RECORDING available for download for April 15 Conference Call

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monica1

monica1

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Please download the April 15 conference call recording from http://www.immigration.com/free-community-conference-calls


NEXT CALL
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Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
NEXT CALL Date: April 29, 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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Dear Rajiv,

I am a permanent resident and I want to go to Caribbean medical schools. I have to be there for two years on one of the islands. Is there a way by which I can attend a school there and not loose my permanent residency? Will I abandon my permanent residency if I come to U.S. after the end of each semester for a week or two?

I would appreciate your response,
 
EB3 to EB2, Have 2 A#s in I140 and I485, trying to recapture priority date, but assigned new PD

Dear Rajiv,

Thanks for taking time to answer my question. Here is my case.

I am an Indian national with a graduate degree from USA.

Worked with Employer 1 till Sept 2008. Employer 1 filed GC in 2005 in EB3.
Priority date: Jan 26, 2005
I140 approved. A# assigned in I140.
I485 applied in Oct 2007 and pending approval for more than 180 days. New A# (different from that in I140) assigned in I485 receipt notice.
Job title in I140: Sr. Software Engineer

Completed second graduate degree and switched job and employer in Oct 2008.
New & current position: Product Manager.
Employer 2 applied for LC through PERM in August 2009. PERM approved in March 2010.
Employer 2 filed for I140 in EB2 via Premium Processing, requesting to recapture the previous Priority date (Jan 2005), as I will be current in EB2. Lawyer attached the previous I140 approval notice and pending I485 receipt notice. Also made a reference to my previous I140 A# in the most recent I140 application.
I140 approved within 4 days in April 2010, but with the priority date as my PERM application date. i.e. my previous priority date was not recaptured

My Questions are:
1) Can I still get my previous priority date recaptured? If so, what is the procedure and how long will it take, given that my I140 was processed by Premium Processing unit ?

2) If not, can my employer file an other new I140 based on the same Labor that was just approved in PERM, for the same job in EB2, so we can refer to the A# that was in previous I485 and try to recapture the priority date?

3) If the above is not possible, is there any other way I can recapture my previous priority date?

4) In the suggestions you make, can you please let me know if I can work with USCIS directly or I should go through my lawyer only?

Thanks much for your answer. I very much appreciate your help.
 
Hi Rajiv,
I have a question about when to File I-140 Case, considering that currently i am on F1 Visa.
Background Info:
1. Six year of H1-B visa expired in Feb 2010... Couldn't apply for 7th year Extension as Labor was not filed 365 days before expiry (it was filed in Aug 2009)
2. I applied to MBA School in Dec 2009 and got admission for spring semester, also filed Change of Status (i-539, h1-F1) and got approval in March 2010.

Just last week, got a call from my H1/GC sponsoring employer who informed that my PERM Labor case is approved and they are ready to file I-140... However, I am not sure if it's right thing to do at this time when i m on F1 ?
Could you please advise the best option?
1.) Should I go ahead with I-140 filing so that once it's approved, employer can file 3 years extension on H1 ?
2.) If I choose above option, what happens to my F1 status, will i automatically switch to H1, the day I-140 is approved? In this case, will I be able to continue my studies?
3.) Should I ask employer to file only H1 extension (and no I-140 petition) at this point of time
(with H1 start day in August 2010 when my labor will be 1 year old) , this way i can get 1 year extension on H1 and then file I-140 in Aug/Sep 2010?
4.) Any other suggestions?

Thanks a lot for your advice!!
 
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Hi Rajiv,
I had posted my EAD application to USCIS Texas office - to P.Box address and it has reached them on April 4th, But I don't see my check deposited into my account. Please advice me on the following,

1. Should I resend my EAD documents, if so, how long should I wait and resend the docs?
2. My EAD is expiring on July end, we have 115 days more to go, in your experience do you think this is enough time to resend and get it approved?

Please advice.

Thanks,
 
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Hi Rajiv,
Thanks for your help.,

I had replied to an I-485 RFE on Oct 2008, but I have not received any repsonse for that from USICS, Online status got updated., should I follow-up with USCIS regarding the same?

Only concern is when my priority date becomes current, I don;t want to hear any questions from them., Please advice.

Thanks,
 
Hi Rajiv,
Thank you for providing this great service.

I become an US citizen with an employment GC, willing to sponsor green card to my parents who are living in India. But the problem is, I am an adopted son to them and the adoption was done when I was a small kid and it was merely a family event and witnessed by extended family and friends and no legal document was produced at that time.

Questions are:

1. Can I sponsor GC to my adopted parents?
2. If USCIS need an adoption letter, shall we produce a letter now from a local town govt department where I was born in India? Would that be enough as a proof of relationship for I-130 form?

Thank for your advice.
 
