RECORDING available for download for April 1 Conference Call

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monica1

monica1

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Recording for April 1 Conference Call is available from 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: April 15, 2010

Conference Access Number: 1-785-686-1324
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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Currently, I am on F1 and have applied for I-485 (through marriage). USCIS sent me an date for Biometrics exam, but one week later they sent letter saying that few documents were missing from my application. I will be graduating in May. And, since it is almost April, I am unsure what to do. I was hopeful that I would get my EAD on time and hence did not apply for my OPT. Any suggestion on which option I should choose - apply for OPT or extend my graduation to September. Or any other third option?
Also, will applying for OPT interfere/leave a negative impact on my green card application? (I am wondering because they might ask why I am going two separate routes - OPT & I-485).
Also, does any know how long it is usually take to get EAD processed when applying for green card through marriage. Thanks!
 
I definitely know, the answer is no but tought just double check.. Can you get unemployment while you are on EAD??
 
Hello Mr. Khanna,

My H1 expires in November. My employer will soon be applying for my I-140 and I was wondering if I'd need an H1 extension if I get my I140 approval before my H1 expires. Can I continue to work for my employer with an approved I-140 ( w/o having my H1 extended). Btw, this would be my sixth year on H1. Thanks a ton. -
 
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Hello,

My wife is on H1b from 2008 but was never working (no pay stubs). After 10 months of stay in US, she had to go to India due to a personal emergency. After 4 months, she returned back to US on H1b and has been staying here for the past 6 months. We were unaware about the problems of staying on H1b without pay until we started searching the immigration forums recently. She contacted her employer enquiring about this. Their reply was that they are not going to cancel her H1b now. Moreover, they have actively started searching contract jobs for her. I am not sure if this means, it is legal to continue this way.

Her I797 expires in Oct 2010 and her I94 has validity till Nov 2010.

1. Is she in status? if not, can she gain back status If she starts working before I797 expires?
2. Can she continue staying on H1b till I94 expires or does she need to change her visa immediately?
3. Can she apply for change of status to H4 as I am working on H1B?
4. Does she have to wait till her H1b expires to apply for H4?

Please advise on this situation.

Thank You
 
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H1B portability when extension request is pending

Hi Rajiv,

Thanks for your great service.

I have applied for 10th year H1B extension (company A). I-94 expired. While the H1B extension is pending, can I transfer my H1B to another employer (Company B)? If this is possible, will I get a new I-94 with the H1B transfer approval?

William Yates Memo dated May 12, 2005 states that an H1B alien may still be able to port to another employer even after the alien’s I-94 or last approved petition has expired and the alien is in the “period of authorized stay by the Attorney General”.

Example from the memo: Alien is in H-1B status. Employer A timely files a non-frivolous extension of the alien’s H-1B status. Alien’s original petition, approved for Employer A, expires during the pendency of the extension. Alien is then in a “period of stay as authorized by the Attorney General” while Employer A’s extension is pending. Employer B then files new petition and alien wants to port to Employer B. Under INA § 214(n), the alien should be permitted to port because he or she is in a “period of stay as authorized by the Attorney General.”
In other words, porting under INA §214 does not require that the alien currently be in H-1B status as long as he or she is in a “period of stay authorized by the Attorney General.”

Unforutnately, I'm not able to post the link to the memo due to the restriction. Google searching the term "William Yates Memo dated May 12, 2005" will get the link to the USCIS memo.
 
h1 stamping vs returning on AP

Hi Rajivji

I came to US in 1999 on B2 and changed to F1 and then to H1(was never out of status). Currently on my 7 yr of H1, working as a physician for a decent size hospital. Also have EAD and AP but never used them. Never travelled to India since I've been here. This yr would like to go to India. Is is safe to go for H1 stamping (based on the fact that I changed from B2 to F1 and H1) or just return using AP.

Can I try H1 stamping as I have all my employment documents and I would like to stay on H1 (only concern is the change from B2 about 10 yrs ago) and if it gets denied for any reason can I still enter on AP without problem at port of entry. I would appreciate your expertise on this matter.

