Recording available for download for April 7 Conference Call

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monica1

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Recording available for download for April 7 Conference Call.
http://www.immigration.com/free-community-conference-calls

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Topic: General Immigration Related Questions
Next Date: April 21, 2011
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST

Conference Dial-in: 1-712-432-3066
Conference Code: 531023


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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Hi Rajiv need your guidance.... Labor filed with 2 years experience mentioned in Section K (Alien Work Experience) of ETA-9089 (which is what I believed to be true at that time) .... but the experience letter given by ex-employer contains only 18 months (which was given after the PERM approved but backdated before the PERM was filed since co. no longer exists)..arguing that remaining 6 months only involved training stipend , which were paid in arrears when regular salary paycheck began. -- The job requirement is only 1 year exp. though . . All the skills are covered in the letter as well. Am I OK to file? Do I need an explanation for those 6 months??

Thanks !! a lot
 
Recent death of mother has left foreign stepchildren abandoned

USC married to LPR of Honduran nationality. LPR's former spouse recently passed away in Honduras, abandoning their three children (ages 6, 11 and 13). In the interim, what are the odds of getting the children into the US on B2 visa? USC would eventually like to petition for the stepchildren via I-130 for their residency. Father is sole means of support. All members of father's immediate family are LPR and reside in US. (Children are enrolled in school and reside in a home that is deeded to LPR.) Are there other visa options that might be better for getting the children here within two months' time or less? No petitions of any kind have been submitted yet.

Thanks in advance for any response you may be able to give.
 
Hi Rajiv Ji,

Thanks for all your immigration advices, which were very helpful, during changing employer I took your consultation. Here is my situation. Please advise me.

Questions:

1. Based on the status of my case, Can I join client (where Iam working now)? On EAD or H1, which is better? If my present employer withdraws my I-140, is that going to paralyze my I-485 or I will be protected by 180 day rule?

2. Client is offering job with same duties as in my GC labor, with different title name and more pay? Is that a problem for my existing GC process?

Case Background:

Employer A – I was with him up to Aug 2008. He filed my labor Dec 2006, and then applied EB3 I-140 in June 2007, Applied I-485 in Aug/Sep 2007. Received RFE on I-140 in Dec 2007 on 3yr degree, which is responded but I-140 denied on Apr 2008, Did MTR which is denied again on Feb 2009, then per instructions in denied letter, Did MTR (appeal) on this I-140 on Feb 2009 which was denied on June 29 2009.

Employer B – Because of above issue, Started separate GC process with this company. This company applied labor (GC) in Apr, 2008 and approved on June 2008. Then I transferred my H1 to this company.
Applied EB3 I-140 and approved in Jan 2009. Once I got approved this I-140 with same service center. On June 30 2009, I received a letter saying that, they re-opened my I-485 case and Now I-485 case is showing pending online status and recently they re-opened my dependant cases with congressional enquiry by senator.

*Here earlier applied I-485 (2007) is now attached to my newly approved I-140 and given the new priority date (2008).


Thanks a lot in advance,
Sai4gc
 
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Hello Sir,


My name is Adnan Hashmi and I'm an international student. I came to U.S.A on 1st January 2011 at National University, California. I didnt had anybody in California so I moved to Chicago as I have my friend over here. I've been facing a couple of problems since I came here.

On 18th January 2011, I transferred my SEVIS from National University, California to Tri-valley University. But the University was shut down. I never attended Tri-valley University. From there, I didnt know what do to. Meantime, I started working at a store on 1st February 2011. I know that is not right but I had nothing to do. I contacted the SEVIS department and they told me to contact my original university. I did that and I had a positive response from them but since I was in Chicago I wanted to study here. So, I found a college (Truman college) which had suitable program for me and I was about to start my processing.

On 9th March 2011, I was held by the Department of Homeland Security. I has jailed and treated as a criminal. There was a misunderstanding and that was the only reason they sent me to jail. I got a call from my friends cell phone telling me that they were calling from the Homeland Security. As the call was from my friends cell phone I thought it was a prank call and my friend was joking with me. Having in my mind that it was my friend I replied in a very casual way saying that I dont want to talk to them. They asked me like "we can do this the easy way or the hard way" and I told like" I want the hard way". That thing made them angry and I was arrested and they imposed a bond of fifteen thousand dollars. I payed the bond and got out. But the pain and mental pressure i went through was horrible. I come to a new place and all i get is troubles. They treated me as a criminal. I'm hurt and very much disturbed. My whole family was disturbed. We went to a lot of hard time. For eleven days I was held in the jail. My family paid the bond and got me out.

Now they told me that I have to wait for the court date. They charged me that I was a student of Tri-valley University and i was working.

