Recording available for download for Dec 24 Call

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monica1

monica1

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Recording available for download for the Dec 24 call, http://www.immigration.com/free-community-conference-calls

Next Call Info:
Topic: General Immigration Related Questions
Start Time: 1:55 PM, EST
End Time: 3:20 PM, EST
Next call Date: Jan 7, 09
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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My question is whether there is currently biometric exit procedure at the Detroit Airport (DTW). I know they were doing a test program in May but did they implement this after. What is the current system for exit procedure for Detroit Metro Airport? This is for someone who is non a citizen and is traveling internationally for example a student for holidays in Christmas time going to home country where they are citizen. Thank so much hope you can answer as it's been difficult to find the right answer.
 
Here is My Question:
Right now I'm working for a non profit company (State Job) as IT professional on OPT (F1 Visa).

1. If I apply for H1b visa with a non profit company in for example in Feb or March 2010. And later on, if i want to switch to any Profit company. Can i transfer my visa or do i need to apply for new?

2. If apply for new, can I keep working for my current employer ( non profit ) until I start work for profit company in October 1 2010 ?

3.If I decide not to work with the profit company( just in case ) after my H1b visa gets approved, can I still keep continue to work with my current employer ?

4. is there anyway that I can just Transfer from Non profit to profit company instead applying for new H1b ?

5. Is Green card processing time is less for State employees? Under which category they fall?

Any help will be appreciated.
 
1.> Currently on H1-B Visa & 6 years is expiring on Feb 10 ,2010.
2.>Green Card/Labor petition was filed in Sep 2009 (hence, not eligible for further H1 extension as 365 days requirement was not met)
3.> Planning to switch to F1 Visa (CPT) for atleast 1 year.
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Need to know if Law will permit to switch from F1 to H1 once 365 days are over for my labor filing (even though my H1 would have been in expired state at that time i;e Sep 2010) ????
 
I140 Porting

I used substitute labor EB3( 2005) and applied I140 and I485;I140 got approved and also I am an EAD for the last 2 yrs. And applied EB2 labor in 2007 got labor and I140 approved. Recently I applied porting from EB3 to EB2. Here my question is after porting, my priority date is 2005 or 2007. Because my understanding is the priority date is 2005 and category is EB2. Please help me on this.

gcimmigration.
 
Interview Completed Supervisor Approval

I had my EB AOS interview at Washington office last month. At the end of the interview I was told that officer's supervisor needs to review the case before making a decision. I was also told that I should hear from them in a couple of weeks. It has been a month and I have not heard from them. Is this normal for an officer's work to be reviewed by a supervisor? How long should I wait before I contact them again?

Thank you for all your help.
Happy Holidays
 
Promotion on H1 after 140 approval

Dear Mr Khanna

My 140 was approved as Quality Lead under EB2 1.5 years back (485 not filed). Now, I need to file for H1 extension. Per DOL Wage data, my current salary is less then what is published in Wage library. There is a salary freeze in our company.
The VP of our division intends to promote me to Quality Manager with almost same job description and responsiblity so that company may offer me higher salary.

Will this promotion cause any issue with my GC Process ?

Alternately, can the benefits amount (Medical Insurance premium paid by employer, Employer's contribution to 401 K etc) be included to the salary to meet the wage requirement ?
 
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Case: 6 Yrs H1-B over. Extension denied twice. What are my options?

Dear Mr. Khanna,

I have gotten wealth of information from your forums, your blogs, and all of your work. You are doing a great work and I applaud you for that.

My 6 hrs on H1-B are complete as of November 9, 2009. I-94 expired on November 19, 2009. My I-140 is approved and I-485 is pending adjustment of status since September 13, 2007. In June 2009 my employer applied to extend my H1-B for another three years. It got denied first time. Applied second time with correction in premium processing on 28th October 2009. Got RFE in 3 days asking for client letter & more. We could not provide client letter & longer contracts, it again for denied. My employer is now diligently working on fixing LCA, getting longer contracts, and getting client letter and apply new petition for which they have time till 31st December, 2009 (i.e. 30 days from denial notice). Currently I am staying in the US on 485 AOS. I have applied for EAD/AP on October 21, 2009 and am expecting the same by January 21, 2010. I would always like to work on H1-B with EAD as fall back option. Sir, my questions to you are:
1. If new H1-B petition does not get approved, what are my options? They apply again 4th time or I wait till I get EAD and start working on that?
2. If another employer wishes to apply my H1-B, would it be considered as extension (7th, 8th, & 9th year) or entirely new H1-B under available quota? Do they also need to apply during 30 day grace period?
3. If I get H1-B through new employer approved, does it impact my Green Card in process?
4. If I choose to work on EAD for same employer for now, can later sometime I change employers by asking them on apply new H1-B without affecting my AOS? Does it show dual intent of immigration and non-immigration at same time?
5. Does AC21 law allow me to act on point 2 and/or 4 above?

Any and all your help is tremendously appreciated.
Thank you,
 
Regarding 2 I-140's - from separate companies.

Hi Rajiv,

Thanks for your answers for my questions in previous sessions.
I heared the recording, But unable to get clarity on following question.

1. Company A : applied labor, I-140 and 485 - I-140 denied due
to mismatch of qualification in laor and i-140.

2. Joined Company B: labor and I-140 (EB3) approved, still working with company B.

3. Now Company A: got new labor approved and applied for I-140 (EB2).

My question is result of this new I-140 (EB2) from company A, will have any impact on Company B's already approved I-140 (EB3).

Please provide your advise.

