RECORDING available for August 5 Conference Call

monica1

Administrator
Staff member
Recording for call is available for download at http://www.immigration.com/free-community-conference-calls

-----------------------------------------------------
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
NEXT CALL Date: AUG 19, 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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Can my current experience be considered for EB2 filing ?

Around 2000, I joined Sun as a Software Engineer with 3 years of work experience and with an undergraduate degree in Computer Sc and have been working with Sun for the last 10 years. Sun has also filed my immigration petition under EB3 category and am still waiting...

Now, 4 months back, Oracle has acquired Sun and I have been offered a new offer letter and retained with the same team. Since then, I have joined a new team within Oracle as "Product Manager" that requires at least 8 years of software engineering experience. This new position is qualified as 'EB2' level and the new team is willing to process my immigration petition. I would like to know if my new immigration petition can be filed under EB2 ?

I would like to know if any of my previous work experience with Sun can be considered and my new labor can be filed under EB2 category ? More precisely, how much can I quote / use the experience that I have acquired in Sun from another team for the new position to successfully qualify for EB2 PERM


Any insight on this scenario is much much appreciated.
 
Dear Sir,

I am currently in Bangalore, India and applying for jobs in USA. I have found 3 consultancy firms to sponsor my H1, based on a end client offer letter.

Consultant Company A: very newly formed, with just 2 other employees. My H1 will their first. Company director claims, because he has no negative hisory H1 sponsorhip will be easy.

Cosultant Company B: Has 9 years history and once had 300+ people on H1. But last year, I heard there were some problems with the company as not following procedures of H1 and I was told they were lot of H1 rejections.

Consultant Company C: Has some 10 H1 consultants on their payroll, moderate sized company, but are asking me for $2500 security deposit to apply for H1, because I am in India and I might not show on after I get my VISA.

Do you see any risk accepting the H1 shopnsorship from company A and B. Also if once my H1 case goes into further scrutiny through company A or B, I have heard that once my H1 is rejected or put into scrutiny, in future any more H1 sponsorship in my case even with well establsihed firm like infosys or Microsoft will be delayed/scrutinized. Is this true?

And for company C, is it an accepted procedure to pay security deposit for H1 processing?
 
Posting on behalf of a friend:

Hello Sir,
My current company, is planning to send me to USA on L1-A visa (as business development manager). If they apply for my green card after I start work in USA, will I be automatically into EB1 category based on my L1-A (intra company for managers) visa.
 
GC issue

Rajiv, Thank you very much for your help. My parents are GC holders and went to india last year October 1. Due to issues in health and followed by property issues, they are not in a position to return to USA. Before they left they did not know of the extended stay and would have filed Re-entry permit.They were planning to come back in Feb 2010. Now we are not sure how long it will take to settle property issue. What are their best options now
1. To surrender the green card by filing form I-407 & get a visitor visa.
Is it possible ?

2. if all the issues are settled and they wish to come back and settle here, can we file for I-130 again ( As parents of US citizen).

Please advise. Thanks
Revathy.
 
My cousin is on H1B visa, I-140 filed and waiting to file 485, his priority date is Aug 2007 EB2. He has to leave for India to attend to some personal issues and take care of his parents for a max of year or so. He works for a consultant company with one vendor between him and his employer. he does not have stamping for visa now,but his H1 is extended till 2011 October.
1. Can he go to India and get H1 stamped after a few months, which may or may not happen due to the employer-employee relationship memo.
2. can he file for consular processing now itself, if so should he file now before leaving US & can you provide us a link for any documentation needed.
3. Is there possibility for priority date to move to August 2007 in a couple of months or so for EB2.
4. what happens if h1 is rejected and will consular processing be affected ?.

Please suggest on the best way to proceed.
 
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I140 issue after AOS approval

Dear Rajiv
Thanks for providing this excellent community service.