Sir, I want to study. I was not here for any trouble. I dont know what to do. I'm totally lost and I need some real advise.

Please help me.

Thanks & Regards.
Mir Adnan Ali Hashmi
 
Applying for I-130 but our surname spelled little different

Hi Rajiv,
Thank you for providing us with this service.

I am an US Citizen (born in India). I am planning apply for I-130 for my brother. But our surname don't match exactly. My brother went to a school in Tamil Nadu, but I did in AP. So whatever our teacher spelled became our surnames. Sounds same but sounds different. Kodakirthi VS Kodakathi

Thanks
Bye
Venki
 
H1B Extension - AJ

Hi Rajiv,

My H1B visa and I94 both have expired. My employer had applied for H1B extension for which I got an RFE.

1. If the response to the RFE is not filed on or before the due date then in that case in how many days do I have to leave USA?

2. If the response to the RFE is filed on or before the due date BUT my visa extension is rejected then in that case in how many days do I have to leave USA?

Thanks in advance
 
221(g) from New Delhi Consulate.
Rajiv,
I had filled for a h1b extension thorugh my employer in sept 2010 which got approved. I attended an interview at the delhi consulate on January 10th 2011 and was issued 221(g) (green slip) with all the statements check marked. My Employer submitted all the required documents and i receieved the following letter from the consulate
Based on the documents you have submitted to us, and the information elicited in your interview with an American Consular Officer, we are not able to issue you an H-1B temporary work visa, because:

Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

In accordance with United States law and Department of State guidelines, action on your case has been suspended, and the I-129 Petition for a Non-Immigrant Worker filed on your behalf will be returned to the United States Citizenship and Immigration Services(USCIS) with a memorandum explaining the facts of your case as presented to us at the time of interview. The U.S. Embassy in New Delhi is no longer handling your case, and will unable to give you any information on the status of your petition.

For your information, your visa was refused today Section 221(g) of the Immigration and Nationality Act(INA). Essentially, this section states that a visa cannot be issued to anyone whose application does not appear to the Consular Officer to meet the requirements of the INA or of the regulations thereunder.

My Questions:
What is the best way to enter back. F-1?
Would changing the employer help? if so, is it possible to transfer my H1-B? Or do I have to file for a new H1-b?
My approval notice was sent back. Is my H1-B still valid. ?
 
Hello,
In case GC is approved during interview ,how long USCIS takes to send it. Can one travel out of country if approval is stamped on the passport and GC is not received before leaving country, which can be sent later personally.
 
New job opportunity

Hi Rajiv,

Thanks for the splendid service you are doing for the community.

Have couple of quick qstns.

I am with Company x for a while who were sponsoring my GC. Got my first EAD in Aug. 07. Now I am getting an opportunity with company Y, who just came out of Chapter 11. Will this be a problem for my pending 485? I am on EB3 with PD of 02/2004.

If this is not a problem for me to proceed with the company Y, the new job offer is higher position that what is specified in the LC. When filing AC 21, should we have the same job desc or can it have more responsibilities pertaining to the new job with higher position?

Thanks again for your advice.

Best Regards!
 
Hello Rajiv

I am a US Citizen for the past 5 years ( since 2006) working for a federal agency. I got my green card in 2001 in the EB-2 category. I was cleaning up my old immigration papers when I found out that my initial Labor Clearance was in the EB-3 category but the I-140 was applied and approved in EB-2 category in 1999. While in 2000 when I applied for my 485 it did not matter if we were in EB2 or EB3 as all the dates were current, however I remember to have asked my company immigration lawyer the question on the discrepancy. His answer at that time was that he had told INS to consider my Masters degree while applying for my I-140 and hence it was approved as such. ( I am not sure if he did labor substitution of some other approved labor, as I know there were several unused labor clearances at our company at that time prior to AC21 days). I have been vetted several times by different federal government agencies so I know there have been no immigration question marks against my file and also the statute of limitation has most likely expired even if they discover the error in approval.

My question is a general one to know what happens if USCIS approves some ones I-140 petition in the wrong but favorable labor category? Is it possible that they can revoke a green card after it is approved?

I was planning to do a FOIA/Privacy act request to USCIS to send me my paper, but I was not sure if they would send my labor cert/ I-140 since one it my company whom it belongs to and second it has been more than 10 years on the case.

Thanks
 
Hello,
I had my interview for citizenship on January 13, 2011. The agent said I passed on the interview, the writing, and the questionary part, but while he was checking the whole entire pile of my paper works, he found a problem about one of my courts' paper, about driving over speed limit. Then he said I passed on everything, but he couldn't aprove me because of the courts' paper. Then he told me to go to the court to get the right paper (the one that he needed) and send it to him. Then I sent it to him, they received the right paper at January 19, 2011. My question is how many days does the guys take to go over and send my Oath ceremony day?
 
