Recording available for download for Jan 21 Conference Call

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monica1

monica1

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Recording for Jan 21 call is available for download at 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
Call Date: Feb 4, 10
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.
Last edited by monica1; 7th January 2010 at 10:29 PM.
 
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H1 benching - follow-up

Rajiv,

Thanks for all of your excellent advice to date - extremely helpful. I had some follow-on questions on my wife's benching on H1. If you recall, she was benched and the best solution was for her to go to India and get her H4 stamped. She is leaving early next week.
- Does her employer have to file a withdrawal and does she have to take it to the consulate?
- How about including a letter from the employer explaining the circumstances that lead to the benching?
- Is it best to take consular appointment on or before February 1st (180 days from end of maternity leave date) or can it wait a few days more (until I get my 3-year H1 extension)? Thanks.
 
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Hello ...
Working on H1 - Want to move to another company on EAD: Is it preferred?

My Status
1) Working full time for a company on my H1 (I-94 expires Dec-2011 but my visa expires Sep-2010).
2) I have a EAD (expiring Sep-2010). (I140 approved and I485 pending)
2) I have an RFE on 485 (Jun-2008) to submit proof of continuous Employement/Maintaining Status (from Jan-2008 to Jun-2008) formy wife and myself and that our Marriage is bonafide. I was asked to send the visa, I-94, Joint Tax returns, Joint bank account details, Joint Tax returns, Spousal insurance coverage etc. We provided everything and the case is updated to this shown below.

Request for Evidence

On June 11, 2008, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

It crossed 60days but no response from them. So I recently opened a Service Request with the USCIS.

Question:
I recently got a very good offer from another company which doesnt have any idea about Immigration. They dont have any immigration lawyers. I am thinking of using EAD to get in to that company.

1) Is it OK to use EAD with this RFE still pending ?
2) Is there a chance to use my H1 later if by any chance my I485 is denied ?




Thanx
Sudhir
 
EB1 OR Category

Dear Rajeev,


My EB1 OR Application by my company for GC has the I 140 approved on Jan 04 2010 and I received my EAD and AP in the month of November 2009. The application date on all concurrently applied is October of 13th 2009.

I got my biometrics done in the month of November.

How long will be the the wait for I 485 to get approved . The category for India is current as of Feb 2010.

Regards SA
 
Employee-Employer relationship exists :

Dear Rajiv,

My6th year H1B is going to expire in June, 2010. My PERM was submitted on Aug,2009. Since I had 7 months vacation, so I think I can get 1 year H1b extension.
But I saw there is a memorandum about employee-employer relationship exists. I don’t know exactly what it means and how that will affect me. What are the documents need to be provided for this?
My case is... I am an employee of a small consulting company, working at client location. My employer is prime vendor to client, and there are no layers between me and client.
I am reporting to my manager at client location. But my employer will visit client every 3 months and ask about my performance.

Please let me know this will affect me? If it affects me is it possible to shift to a company? Will this memorandum applicable to H1 transfers also??

If my H1B extension gets denied, can I stay in US until my old H1B expired (ie. June,2010)? If so, how long can I stay in US after my H1B expired.
We are expecting baby by last week of May. It is very difficult for me to leave US with days baby, on denial of H1B extension. What can be done if I want to stay in US until my baby becomes one month old? Is there any visa that I can stay in US based on medical grounds..?
Thanks for your help Rajiv.


Thanks
SK2008.
 
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Hi Rajiv

My husband is completing his 6th year of H1B in August 2010. He filed for labor in EB3 on July 2009. Still we dint get any result for the labor filed. I am aware of if Labor gets approved we get one year extension.The question I have is

1. Will it be possible for my husband to get a 1 year extension as the labor filed is still pending.
2. My daughter is dependent on my husbands H1. I want to transfer her to my dependent as I am on H1 too. What is the process I should follow.

Thanks
Bavitha
 
Hello Rajiv,

My brother came here on B2 and tried to convert to F1, it go denied. We will file MTR just to take a chance. In meanwhile, he fell in love with a green card holder who has it for about 1 year. And this may sound very very silly, but the girl wont live a day without him.
If his status change does not get approved, they are thinking of leaving the country and the girl might lose her green card. As, he cant enter, and she wont come without him alone.
Another thing, he is thinking of overstaying and wait for 4 years till she becomes citizen and then apply for green card. Do you see any issues with this after 4 years? can there be a problem? I really wish they did some provision for spouses of green card holder.
Do you have any other advise to make this work?

he came here in Jan 23 2009, got I20 on march 16 2009, RFE, and now deined on 22nd Dec, going to file MTR this week. Chances of him coming back to USA also looks very dim due to this mess.