My situation:
I have some backwages unpaid from my H1b days. The payroll thing progressively degraded over last couple of years to the extent that payment was received only after continuously chasing the staff. Empty promises to make it better every month. So eventually, I left the sponsoring company with the intent of invoking Ac21 after RFE. But I got approval in 1st week of july with out any RFE. I do work in same/similar field.
All this while I am in continuous touch and been writing them asking for payments. When I recently made contact again and stressed for payment the employer retaliated and are threatening to revoke I140. Even I did some research and DOL allows for payments to be withheld for a brief while(duration not mentioned) when an employee leaves voluntarily. But DOL asks to bring it to the notice of the Wages dept. But 18 months is a little too much.

My current status is I485 approved(approved couple of weeks ago) and GC received.

Can the employer still revoke a approved I140? can it be grounds for cancellation by Fraud/misrepresentation? I had not falsified anything. Is that a valid reason to revoke I140. I should have been covered if I had invoked AC21.
But what are the options. Should WH4 complaint to DOL help? But it's been more than 1.5 years since my last day of employment with them as of today.

Please advise. What are my options. Thanks once again for your valuable inputs.

Regards
vkreddy
 
Hi Rajiv,

I have a weird predicament. My mom., who is originally from Gujarat, India ( now a US citizen as of 2006) has petitioned for my green card. I live in the UK. Recently, she received a letter for USCIS, regarding this petition, indicating that there were two different name in her passport and my birth certificate. Her name is Jyoti but in her old Indian passport it is listed as Jyoti-ben ("ben" being used as a mark of respect in Gujarat). USCIS as objected to this and flagged is a name discrepancy.
How does she go about resolving this? Is this something that can be done via an affidaivit or does she need to get a certificate from Indian Consulate General? Note that she is NOW a US citizen and Indian Consulate may not be the most helpful to non-Indian passport holders.

Thanks for your advice in advance!
-jay
 
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H=Husband, W=Wife
If H has pending 485 in EB3 cateogry since July,2007 with W as dependent and W also has EB2 labor/140 approved from same employer. Chances are W's EB2 will become current before H's EB3. How can H and W take advantage of W's EB2 current date without refiling new 485. Is there any transfer procedure ? What does it take ? Is it a matter of sending them letter or does it require whole new refiling 485 ? Can there be multiple 485 filing ? I read on internet where depedent spouse 485 got approved but primary is still pending and reason for that was depedent had 140 approved in EB2 that became current before primary's EB3 but they never notified USCIS or so...USCIS picked it by itself and approved.....is that a general practice ??
 
Hi Rajiv,
My company is considering filing GC for me. They want to go with local immigration lawyer for filing. Employer states that we should go with local lawyer because the lawyer might need to go to INS office at some point of the GC procedure. Are they correct? Do we have to go with local lawyer? Do the lawyer will have to go to INS office?
Thanks for your advice.
 
CR1 visa: I864 and IRS debt

Dear Mr. Rajiv,

thank you for taking time out in your schedule to give us your professional advice.

This is some back-ground information:
I am the petitioner for a CR1 (I-130) for my wife and am currently preparing my I-864 for the NVC.
I own and have owned a business (sole proprietorship) for 21 yrs. which generates $250,000.00/year.
My annual income is $60,000.00 and assets include 2 homes, having a combined value about $200,000.00 - which have IRS-lien on them.

I have IRS backtaxes accumilating $172,000.00 and I am working on a settlement.

The following are my questions:
1) Do my backtaxes have any bearing on the I-864?
If so: In what way and what are my options?
2) Will my income be adequate; should I list my assets?
3) Should I use a Co-Sponsor?

Thank you very much.
 
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Permanent Residence in Two Countries

I have a PR status in both Canada and the US at the moment. I moved to Canada in November 2009. A US immigrant visa was issued to me in March 2010. I entered the US in the same month and I recently received my Green Card. I have not moved to the US yet, but I made three short trips to the US. At the most recent entry, the US border officer, realizing that I have a permanent resident status in both countries, told me that I cannot keep both statuses and that I have one year from the time I first entered the US to decide which country’s permanent resident status to keep. He stated that I will have to abandon one of the two and surrender the permanent resident card of that country, and that otherwise I could be subject to criminal proceedings.