Also if I have to come back on AP do I have to activate my EAD with the hospital HR while I'm in India so that I can enter on AP or can I continue to work on H1 without using EAD, my H1 expires Aug 2012.

To be safe what other precautions I need to take, could you please suggest.

Thank you very much, appreciate your service and help.
Neelu
 
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Hello Rajivji,

I currently hold a conditional greencard through marriage. Our marriage has been rocky for the past few months and my wife keeps threatening me to have it revoked. I would like to go to my home country for a short period and i was wondering if she could have it revoked while i am gone. hopefully, we will be filing jointly to remove conditions next year. Can someone revoke a greecard while his/her spouse is outside America? thank you.
 
Need Help

Hi Rajiv,

I have few questions regarding my h1b petition. I have entered US with F1 visa and after completing my masters i have applied for h1 and got it approved and i worked on H1 for couple of months and i went to india for vacation and went to US consulate for visa stamping there i had query saying that my h1 petition will be sent back to USCIS for furthur review now its been a year i had no response from uscis when i checked my status online it shows my status as pending. Now i returned back to US on H4 visa. This is my background. Now i have few questions

1) If i apply fresh h1 under this year's quota can i start working as soon as i get my h1 approval as i was already having h1 petition approved for 2008 and i also have a SSN

2) can i reapply for my old H1 which is pending. Is there a chance of approval for my old H1

3) I got admission from a university and was thinking of applying for a change of status from H4 to F1. Can i apply for change of stauts and H1 at the same time.

Thanks,
 
I-140 interfiling

Hello Rajivji,

First, thank you for the conference calls. Your calls are really helpful and informatitive for the immigration community.

I had a concurrently filed I-485 and I140 pending with priority date of Jul 2004 (EB3 professional, India). There was an RFE on the I-140, we replied and the case was denied few days back. The reason for denial is not known yet.
Meanwhile, with the same employer as a backup we started another LC (approved) and filed for I-140 and got it approved too with priority date of June 2008 (EB3 skilled). Before the concurrently filed I-140 was denied, we sent a letter to USCIS to interlink my I-485 with the approved I-140 (PD 06/2008). The approved I-140 has the same A-Number as my I-485. At the time of sending the interfile letter, the PD for the approved I-140 was not current. It is not current even now. My I-485 is not denied yet.
My questions are:
1. Will my I-485 be denied soon? I hear that it takes around 30 days to deny I-485 after I-140 denial.
2. Is there a way to find out if my approved I-140 is linked to my I-485?
3. Should I file MTR or appeal the denied I-140? Will appeal or MTR help my I-485 if the interlink did not happen?
4. Since my I-140 is denied, is the original LC(Jul 2004 PD) still valid? Can I file another I-140 based on the original LC?

The unusual situation in my case is I’m trying to port from EB3 professional to EB3 skilled just to save my I-485 and both the petitions were filed by the same employer on separate LCs. Looking at the excerpts from the AILA-USCIS TSC Liaison Meeting Minutes (question 8 in the link below), interfiling an approved I-140 while concurrently filed I-140 is pending seems to be possible (my interfile request was sent before my concurrently filed I-140 was denied). It also seem to be possible to interfile when priority dates are not current. Please interpret this meeting minutes for my situation. My petitions is at NSC. Will they consider TSC meeting minutes? Your help is greatly appreciated.

nafsa.org/uploadedFiles/uscis_texas_service_center.pdf?n=1667
 
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Visa problem for MY DAUGHTER to return to USA

Hi Rajivji,

My daugther went to India in Aug 2008. When she left to India, she was on H4. She had a valid Advance Parole also till Oct 2008. As she was on H4, I did not renew her Advance Parole.She did not come to USA till now, as she is going to school there. In March 2009 my employer cancelled my H1 with out prior notice and I started working on EAD. Now my daughter wants to come to USA . My H1 is no longer valid and she does not has the advance parole.Can you please suggest me the available options to get her to USA for atleast 1 or 2 months.

