RECORDING available for Dec 2 Conference Call

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monica1

monica1

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Recording available for the Dec 2 Conference Call. 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 : Dec 16, 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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wrong date of birth and name

In 1993 we came from Afghansitan to Pakistan.
It was a strict islamic enviroment, so we had to change our names becasue our names were historical and non religious, so in order to fit in the community we chosed new names.

In 2001 we filled in an I-130 forum
But in 2005 we were reunited with our mother in Norway.

Now our I-130 application has been aproved and we can get US visas.

The problem:
1.While filling in the I -130 forum in 2001 we used our old names, which we still use at home.
2. The person who filled in the forums changed birth dates from solar calendar to christian calendar, that is why the date of birth are also deffrent ( from the current date of births which we have on norvegian id cards).
3. When we filled in I-130 forum we all had Afghan nationalities, now my mom and a brother got Norvegian nationality, does it has any impact on US visa?

We got our birth certificates from Afghanistan with our new (changed) names.

Please help me what to do before I pay the fee for visa (88$).

Which office should be informed about this?
Is DNA the answer? or a lawyer?
 
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Hello,
Here is my question Sir -
I am an H1b visa worked in the USA. My parents live in Kenya and own a Business there.
I have an interest in a Business being operated by a US Citizen which he is ready to sell me for $10,000. But I am on an H1b Visa and I do not understand how can I take over this business. Will I need to quit my current job and go back to kenya and apply with a new visa?
Is there any way I could purchase a Business from a US Citizen?
I was thinking of going back to Kenya and getting an L1 but with that too, I will have to be in Kenya for one year isnt it?

Kindly advise what track I should chose?
 
Approved I-140 is under extended review

My I-140 was approved back in 2007.
I am a July'07 I-485 filer and my priority date has been current from past 5 months.

Upon numerous Congressman/Senator inquiries to USCIS they have replied that my I-140 in under extended review and they cannot speculate as to when this review process will be completed.

What does extended review mean for an approved I-140?

Can anything be done to get more information from USCIS or to speed up
the review process?

I am having sleepless nights after hearing this. Can you please help?

Brief History:
Back in March 2008 case status of my Approved I-140 changed to Review. Status has not changed since then and this is what it currently says:

"On March 20, 2008, a USCIS office received this case from the State
Department with a request that we review it. We will notify you when
we complete our review, or if we need something from you."
 
Taking leave and working for different employer

Hello Sir,

My current status is:-

- Working for Company A on H1B
- H1B is valid for another 2 years.
- I485 not filed yet.
- Recently Company B applied for H1B transfer and it got approved.

My question is, can I take 6 months leave from Company A, work for Company B during the leave and come back to Company A after 6 months. Since I want to come back, I don't want to quit company A.

To come back to Company A, do they have to file H1B transfer again?. While I am vacation, company A will not pay me. Is it okay? Company B will be paying me during this time. Do I have to do anything particularly to avoid issues?

Thank you for your help.
 
Hello
I am getting ready to send in my package for green card through marriage to us citizen and my question
Is .... I have one misdemeanor charge over 10 yrs ago and want to know if this will affect the process??? Do I need a lawyer to file my paper work??

Thanks in advance!!
 
PERM Labor Certification Audit

I applied for my PERM labor about 3 months back.
I received an email from my employer last week that my application was selected for Audit by the DOL.

What would be the reason for this kind of audit?
What kind of information will they be looking for?

How much time does it usually takes to get labor approval in this case?

Can I apply for new labor through my company or some other company?
 
Hi Rajiv,

I had applied for H1b extension in Dec 2009. My 6 yrs of h1b ends in Oct 2010. After long delays and RFE's it got denied in Nov 2010. I have approved Labor and I 140 pending(Priority date Nov 08). I am applying for a new H1b with a different company through Premium Processing.
1. If My H1b gets approved. Do I have to go to home country or is it ok to go to Canada or Mexico for Consular Processing
2. When applying for new H1b is it ok to capture the time spent waiting on pending extension which got eventually denied(10 months) and the 1 yr due to labor approval(total of 1 yr 10 months)
3. If I intend to go back to home country and come back to pursue a degree on F1 Visa in the future will it be an issue since I have I - 140 pending( Would my F1 stamping be denied since I have imigrant intent ?)
 
4. I am applying for new H1b since my previous H1b was denied due to "Inability to Maintain Employee Employer Relationship". I was sponsored by Company A who contracted with Comp B and comp B contracted with End Client. Now Comp B is sponsoring my Petition and I am reporting to Team Lead from Comp B who is providing solution for end Client. We have prepared relevant documentation in our petition too. If I have to go for H1b stamping in Indian Consulate. What are the chances that my stamping will get delayed/denied based on your recent experiences ? Also if I go for stamping after 30 - 40 days of unlawful presence(# of days since previous h1 was denied) would that be an issue ?
 