Is this true?

I believe I heard you comment in one of the conference calls that, in principle, the US authorities should not be concerned about the status that a person may have in another country.

I was hoping to be able to stay in Canada until November 2012 (making short trips to the US from time to time) and then move to the US. To be able to do this, I was planning to apply for a re-entry permit. I was hoping that in this way I could preserve my Green Card until I am ready to come back.

Is my re-entry permit application likely to be denied considering that, now there are notes in my file that I also hold a PR status in Canada, and that I was advised I must surrender one or the other within a year?

Even with the re-entry permit approved, could the borders officers at some point make a judgment that I have lost my PR status in the US? I am most concerned about my GC being taken away forcibly. Could this happen even with if I have a valid re-entry permit? Is it likely that, if the US immigration authorities determine that I have lost my status, they would at least allow me to surrender my GC voluntarily, so that in the future I would still have a chance to come as a visitor or in any other legal status available to me. My closest family is in the US and it is very important for me to be able to return.

With all this in mind, would you advise applying for the re-entry permit?

I greatly appreciate your response.
 
Autamatic Visa Revalidation Related

Dear Rajivji,
I am on a H1b visa (I-797A Approval with I-94 at the bottom of the form valid till April 2011).
I DO NOT have a visa stamped for this H1b, but has an expired H1b Visa stamp in the
passport from an earlier H1b Visa).
I have filed my I-485 in July 2007.I have an Advance Parole and used it to enter USA
and continuing to work for the same employer.Since I have used Advance Parole to
enter the country, I believe Iam in Parolee status right now.
There is a spelling error in my name on the H1b- I797A approval notice and the
employer has asked the USCIS to correct it and issue a New Amended H1b Approval
Notice with the correct spelling.
If USCIS issues an amended approval notice with I-94:
a) would it put me back in H1b Status based on the Last Action Rule?
b) Would I be able to use Automatic Visa Revalidation by travelling to Canada and return
within 30 days with the amended Approval Notice?
c) If there are any issues at the Port of entry in using the H1b can I use Advance Parole to enter?
d) Would entry using Automatic Revalidation be considered as Lawful Admission for a future I-485(In case if I need to) Filing for the purpose of 245(k)
Thank you very much.
 
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Denial of F-1 visa

Dear Mr. Khanna:

I wrote to you regarding this matter two weeks ago. I’m writing to you again because the U.S consulate in Sri Lanka has even cancelled my sister’s existing visa which happened last week.

My sister entered the U.S. on F-1 in January 2006. She is a good student who has won some awards for academic excellence. She has never worked with out authorization. In January 2010 she audited a course and thereby fell below the required twelve credit hours. She did this on the advice of her academic counselor and the professor of the course she audited. My sister too sincerely thought that audited courses are counted towards the twelve credit hours required. After finding out that she was out of status she left the country on 30th of May 2010 with a new I-20. She intends to come back to the U.S in August. She applied for a new visa from the consulate in her home country (Sri Lanka) even though her current visa is valid till Dec 2010 because according to her school she needs a new visa to mach with her new I-20.

At the fist consular interview the consular officer asked her to use her current visa (valid till December 2010) to enter the U.S. The officer has told her that she does not need a new visa (after repeatedly asking whether she was employed with out authorization in the U.S). However, her school thinks she still needs a new visa and they have sent her back to the consulate in Sri Lanka to obtain a new visa. This time the same consular officer has even cancelled her existing visa and denied to issue her a new visa. The consular officer has accused my sister for hiding the fact that she was out of status at the first interview. This is a baseless accusation because in the visa application and the I-20 document it’s clearly mentioned the facts behind the request of a new visa (however, the visa denial letter issued by the consulate does not say any thing related to misrepresentation. Her visa has been denied under 214(b) and 221(g))

My sister has just two more semesters to complete her degree (28 credits remaining out of 120). She has spent over $50000 for her education so far. Any advice regarding this matter is greatly appreciated.
 
Please Help!

Hello,

I got caught crossing one texas checkpoint using a citizenship that was not mine. They fingerprinted me and got deported.

