Recording available for August 16 Conference call

[mutu10]

N400 with domestic battery

I want to apply for citizenship.
this is how my case goes:
- 05.2005 I apply for green card 08.2005 I get arrested for misdemeaner battery(wife called cops we had a fight- i was arrested taken to jail, mug shot and signed out right away) 09.2005 went to interview and got the 2 year green card. I was offerd deferrd prosecution for 12 months with Anger Management classes, I completed everything than one year later(10.2006) the charge gets dismissed
- before I applied for the conditions on the 2 year green card to be removed I hired a criminal lawyer to vacate the case, he filed a motion to vacate conviction and the offense was vacated on 06.2007 and the offense was dismissed on prosecutor's motion at that same date. The conditions on the green card were removed and received the permanent green card.
- now I want to file N400 and I am cofused and would like to ask you for advice:
first how do I answer the following questions:
15. Have you ever committed a crime or offense for which you were not arrested?
16. Have you EVER been arrested, cited, or detained by any law enforcement officer
(including INS and military officers) for any reason? Yes No
17. Have you EVER been charged with committing any crime or offense? Yes No
18. Have you EVER been convicted of a crime or offense? Yes No
19. Have you EVER been placed in an alternative sentencing or a rehabilitative program
(for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)? Yes No
20. Have you EVER received a suspended sentence, been placed on probation, or been paroled? Yes No
21. Have you EVER been in jail or prison?*

my only other run in with the law is a trrafic ticket(failure to stop at stop sign) paid a fine

should I apply now and get it over with or should I do something else before I apply?
should I get a lawyer or not(why?) does it matter the grounds that the domestic battery was vacated on?*
please let me know if you could help, your advice will be very helpfull
Thank you

 

[koga_1984]

H1-B transfer with I-797 B

Hi Rajeev,

I am student on F-1 status in the US with I-20 valid until August 2013. My H1-B was approved in March (2011 quota) this year. After getting H1-B approval, I made the mistake of not asking for a copy of the approval notice immediately from my employer. Recently, when I did get a copy from my employer, I realized that it was form I-797 B which meant that I should have got a stamp before resuming work in March on H1-B status. We are now trying to get a change of status to get it converted to I-797A so I do not have problems explaining the illegal work status I had from March during the visa interview.

In case we do not get the change of status, I am planning a trip to Canada/India to get my visa stamped. If I had another company willing to sponsor and transfer my H1-B, Can they file for change of status along with the transfer petition or should I apply for a transfer only when my current status is resolved?

Thanks a lot and I appreciate your help.

 

[minnie117]

US citizen walks out of marriage; wife on conditional green card

Dear Sir,

my daughter married a US citizen, got her conditional green card and moved to NYC city to live with her husband 9 months ago. She sold her condo and other property in Canada and transferred all her money into a joint account with him. He has now abandoned her after cleaning out their joint bank account, leaving her completely broke and is living at a different, unknown address.

Can he withdraw his sponsorship and have her green card revoked if she files for a divorce to get some of her money back and then file for waiver to remove the conditions on her green card?

Thanks very much.

 

[ksue]

H1b/1 yr leave of absence

Hi:
I am working on H1B and will be taking leave of absence for 1 yr (10/12 to 09/13). My H1B expires on Jun/30/2013 (6 years used). I have an approved I-140 (EB2-NIW). I-485 is pending (PD nov/2008).

Can my employer apply for H1B extension while I am outside India? Will being on Leave of Absence without pay be a problem (esp when i go for the visa)? (I have EAD/AP till May/13, so that will not help me return in Sep/13 and I will be dependent on the H1B extension.)

If my GC gets approved in the mean time, can I enter on H1B? Or can I have the GC mailed to me so I can come back on GC?

I appreciate any advice. Thanks.

Sue

 

[Maritess]

how can i know if my visa is cancelled

hello i have my visa already and it will be expired this coming october 2012 and i didnt come to the usa how would i know or how can i know if my visa is not cancelled.

 

[Rajiv S. Khanna]

Hi!!

My mother made an application for my sister any myself along with our children (one child each). I have since been waiting; I want to go to college and due to the uncertainty, I have put it off and I am still waiting for a response.

She hired an immigration lawyer when her status was permanent resident (green card) and the case was submitted when she received her citizenship.

I was advised to do a Police Record, which expires this month and I would like to know when to expect a response.

Thanks!!!

Tamara, read the visa bulletin to determine where you stand in the line up for visa numbers for green card. Go here: http://www.immigration.com/visa-bulletin

The rest, we will talk.

 

[Rajiv S. Khanna]

Hi Sir,


I have been working in US on H1B visa since 2007 and it is going to expire in April,2013. 2 years ago, I joined a company as an IT Director and the job posting required Bachelors Degree and 15+ years experience.

The company has just started my GC process and I ran into an interesting issue with my attorneys..

They say I am not eligible for EB2 based on the equity analysis(?) they have done within my company.. They think most of my peers in the company have mixed qualifications, means, they don't qualify for EB2 and hence, I can not qualify for it as well... Probably those employees must have gone through the ranks to become directors.. Interestingly, they filed EB2 for two employees who were reporting to an Associate Director and positioned way below my grade in the company.. Look at the attorneys answer below when questioned on it..

'The deciding factor for the INS is not what position you currently hold but the educational level of the peers that are in the position. In your case, the educational mixture is more mixed (Masters and Bachelors) and in the case of your direct reports, the mix is a little more consistent. This is not something we consciously did in relation to INS requirements but how it happened to work out at the time of the hiring.'

Not sure whether this argument is right or not and what should be my next step...

Appreciate any guidance.

Regards,
Krishna

May be the context of the conversation would make sense, but the lines you have quoted make no sense. I think you need a second opinion; preferably, with your lawyers on the phone as well.