PERM application

My question is, while my current employer is in the process of applying PERM , can another employer also start the PERM process as future employee? Can two PERM application be active for the same person? If yes, is it same for I140 also?

Thank you.
 
Adjustment of Status to Permanent Residence

Hi Attorney Rajiv

I first came to the US on J-1 visa. After finishing my program, I got back home and applied for a new program on F-1 visa. After finishing this second program I got my H1B status based on an adjustment of status from my F-1. I have not fulfilled the 2-year HRR nor have obtained a waiver. Now my wife got her green card (we were married before she got her green card). I want to know if I can apply for my adjustment of status based on my wife's without fulfilling or waiving my 2-year HRR. This is based on the idea that the government's approving my H1B status when I was subject to the 2-year HRR now estopped them from enforcing the 2-year HRR. (There was no fraud or misrepresentation in my H1B application). Do you think I can apply my green card based on such an estoppel?

Suppose I can get my GC via this route, is there any concern in the future when I apply for citizenship? I read that the permanent resident status could be rescinded if it is granted based on an improper approval, and that such approval cannot be used to estop the government from enforcing the 2-year HRR.

Again, suppose I can get my GC as above, can the 2-year HRR be satisfied by many visits to home country during several years before I can apply for citizenship?

Thank you very much.
 
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hi all
my fiancy applied for k3 visa. i checked my status on uscis website. it shows post dicision activity. can any one tell me when i get interview call or visa date.


tahir vora from reliance industries
 
Gaps in overseas employment and lack of documents whe filing for a H1

Hi Rajiv,

How does one deal with Gaps in Employment and lack of (or incorrect) eperience letters. Is it possible to provide references that would back up the experience credentials/duration?
Do these need to be written reference letters on company letterhead or will verbal references do? thecompany letterhead part may be especially difficult.

My wife has a few gaps during her employment in India and one of her employers gave her an employment verification letter that covered only part of her actual duration, so want to check how we can overcome/handle this issue when we file for her H1.

Thank you so much for this assistance.
 
Hi Rajiv,

I got my GC last year (employment based) and had to travel to India for an emergency. I have been here for the last 10 months and was about to come back to the States when I lost my passport. I have applied for a new passport but the process is time consuming.

In the meantime, can I file for I-131 reentry permit from India?

Also, if I go over the 12 months period of staying outside will they let me in? Even though I have GC.

Please let me know what other alternatives I have.

Appreciate your help.
Thanks
 
Hi Rajiv,
Thanks for your support to this community.

My questions are :

1. I got my GC 5 months back and I am working with the same employer and I am planning to start my own IT consulting firm, can I do that?
2. I am planning to do a part time job apart from the full time job that I am doing with my employer (Who sponsored by GC), for this Part time job I will be on different company's payroll (W2). Is this ok can I go ahead?

Please advice.

Thanks
 
Hi Rajiv,
I am in 6th year of H1B and my H1B ends on March 2011. My Visa stamp on passport expired on September 2010. I have applied I-140 in premium process with my employer this week and waiting on the result. My employer plans on applying for H1-B visa extension based on my I-140 decision.

I work for a software consulting company. The client has informed me that my project will end in Febuary 2011. I had planned to go to India to attend my marriage in Febuary 2011 based on my H1-B extension and get Visa stamped. I am hearing that a client letter is mandatory for me to secure visa extension.

What are my options?. My employer said that he is not sure when he can place me at another client project. He is currently exploring those options. He said he can place me on internal project when I roll off current client in Feb 2011 for 6 weeks so that I can go to India and get married. Is this a good option? or should I wait until I am placed at another client project and obtain a client letter?

Please advise. I am concerned about taking vacation during my project roll off.

This is not fair to target consultants who are employed and being paid but still have to provide extraordinary details that they are working.

Thanks,
-Ram
 
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Perm Denial Appeal and New perm fillng from same employer

Hello Rajiv Sir,

I have Masters degree from germany and 4 years of US experience. My perm under EB2 category was denied on Nov 2010 after been in audit for 2 years...Now i have only 1.5 years left for my 6 year H1b limit....It was a mistake from the lawyer where she has mentioned a lower offered salary than the prevailing wage.Now the lawyer says that she will put an argument for it through an appeal. Also she says that she will also apply for a new perm with a different job title,job description at the same time...Now my question is that can we file an Denial appeal and also new perm with a different job title at the same time from same employer? Is it safe to do so? Or is it good to apply only for the new perm and doesnt file an appeal at all?It would be great if you can answer my above questions..Thanks in advance.
 
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