I tried to apply for the green card, but did not pursue because the lawyer refused to help me because I did not tell him from the start about the incident. The lawyer did run a fingerprint background check with the FBI. But none of that came in the report, it came out clean.

This happened 12 years ago, my husband has a resident card and I have 4 US Citizen kids. Ages ranging from 9yrs to 23yrs, the 23yr old is married.

What do you recommend I should do?

Thank You Very Much.
 
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EB5- Investmen Visa Question:

1. Are Govt. Mutual Fund Investments qualified in EB5 Visa?

2. Any source to find "targeted employment area"?

3. How to find out 150% unemploment areas?
 
Hi Rajiv,

I-485 got approved on June 8, 2010 – received I-797 notice stating that:

The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing. If you are required to report for this processing, you will receive another notice advising you of the date, time and location to appear.

If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call our office and the number listed below.


It is closing in on 60 days and I still haven’t heard anything from them.

But, on their website, under the “Check my Status” section, it still says:

INITIAL REVIEW - The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you.


1) Confused as to what is happening with my case – why the discrepancy?

2) What is my current status – am I a resident or do I have to wait till I physically receive the plastic card?

3) Should I open a service request/infopass or just wait out the 90 days?

4) Should I be renewing my EAD/AP?

Thanks in advance
Andrew
 
H1-EAD(AOS)-H1

Priority date: July'07.
GC Filed: Aug'07

Company A - GC filing company ( consulting company )
Company B - New employer - Client [ didn't file AC21 yet ]

H1 with company A expired on Feb 2010 and from then on working on EAD. Last entered into USA(July 4th 2009) on AP (AOS stamped), got valid i-94# till July 3rd 2010.

Company B filed a new H1 based on I-140 approval from A and got it approved for 3years. But surprisingly got a new i-94# with H1 approval even though attorney said she filed on consular processing and I won't be getting a i-94# with H1.

Started working with company B from 8/2/2010.

Basically I have couple of questions on my new H1:

1. As USCIS issued a new i-94#, does my status automatically changes to H1B or do I need to go out of country, get a VISA for status change? If my status is now H1B, is it enough to send my H1 approval papers to my family and send them for VISA to US cnsulate in India?
2. If I need visa, is it advisable to go to Mexico for VISA stamping? In case if something happens I still have Advance Parole(valid till Nov'10) with me to come into US. Any recommendation here?
3. As H1-B is a non-immigrant visa, if the US consulate in India sees I already applied for GC and have AP, what are my chances of getting a VISA in India?

Please let me know pros and cons in each.

PS: This is all to bring my child who was born in India and not being added into my I-485.

Thanks,
Shyam.
 
## CHANGE EMPLOYER

Hello Sir,
My PERM was filed (under EB2+5yrs) in 5th year of H1B and I-140 is pending (I can get it within 2 weeks if I opt for premium processing). I will be completing 6 years of my H1B in next 3 & half months.

1) Can I change Employer at this stage without loosing my priority date, if my current Employer won't revoke my I-140 ?

2) Can I change Employer at this stage without loosing my priority date, even if my current Employer will revoke my I-140 ?

3) Can I change Employer even without I-140 approval?

4) If my new Employer will file fresh H1B petition & start PERM process immediately, Once new I-140 will get approved, Is it possible to recapture my old priority date ??

5) What is VISA BACKLOG RULE? Will it be applicable in my case?

Thanks in advance & Sincere Regards,
Shaan
 
I-485 application is approved for myself and my family on August 04, 2010. My wife and son are in India. They went to India on July 28, 2010 and coming back on August 18, 2010.

They have a valid advance parole. The parole was approved on November, 2009 and is valid upto November 17, 2010. Please confirm if they can enter united states on Advance Parole.

Is there a memo with USCIS on this subject in case my wife can show to CPB officer at the port of entry incase the officer asks any questions? If yes, Can you please share it?

Also, If I receive their cards, Should I send the photo copies to them so that they can show to the officer at the port of entry?
 
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