Recording available for Aug 2 Conference Call

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monica1

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Audio Recording - http://www.immigration.com/community-conference-calls-recordings

Video Recording
[video=youtube;jyN-X-og1RU]http://www.youtube.com/watch?v=jyN-X-og1RU&list=UUm4s1qwOSzlqa7nOKeGOA5w&index=1&feature=plcp[/video]

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Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: August 16, 2011

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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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From AD

I am a Naturalized US citizen and only son. My father and mother went for Immigration interview recently in Mumbai and their application has been put on Administrative procedure asking them to submit additional documents such as 1) Documentation of previous overstay 2) Affidavit of birth and 3) Past Passports. Finger Printing was done during the same time at Embassy. Ages 84 and 81 respectively.
>
> I do have copies of past visits and extensions from INS and delays in leaving US. This was in 2002 when their health was not very good to let them go on their own so I accompanies them back to India. The last extension was necessary due to ill health for my mother for which the physician requested additional time. The final extension posted and received from INS was a month later than the approval date stamped on it by INS, hence there was no way to comply anyway at our end and on top of that I was not willing to risk lives for complying with dates which were already past due. Hence in short they left with about 3 months delay from US when they were strong enough to leave. Just fyi, over the past several years(before I became a citizen) my parents went for visitor visa in India and each time the same overstay reason was cited in rejecting their application to visit us here.
>
> What can you do?
>
 
I am currently working for a client through GC sponsoring consulting company on H1.
In 2 weeks I will be taking a fulltime job on EAD under AC21 (EB2 India, PD- may 2008).
The client I work for want me to work for atleast 3 months and I do not want to let go of the fulltime job too.

I am planning on working for 2 jobs for 3 months and then will work only for the fulltime position (client is fine with me working in the evenings and weekend).

I am doing AC21 without the knowledge of GC sponsoring company as they have been mean to me through out and fear that they might cause trouble like not paying, withdrawing etc etc.

so technically client job is on H1 and new job will be on EAD and my questions are:


1) once I start using EAD for new job, will I be automatically converted to EAD for my client job too
2) is there a way for me to convert to EAD with GC employer without them knowing?
3) can I work on both H1 and EAd at the same time?
3) How do I worK for both the jobs on EAD?
 
EB3 to EB2 porting

I have EB3 priority date of Nov 2007. Before 2007 I only had 3 year degree from India so I was not eligible for EB2. Now I have masters degree. Somebody told me that I can apply in EB2 but cannot port my old priority date from EB3 because at that time I was not eligible for EB2. Is this true? He told that this is a new rule passed by USCIS in Feb. 2012.
 
H1B Transfer beyond 6 years based on approved 1I40

I am in 7th year of H1B and I have extension until Jan. 2015 with my current employer:

1. If I apply for my H1B transfer in regular mode with copy of I140 approval and leave my current employer, it might take 3-4 months for USCIS to start looking into my case. By the time my current employer might revoke my I 140. Would USCIS deny my H1B transfer? If yes, is it advisable to apply in premium mode in my case?

2. My new employer will start my GC process when I join them. What if I get only few months of extension with my new employer on H1 transfer? Could there be a risk factor assuming labor takes time due to audit?

3. Is the H1 approval with current employer be of any use after transfer? Can I claim the approval period with my new employer in case there is no approved I140 at that time?
 
H1B Amendment Requirement

Is it mandatory to file for H1B amendment if employee is moved to a new client location? Isn't getting the new LCA sufficient?
 
I-140 Category and Priority Date porting

Company A applied for my labor & I-140 & I-485 and got EAD thru that with priority date of Nov 2006 in EB3 Category. I switched to company B invoking AC21 where i am for last 2years.

Thru Company C applied for future employment and i got an approved I-140 in year 2007, in EB2 Category and has priority date of Aug 2004. The Company C got closed last year or so and is no more operating, so my questions are:
1) Can I use both EB2 Category and also the priority date of Company C?
2) Can I use just the EB2 Category of Company C?
3) Can I use just the priority date of Company C?
Thanks a lot for your service.
 
F1 Student Visa

Dear Sir

I have a question regarding F1 transfer.
Currently I am arriving to USA on 1st Week of August to University 1.
* I already have the F1 Visa for University 1
But I got admit to University 2, this is the university I personally prefer to go, since they had delayed the admission
I went for Visa with University 1.
I had made all my travel plans to University 1.
Upon Arrival to USA, without even doing a Semester at "University 1" can I immediately join University 2.
Is there a procedure I have to go through for that.
Or Should I be completing 1 semester and then transfer to University 2.
 
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