Thanks
Sai4gc.
 
H1b Extension - Travel

My H1b (1st 3 yrs) ends on 29th April' 2010. I intend to travel in Jan last week and return back to US in mid Feb' 2010.

I have few questions:

How many days before your visa expires is one comfortable in coming back to the country ?

Am i ok to travel on current H1b Visa & I-94 (valid till 29th April) and return in mid feb ?

Or

Should i file for extension before i leave the country ? In that case what if my h1b is approved when i am not in country ?
 
Question - expiring conditional green card through marriage - rights?

Dear Mr. Khanna,

I have a conditional green card through a marriage, which expires in January. Unfortunately we are currently going through a divorce, so can't renew, and my ex-husband will not be willing to file any papers or go to a meeting to prove our relationship was real.

I have received advice from USCIS that I can remain past the expiration date, and that they will contact me for a court hearing. However, what are my rights and/or options during this time? How long will I be able to stay in the U.S.? Is there any way to continue working legally before the court date? What should I expect from the court hearing?

Finally, if they choose to start deportation proceedings, is there an option to leave the country by my own free will, i.e. not tarnish my immigration record with a deportation?

Thanks in advance for your help and advice!
 
H1 or EB5 ?

I'm currently on the 4th year of my H1B. My employer has delayed starting my green card process due to the current economic crisis. My background is in chemical engineering and I have my MS from USA. My husband's
I -140 has been filed [priority date July 2008]. My question is:

I'm thinking of starting my own web-based service . I have a creative idea on how to start one [For example, lets say something like twitter or facebook]. Now given that I dont have a background in website design, I will be hiring a specialist to do that and manage all website related contents. My question is, can I do that while I'm on my H1? I wont have any income from the website [as per our original example, twitter doesnt have any income]. If any, I will have to pay to keep the website operational and pay the website builder, hosting company etc. So technically, I wont have any income from the site. Will this be possible on H1? If yes, should my current employer be informed of it?

If no, what are my options to start this web-based service? Can I partner with a MNC? What are the visa restrictions for this? Can I transfer my H1 to the MNC I partner with? Or should I be looking at EB5 option with an MNC? Can I completely own this service? Please let me know.
 
Change of employer - change status from H1 to EAD

Software consultant and currently working on H1 visa since end 1999 (10 years).
Changed employer ones in beginning 2003 (7 years).
Working for same CLIENT (same duties / project) since start 2002 (8 years).
The second employer filed my labor, I-140 and I-485 (EB3 category, priority date end 2003).
Valid EAD since end 2007 but still using my H1 visa valid till end 2010.

Labor approved - Job Title Computer Systems Analysts (15-1051.00) – mid 2006
I-140 approved – mid 2006
I-485 pending – applied mid 2007

Now my CLIENT has offered me a permanent position but wants me to use EAD. He may offer Job Title Computer Support Specialists (15-1041.00) or Database Administrators (15-1061.00). But my work is same.

1) Can new job title create problems or NO?

Please suggest me safe and best possible option.

Thanks
 
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H1Tranfer and H1-H4

sir,

If I get a job and I apply for my H1B transfer premium processing. When can I resign from my current job and join the other one after it is approved. I mean if my last working day is on 17th dec , do I have to join the next employer on 18th dec or there is a grace period of when I can join??

If my wife applies for H-4 can she resign from her current job and wait for the H-4 to come , Will she be in status while she waits for the H-4 to get approved? While waiting for change to H-4 if she gets a job can she apply for H-1 b while she is waiting for conversion or will she have to wait till H4 is approved?

Thanks
 
my fiance is in saudi arabia we are getting married in march in the phillipines her home can we apply for her visa either or places and which is quicker
 
AC21 - Similar Jobs

Hello Sir,

I am planning to do AC21.

Please can you explain, what Similar Jobs mean?

I am in IT and will be doing similar work for my future employer to what I am doing currently.

But job titles are little different:

Old Title (on LC) - Programmer Analyst

New Title (New Employer) - Business Analyst.

Please can you advise what is the risk? Should I request the attorney to do the review of both job descriptions and do the matching?

Can I hire your firm to do this matching please?

Thanks,
Raj
 
Hi, my question is regarding the I751 timeline. I sent my package to VSC on 10/30 and received my one year extention on 11/4 but have not received my FP appoitment after that. What should I do? I'm starting to get worried :(
 
AC21 Portability

I am planning to use AC21 portability for my new job.
I do not have enough information on my current job role and responsiblities from my current employer. My new job title, role and responsibilities little different but similar to code 15-1031 (I see this on my labor). Can I still accept this offer?

Thanks,
Srini
 
Changing Company When OPT extention is pending

Hi,
I recently got a Job in Big Organization,which is also e-verified.but i recently applied for OPT extension with my previous employer and OPT Extension application is pending,i know that i can change employer while my OPT extension application is pending can you please guide me how to do that I.E.
who should i contact in USCIS as my school DSO not helping me.
 
Citizenship question

Thanks in advance for the conf call and all info.

- Got GC in july 2007. Haven't left country since then.
- In Jan 2010, 2.5 years of continuous physical presence criteria for US citizenship will be fulfilled.
- Planning to leave country for family reasons for extended period of time.
- What should be the frequency and duration of US trips to avoid problems with Citizenship? Willing to come back every six months for couple of weeks.
- Any other convincing reason to stay abroad.
- Wife in F1 status in US but has finished studies. No scope of work or any other further studies. Needs to leave country. Can this be a reason to stay out of country for extended period?
 
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