it away.

Thank you for your advice to my situations. I really appreciate you doing this.
 
Enterted US on Parole for GC approved abroad

Thanks Rajiv for all your suggestions and insight about CBP . We spoke in the last conference call about my family coming on Parole for their GC approved while abroad.

My family just came to home. At POE, the officer mentioned that your GC is approved and allowed them on Advance Parole. Not even a single question asked.

Are they okay to have the "parole" status even after GC is approved or does this needs to be corrected to LPR status at the local CBP office?
Also, can this parole status affect the naturalization process in the future?

Please advise.

Regards,
 
Hi Rajiv

My labor and 140 has been approved from Company A in EB2, my priority data is in Jan 2008, H1 getting ended in NOV'10 and on my 6th year. Now i have an offer from Company B so if i transfer to this company would i get 3 years extension? Company B are willing to do GC in EB3 and that to after 2 years. Also if priority data gets current in the next 2 years can i come back to Company A and apply for 485, i want to know what are complications/steps involved in it?
 
AC21 / Job Change

Hi Rajeev
I would like to ask a question on Job change using AC21 . I have changed my job with similar job profile using AC21. We got the RFE on pending 485 case asking me to provide EVL from new employer , Salary and Stay in US from 2007 to till now. So we have provided all documentation which they have asked in RFE.

Now today , i found out my old employer trying to revoke my approved I140 ? ( My 485 was filed in 2007)
Will INS reject my 485 if old employer revoke the I140 ?

Please let me know.... my PD is current we have replied the RFE last week they recieved reply of RFE three days ago. Now My case file is with immigration officer as Customer Service told me when i called UCCIS.

Please advise......
Thanks a lot.
 
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Welcome notice has incorrect priority date for my son

Rajiv, My prority date is Nov 01, 2005. Our (family) GC got approved on Aug 04,2010.
We recieved both welcome notices and green cards.

I observed in the I-485 welcome notice of my son the prority date shows as Sep 08, 2008 (GC filed date), but myself and my wife has the correct priority date as Nov 01, 2005.

Should this be corrected? Please advise.



Thanks,
 
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Hi Rajiv,

Working for a company in H1B. Recently company is bought by all employees. Company name stays same, address is same, actually everything is same only Tax ID got changed. My work is also same.

Company HR talked to lawyer about immigration policy and my status. He said since it has been more than 30 days (around 45 days) that the company has changed its Tax ID, we have to send a amendment to USCIS and I have to go home and get new Visa stamped. Otherwise my employer can write an affidavit and have it notarized by local notary public and keep that in record. Employer chose to go with affidavit option.

Did we do anything wrong? Do we still have to send the amendment? If we do send the amendment now, then do I have to go home for the Visa stamping?

Thanks for the advise.
 
Hello Rajiv,

My mom application for GC has come to Interview stage. They want me to bring a copy of her original Birth crtificate. All we have is her passport stating date of birth and place of birth. What can I do?

thanks
Raman
 
Hi Rajeev,

I'm here on 5th year H1. I will enter in my 6th year by Nov'2010. My current employer had filed my labor in EB2 but it is under audit. My H1 max out by Nov 2011.
By seeing the current market trends, I wanted to take up full time job by transferring my H1?
Q 1. If I join a new company, can they process my GC (filing my labor) in 6th year? I have heard in order to get extension, labor should be filed before 365 days of H1 expire. Is it true?
Q. 2. With my current employer labor file, can the new company file for H1 transfer with H1 extension?
Q. 3. Is there any provision to file labor and I-140 concurrently in 6th year?
Q. 4. Is there any change in H1 rules for Private vs Public sector clients?
Q. 5. What would be the best option option at this point of time - continue with same employer vs joining new employer keeping my GC process in mind.

Thank you so much

Kris.
 
Traveled on expired AP

Hi Rajiv, I took your professional advice in June, 2010 on my situation where in i travelled outside the country on an expired AP unknowingly, and i was issued a humantarian parole for 4 days, to then leave the country.

As per your advice, i filed for an AP, left the country and also filed a H1 from my employer who filed my GC. (Crossing an year of filing 485, I worked for a different employer for the previous 2 months)

Now, i have my AP approved, also my H1 petition approved. I am about to go for a visa appointment next week.

Questions:

Considering the below
1. My pending 485 ( Eb2, priority date: 11/26/2006)
2. My spouse working on EAD ( GC filed as a dependent on me)

could you advise on:
1. Assuming my h1 visa is approved, What is the best option ( between h1 and AP) to come back with at the port of entry
2. If H1 visa is not approved, can i still come back on the approved AP.?

Thanks much
-g
 
Dear Rajiv,

I have 2 different Green Card Process going on.
1. Through my Wife as dependent on her Green Card Process. My wife has approved Labor, her I-140 in EB2 (PD: March 05) is pending approval (currently in appeals because of REF), we filed I-485 and we both have EAD. I am currently working on EAD which I got through my wife
2. I have PERM and approved I-140 in EB2 (Priority Date: Aug 2003)

We are not sure whether my wife's I-140 will be approved. Can we interlink my PERM and I-140 to my derivative I-485 which I got through my wife's process? Or do we need to file a brand new I-485 ?

Thank you very much.
 
AC21: does the job title matters?

Hi,

My GC was filed by company A with follwoing details:
PD: Jan 15, 2007
Category: EB2
Title: SOFTWARE ENGINEER

I changed my job to company B in Feb 2010 on EAD after 6 months of I-140 approval. (I-140 approved sometime in May 2007). Company B issued me a letter to support my AC21 application in which they matched the responsibilities exactly as mentioned in my original GC application however they mentioned the title as PROJECT MANAGER.

Will USCIS accept this? Will my GC be approved since software Engineer and PProject Manager are two different titles. Does the title really matters in this process?

Will appreciate if you could advise in tomorrows conf call.

Thanks,
imahajan
 
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I am sponsoring my wife on the CR-1 visa and my case has now reached the National Visa Center (NVC). We are preparing to send the DS-230 form along with all other civil documents of my wife.

On my wife's birth certificate, the name of her father is spelled SUDESH.

However, on the DS-230 form, the Bio Page of her Passport, and our Marriage Certificate, her father's name is spelled SUDHESH.

Will this spelling problem be an issue for the NVC when they evaluate the documents?
 
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Dear Rajiv,
Sorry if this question may sound silly, but wasn't sure who can help.

I've been working with an Indian IT multinational for the past 13 yrs and currently in US for the past 6.5 years on L1A visa. My employer doesn't file for GC and was was wondering on my options to have a GC. My wife who is on L2, doesn't work and so the possibility of going thru her employer route is out of question.
I still haven't identified a company that will do my GC, but was wondering if you can shed some light on other options that one my pursue to get a GC.
 
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