I-485 for EB11-Biometric not received

HI Rajiv,
Thanks for taking my question.
I filed my I-485 at TSC on Feb 20 2010 after approval of 1-140 in EB11 category with dependents. My PD is in December 2009

Q1: All my dependents got PD in march 2009. Shall I pursue for correction in PD, if yes how?
Q2: TSC received application on Feb 22, 2010 and issued notice on March 11, 2010. I have not received biometric notice for any one in my family as on date. I called customer service after 30 days of receipt notice date. He just gave me SR for me only and asked to wait for futher 45 days. Please advice what I shall do?
Q3: Can I request INFOPASS and visit myself for all members or you recommend that all should go for INFOPASS appointment?
Thanks in Advance!
 
Hello Rajiv, Reference my question from last cnf call reg if on 485 if you are without a job presently , can we apply for and get unemployment benefits?? You had ask us to go under Employee rights to further read on that particular question. I really did not see anything fro unemployment when under EAD,What and where do i read under employee rights for unemployment?? Thanks for your advice!
 
Hi Rajiv,
Thank you for providing such a great service!
I have couple of questions on my recent PERM denial and my options for further actions.

Background Info
Currently on H1B with 6th year expiring on Nov 15th, 2011
My labor was filed more than 2 years ago which was in audit. Recently got denial.
Denial Reason:
"The Notice of Filing for the Application for Permanent Employment Certification was posted for fewer than 10 consecutive business days."

Questions:
1. As per DOL, one of the day within 10 days was a Federal Holiday. But my employer does not observe it as company holiday and we were open on that day. If we appeal the denial and supply the proof that we were open on the day in question, providing relevant exhibits, what are my chances of getting the labor approved? How much time is it taking for an appeal to process?

2. As I only have one and half years remaining on my H1, can my employer file another labor for a different title and responsibilities while the current labor is being reviewed on the appeal?

3. Can I file a new labor from a different employer for future employment? How likely such cases go through in all the stages and when am I supposed to join the other employer?


Thank you for your time.

Regards
Nitin.
 
Green Card - I140 and I1485 Processing from India

Currently working on h1b with company A and have a approved labor with them.Also have applied for I140 this month and pending approval.
Now i plan to go back to India for good and have the following questions about the GC process continuity once i move to India

1) Can the I140 process continue inspite of me leaving US? Does myself, employer or attorney need to refile/submit any documents during the I140 processing after leaving US which is pending at this moment.
2)Can the I485 be filed from India whenever the dates become current?
3)Please suggest any guidelines/form submissions/things that i should be aware of before leaving US to make sure the GC process moves on smoothly
4)Suppose in future,if i plan to come back to US through company A with the approved I485 can i come directly through Company A approvaed I485? And if i come through company B on h1b, can i move to Company A on the pending I485 after 180 days or do i need to restart the whole process with company B with only the advantage of using the priority date?

Thanks
 
Received INTENT TO REVOKE RFE from USCIS on my current approved H1B Visa

In OCT 2009 I applied for my H1B Visa extension with premium processing and got approval with in a week. But later in DEC 2009 I left that client location to a different client location. My employer did apply for New LCA at New client location. Received a Intent to Revoke H1B notice from USCIS claiming that they did a Site Inspection in Jan 2010 and found that I used to work there but not anymore. USCIS asked to produce the supporting documents why they need to still keep the approval. We have all the documents to support from the new client. Also apart from this I do have a approved I-140 and current GC priority date making me eligible to file AOS/I-485. But I'm avoiding it as I want to wait till I get married to add my spouse on to the GC application. Now if USCIS decides to Revoke my H1B Visa despite of our response to RFE what are my options? Due to personal reasons I have to wait for 6 months to get married. Also my future spouse will be from India and should be able to maintain H1B status in order to be able to bring her in to USA on H4 status. How should I deal with this situation?
 
EAD / AP denials, rejections or REF's

Hello Rajivji,

Have you heard of EAD or AP applications being rejected, denied or RFE's on that?? Appreciate your response!
 
Hello Rajivji,

I spoke to you about my case in the previous conference call. The case was about concurrently filed I-485 (pending) and I-140 (denied) and trying to interfile the with the an approved I-140 (PD not current). Now my I-485 is denied too. I have some questions related to MTR/Appeal:

1. Should I file MTR/Appeal/both? The denial notice of I-140 says do not send appeal to AAO office directly. They requested to send I-290B to the service center.
2. After the appeal of I-140, will my I-485 will automatically be reopened or should I file a separate motion to reopen I-485?
3. During the I-140 appeal process, can I apply for EAD/AP? Though I am not planning to use them, I thought AP would be helpful if there is any H1B visa stamping issues while traveling outside the country. Can one use I-485 benefits like AP when I-140 is under appeal process?

Thanks in advance.
 