I change my address online but the NOA for RFE i guess was returned to USCIS any help I called for service request and it is almost 4 weeks already
I did not receive anything yet from them
 
visa for my wife

Hello there,

I am doing my Masters and finishing this semester in May'11. My wife applied for F2 visa and got rejected in Jan'11. At the time of interview she had I-20 for Masters. Now I am enrolling for PHD program beginning from Summer'11, May'11. So I have PHD I-20. She was asked by VO: Why does she wanna go to US just for 5 months...?

Since I am graduating this semester, I have an invitation letter for my wife and a good reason to have her here. Is it suggested that she should apply for B1-B2 visa instead of F2 visa? I am not sure about rejection rate for F2 visa for those whose spouses are doing PHD. Or, should she once again appear as F2 visa candidate?

I would really appreciate if you would post your opinions.

Thanks!!
 
Hi Rajiv
thank you for this service!
my case:
I am LPR, I got my green card in July 2009, I got married to an indian citizen in Dec 2010, I filed I 130 for my spouse in march 2011; priority date is in mid march;
as the processing is taking a long time now again (as opposed to some months in 2010), I want to find a way to get my husband in USA asap while his green card is under process. Is there a way out? or we have to be apart for another 3 years while his green card is under process...
Please tell me if there is a way out..
thank you
 
Eb2 Work Experience certificate requirements

Good Afternoon Rajivji,
My employer is preparing to file for my Eb2 Perm Labour.
I have around 8 years prior to joing the current employer who is
filing the Eb2. The requirements for the job are Bachelors with 5 years
experience/Masters degree.In this scenario is it enough to provide 5 years of work experince certificates for PERM /I-140 (detailed ones with skill etc) since Iam not able to get the work experience -Detailed skill etc, from all my previous employers ,though all previous employment has been mentioned on the Form 9089.The other available ones have just the position ,start and end date(it does not have the details of skills and tools)
In H-14 of the Form 9089 :
Any suitable combination of education, training or experience
is acceptable
Thanks.
 
Re-entry Permit

Hi Rajiv.

I got my GC last year in July 2010. I am planning to go to India and the trip will be between 6 months and a year; it may go over a year.

1) Should I apply for re-entry permit?

2) If I apply for re-entry permit and I come back within the year should I use my GC to enter the US or the re-entry permit?

3) Does using the re-entry permit affect naturalization?

Thanks

Appreciate the help
 
Hi Rajiv,

I am currently on a H1B which is valid till July 2013. Unfortunately, my company X is almost on the verge of bankruptcy and I took a hit during the downsizing
Currently my I-140 has been filed and was luckily upgrade to premium processing last week before the downsizing even started. I have been in US for about 4 1/2 years and currently trying to get my H1 transferred. I have the following questions regarding H1B transfer

1. A company Y has agreed to transfer my H1B and the attroney has indicated that approved 1-140 with previous company X can be used to request 3 years H1B with the new company Y. Is this accurate?. My old company has assured me that they will retain the I-140 status and will not revoke under any circumstances.

2. Company Y has agreed to start my GC immediately along with H1B transfer application. Is this advisable or should they wait until H1B is transferred?. Should company Y go through PERM and I-140 refiling again to commence GC process.

3. When GC processing through company Y reaches I-140 level, will I be able to port the original PD from employer X and if so should that be requested at the time of I-140 or any other stage?.

4. Assuming that I-140 PD from orginial company X is carried to Company Y's I-140, what is the status of I-140 PD from orginial company X?. Company X has promiced to seek my services when they are back on feet in which case will the PD porting render X's GC application obsolete?.

5. Assuming that I-140 PD from X is not applied to Y, what are the intricacies?..Can company X still continue process my GC and can I file for I-485 through them in future even though I am separated from the company X from now onwards...Given that GC is for future employment, will the current termination have any bearing on the GC process, I-140 approval and Priority date carry forward?. In otherwards, how can make use of the GC app filed by COmpany X without actually working for them from now until the GC process is finished.

Apologize for lengthy questions. Thank you very much and appreciate your time.
 
H-4 extension after travelling on AP

Rajivji,
My employer has applied for for my H1B Extension and spouse's H-4 extension(I-539)- I-485 Pending .
a) If I travel and enter on AP before getting an approval, will it be considered
an abandonment of the H1b petition or will USCIS issue a I-797 with an I-94?
b)Spouse has been on H-4 not used her EAD for work.
Has travelled and entered using AP(her I-94 has a parolee Status).
i) can a I-539 be filed for change of status from Parolee to H-4?
ii) Can she travel when the I-539 is pending or is it considered abandoned?
Thanks
 
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