Some of my friends are saying that I have to go back to H1 and get her on H4. But I am working as a Fulltime employee for a company on my EAD. If I apply H1 from a different company, and if it is approved, I will be having 2 pay stubs for the same period(1 on H1 and the other on EAD).Is it allowed?
You might be knowing that now a days getting an employer who can sponsor the H1 is very difficult . Based on the complexity of my case, I feel it that it might be much more tougher, risky and expensive to get my H1 approved, stamped and get my daughter on H4. So I am looking for various other available options

I am not sure what is the status of her I-485 as she left to India in Aug 2008 and did not come back to USA till now. But I had recently submitted an AR-11 form for her pending I-485.

Is there any possibility to get her on Visitor Visa(Tourist Visa) while my Green Card is pending. If not, can I get her on Visitor Visa once I get my Green Card.(My priority date is Sept 2006 - EB2).

Please suggest me the available options to get her to USA for atleast 1 or 2 months.
We are desperately looking out for the available options.
Any help will be highly appreciated
Looking forward for your quick response.


Thanks,
Soma
 
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I-140 refile question. I-485 pending and recently received AP for travel.

Hello Rajiv, My 1-40 was denied and appeal pending. I-485 pending and current USCIS status is sent to AAO review. Maintaining H1 currently and have EAD and AP.

I-140 was denied in error and lawyer said that we have very good chances of getting a successful appeal result. Now, the company has refiled I-140 and I have few questions as below.

1. If they approve my refiled I-140, do we need to withdraw the I-140 appeal and can I have my I-485 pending or they will deny that as well?

2. As far I read in the internet, if the I-140 was denied in error and refiled I-140 is approved, then sometimes I-485 will be kept pending by USCIS? This has happened to one of my friend.

3. I recently filed for AP and received the approval. I am maintaining H1 as well, so if I use AP for travel, will be there any issues at POE?

Please advice. Thank you so much for your community service.
 
I-130 Processing times on uscis.gov vs. Service Center allocation

Hi Rajiv,

My mother has petitioned for me to get a green card using the I-130 application (she is a US Citizen, and I'm an unmarried daughter over 21). I noticed on the uscis.gov website that the processing times vary for this type of case by Service Center (California=56.1months; Vermont=15.8months; California=5months; Nebraska=5months).

My mother is based in Vermont, my other US citizen family (sister, brother-in-law, and two nephews) are in Vermont, I applied from Vermont, and I have an immigration lawyer in Vermont, I even went to high school ten years ago in Vermont so I have a history here. However, my case is being processed through the California Service Center and that just doesn't make sense to me.

Can you help me understand:
1) What the central distribution center (Chicago, Illinois) bases their decision on which Service Center to send applications to (surely, it should be based on where the petitioner resides or the Service Center state closest to place of residence?)

2) Can I have my case transferred to Vermont based on the above?

3) If yes, will my case start at the bottom of the pile or will I be placed in accordance of my filing date (so as not to lose the months I've already been ''in line'')?

I'd be so grateful for a response, and thank you in advance!
 
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Reason for opting for COS instead of F1 stamping

Hi Rajiv,
First of all thank you so much for answering my questions for the past two weeks. I have finally decided to cancel my I 140 and go for COS. I read at many places that in the cover letter I need to explain why I am opting for COS and not going for stamping. How should I answer this question?
Secondly, do I have to resign the day I receive my COS (assuming it is approved)?
Thank you for all your help
Mani
 
Hello Mr. Khanna,

I had some questions regarding eligibility for O1 visa:

1) I have a background in Fashion design and I am now transitioning into the business side of Fashion. I have been featured as a designer in a city edition of Indian express (India) in the past and have written fashion related articles for a vernacular newspaper. I am currently working on some business of fashion and branding related research papers for journal publication. Can all of this help in getting an O1 visa in the future?

2) Can the articles written by me and published in magazines be considered as scholarly publications?

3) The O1 visa has a requirement of ability to earn high salary. What defines 'high salary' in a particular field? Does 'high salary' mean above average in the context of a particular city/demographic?