H1B visa stamping in India

Hi Rajiv,

I'm planning to visit India soon. I had several successful H1B visa stamping in the past. I'm working for an H1B consulting firm. There is a layer between my employer and end client. My employer -> Vendor -> End Client. Is it advisable to go for visa stamping after Jan 8th memo? I hear a lot about the administrative processing (221 g) delays at the consulates in India for H1B stamping, and issues at POE. Do people working for consulting firms get successful visa stamping? Does every petition have to go through extended administrative processing? Is there any standard criteria under which the consulate subjects the visa petition through administrative processing (221 g)? Do you recommend traveling / visa stamping under current circumstances for consulting firm employees? Your views on the visa stamping matter (especially for consulting firm employees) is greatly appreciated. I have done an analysis from administrative case status report from chennai consulate, the trend is alarming.
2010- 818 cases as of apr 13
2009- 233 cases
2008- 115
2007- 32
2006- 28
2005- 1

Thank you.
 
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Dear Rajiv ji,
Namaste. Thanks in advance for your reply. My name is Vishnu, and I'm in 6th year of H1-B visa. My previous employer filed my PERM in Aug 2009. I do not know the status of that PERM. Per my previous company's lawyer, PERM is not withdrawn.

My new employer will be filing my new PERM in May 2010. My 6 years of H1-B visa will expire in Oct 2010. My understanding is that I will be able to extend my current H1-B visa until Oct 2011 based on previous PERM.

If my previous PERM expires after 180 days of its approval (say it expires in August 2010) because previous company will not file I-140 as I'm not employed with previous company anymore.


Questions:-
1) Would my 7th year H-1B extension that was obtained until Oct 2011 based on previous PERM automatically expire in August 2010, the same month previous PERM expires?

2) If answer to above question is yes (that is 7th year H1-B extension expires in Aug. 2010), would I still be to obtain 1 year extensions based on my new PERM after August 2010?

3) If my new employer applies for an H1-B visa extension based on previous PERM after previous PERM expires in Aug 2010, would I still be able to obtain 7th year extension after Aug 2010 based on previous PERM.


Kindly advise me. Thanks very much for your time and help.

Best Wishes,
Vishnu.
 
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Hi Mr. Rajiv,
Good Morning Sir. Thank you for doing this. Please see my question regarding I-9 form. I joined a new employer in Dec 2009. I sent paper based I-9 form to my employer within first 3 days of employment. However, my employer contacted me in April 2010 and asked me to send completed I-9 form electronically to my employer (as employer no longer accepts paper based I-9 forms) and after which employer will review completed I-9 form that I send and if it is complete then they will submit EVP to USCIS.

I've done exactly what my employer asked me. I'm worried that I-9 form is actually been submitted to USCIS only in April 2010, which is after 4 months of hire date. I'm concerned if this will cause any issues in the future while filing Green Card or extending my H1-B Visas.


Please let me know if I need to inform USCIS about the delay and the reason for the delay in submitting I-9 form.


Thanking you,
Sincerely,
Kavita.
 
I 94

Rajivji,

Can I please bug you with another quick question. I posted a question on April 1 about H1 stamping ( came on B1/2 changed to F1 and H1, currently on 7 yr of H1, never traveled to India since I got here)

My question is when I travel to India do I return all the I 94's at port of departure or just the current one. I have been on H1 since 2003, hence have 3 old I 94 attached to I 797 (changed job once) and one current I 94 attached to current I 797 approval notice.

I also have the first I94 from 1999 when I entered US on B1/2 visa, do I return this as well. I am confused and searched a lot on websites, did not find any info. Could you please advise.

Thanks a million, and really appreciate your service.
Nilu
 
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Hi Rajiv,

I'm a USC and so are my kids. My wife who is currently overseas is an LPR and has Re-entry permit which expires in September.
We as a family have decided to stay in India for an extended period of time for Family/other reasons.

I'm wondering as to what I should do with my spouse's GreenCard (Filing for her Citizenship is not an option now as she has been overseas for close to an year).Our intent is to travel to US when desired

1>Do you suggest we should go to one of US Consulates in foreign country and Surrender her GreenCard\Rentry permit and obtain a 10 year multiple entry visa.

2>Is there any other visa that she qualifies for

3>Are there any precautions that I should take apart from filing US Taxes, so I don't have any issues with my Citizenship because of my extended stay abroad.

Thanks,
 
Travelling with expired I94 on passport

Rajiv...Thanks in advance for your response on these questions
Came to US through company A in May 2006 with a I94 validity until Jun 2008 on the passport & I797.
Moved to company B in Mar 2008 and got the I94 validity till Feb 2010 (only the I797 and never got the passport visa stamped)
Moved to Company C in Mar 2009 and working on h1b portability with the receipt.(petition not yet approved and is in process)

My question is can i travel to India through Company C receipt and come back to US without any visa stamp as i haven't received the approved notice yet for company C or do i need to wait for company C approval & get the visa stamped? (Note: on my passport i only have company A visa stamp which was valid only till Jun 2008)
 
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