Thanks,
 
Hello Mr. Khanna,
I am currently on a B2 visa and got married to my American husband. Before the interview we tried for me to have evidence together like joint acct, insurance, filing of tax together but i was turn down because i didnt have a SOCIAL SECURITY NO. We just had the initial interview where we were seperated and asked the same question because we didnt have enough evidence to show. The interview went on fine as we realised we answer all the questions correctly but the interviewer said he will mail us in 2wks time for the outcome. My problem now is before the interview we had to move out of our apartment to my husband's uncle place who will be out of the country for abt six mth, when we were having problem in the apartment we rented,but because the bills was still in his uncle 's name we couldnt tell the interviewer that we had moved because he will need to see the prove of the new address which we didt have. My question is within the two weeks of their decision is it possible for them to check if we truely live in the address we gave them, and what will you advise us to do now. Thanks
 
POE Entry Questions for H1B Visa Holders

Hello Rajiv,

I am reading lot of things about H1B Visa holders are deported back to India from the POE by the Immigration Officers. Is that true or are they all rumors?

I have a friend and his family coming to US after 9 months of H1 stamping and he is having the full support from his employer. He is coming to IAD airport. I have few questions regarding the same.

1. Will he and his family members face any issues?
2. What other documents does he need apart from all full H1B stamping packet?
3. If he face any issues, can I get help by seeking your services?

Please provide your valuable suggestions. Thank you.
 
Writ of Mandamus for H1b transfer petition and is in background check
Hi Rajiv
Series of events with my h1b petition
1)Did a regular H1 transfer from company A to B in Feb 09 and started to work for B since then on receipt.
2)Received a RFE in Aug 09 asking to provide client letter and employer- employee relationship.
3)Responded in Sept 09 with the documents and came to know in November 09 that my case was in background check meaning its been close to 5 months since the case is in background check and pending for more than a year overall.

Now i am in desperate need to travel to india and not sure if company A h1 petition is still active (I797 of company A is valid till Jun 2011).But if i leave US i will not able to come back until Company B transfer petiion is approved.Do i have any options apart from waiting here until the company B petition is approved?

My Questions are

1)Is Writ of Mandamus option available for H1b petitions?
2)Can i file a Writ of Mandamus for my H1b transfer case to expedite the process?
3)Considering the overall time it took so far , do you recommend to file Writ of Mandamus?
4)Also if i do another transfer to company C , do i need to use Company A petition or Company B receipt notice?
5)Can i apply for consular processing using company A petition as i want to go to india anyway and not using the company B pending petition?will there be any dependency on Company B pending petition while filing a new h1 transfer?
6)Also will the company C petition fall under the h1b quota during the transfer process?

Appreciate it!!
 
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Hello Mr. Rajiv,

This is regarding my L1 Visa/I94 expiration date approaching in April 2010 (This is our 1st L1 Visa extn). Due to severe injury I had to undergo surgery here in the US, however doctor has scheduled 2nd part of the surgery in May '10 which is crossing my Visa/I94 expiration date, please let me know if there is any issue in getting our I94 extended in this circumstances.
Appreciate your response.
 
Change of jobs after I140 approval and/or H1B extension on the basis of I140 approval

Hi Rajiv
I am in my 5th year of H1B and it will be expiring end of 2011. My current employer has my PERM approved in EB3 and also has I140 approved. On the basis of the I140 approval, they have filed for H1B extension. I am still awaiting the approval.
My questions are:
1. If my H1B extension has been filed by my current employer on the basis of I140 approval by the present employer, can I get another job with a new company and transfer my H1B over? Bearing in mind that the extension of H1B was filed on the basis of the I140 approval of the current employer.
2. Can I switch jobs before the H1B extension approval, just on the basis of I140 approval? Can the new employer use the existing employer's I140 approval to file for an extension? Is there any dependeny on the current employer to release my I140? What does that mean?
3. Can the I140 be ported from current employer to new? If my new employer is ready to file Green Card for me in EB2, what would be the process to be followed?

Thanks!
 
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