Thank you very much for your help
 
Dear Rajiv,

Me and my wife filed our 485's on July 07 at the Texas Service Center. We also got our EADs and APs.

In Jul 09, we got RFEs on the I-485.

1) They asked for medicals for both me and my wife
2) Asked for police certificate for me since my FPs were illegible.

I guess our original medicals were either lost by our law firm or by USCIS.

We replied with all documents in time and USCIS updated their website that they had received the response.

In Sept 09, I got a subsequent FP appointment, and I gave my FPs again.

In Jan, the website still shows that USCIS has received our response and nothing more.

My question is, can we file for renewal EADs and APs while the USCIS is still working on our RFE?

If not, is there any way we can get the processing expedited?

Thanks,

M. Bose
 
Dear Mr Khanna,

I am a physician from India currently doing my residency. I need your help regarding a situation with my H1b.
My current H1b expires on June 19th and my residency finishes on June 30th. this is my first 3-year H1b and was started from the day of my orientation (which was earlier than the actual start date of residency). It is thus expiring 11 days before my residency is finishing.

The main issue at this time is what would be the best way to address this situation. I would prefer not to have to apply for a new H1b.
1. Can I use vacation days to finish my residency?
2. Is it possible to extend I-94 for these 11 days without getting a new H1b if I have a new visa starting July 1st (either a new H1b from a new employer or a new H4 from my spouse)?
3. Are there any other suggestions/ideas that you have regarding this matter?
4. Finally, would your firm be willing to take up this case?

Thanks a lot for answering my questions. I really appreciate all your help.
 
Greencard through marriage

Hi,

I have filed for my GC through marriage about couple of years ago.

First it was stuck in back ground check and later USCIS decided to further investigate and recievd some negative info about my wife receiving medicaid at her parents.

Well she received a NOID and we replied back along with alot of additional evidence in Oct 09.

Date on my I485 changed as well as a on I130 twice in my profile on USCIS website but there is no change in update. Information is still same as it was theat they receievd reponse on RFE and case progress has coninued.

What can this mean because last time date changed on my profile on USCIS website, they started investigation.
 
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Hi Mr. Rajiv,

Thank you much for give us some of your time to answer our questions.

Based on your experience, can you give us a sight about the I-130 interview for those who are in removal proceedings and the difference between it and other regular I-130 interviews. Thank you

Regards,
AbuFaisal
 
H1 - 140 Same Designtaion Different Job Description -- Followup

Hi Rajiv

This is a follow up to a query where you helped a few weeks back.
The original question was --
My 140 and H1 (Extension) has same Designation but different job description causing different job code and wage level. I am going for H1 extension and you confirmed my doubt that this might raise a question with CIS as to how can there be different job descriptions with same Designation.

I discussed this with company attorney and HR. I also suggested that the wage be determined hourly and if I work 35-36 hours a week , it will be easy to match my current wage.

The attorney office (actually senior paralegal) is adament that it is a non issue since H1 and GC are not related any way and they can go ahead with different job descriptions without any issue. I am not happy but have no choice at this point.

My follow up questions are --

1) If it raises a query in CIS, is it more likely to come up now during H1 Extension OR during 485 processing (140 is already approved) ?

2) If it comes up during H1 extension , I guess it is an easy fix ... just to file another H1 with correct job decsription and wage?

3) If it comes up during 485 process (with an intent to reopen and deny 140) , can you think of any way to save it ?

While I do not have a choice of Attorney for my H1 I do have a choice during 485.

Thank you much for all your help.
 
Hello Rajiv,

Thanks for hosting this forum. I am sure everyone appreciates it as much as I do.
My Situation is as follows:
I am a US citizen. My wife is on F1 Visa and is currently on OPT that expires on Feb 15th. I am filing for her GC. I plan to file I-485and I-130 forms.
My questions are as follows:
1. Do I need to file any other forms, since she plans to work and travel out of the country while her application is pending?
2. I will be submitting Marriage Certificate, Joint Bank Statement, Medical and Car Insurance Document and also a document indicating her to be a beneficiary on my Life Insurance policy. Are these documents sufficient proof to indicate that our wedding is legal?
3. Do we submit the medical exam papers with the application forms?
4. Since her opt will expire while her GC application is still pending, does she need to maintain her F1 status by joining any other degree program at School?

Thanks for your help with this,
Akash
 
Hello:
I came to USA in Aug 2004 on F1 Visa. Graduated in Dec 2006. Applied H1B in April 2007 Quota and it got denied(Unable to provide End Client letter). At that time i was on OPT. My OPT was valid till Dec 17th 2007. To maintain legal status and to work, Just before my OPT ended I registered in a college and they gave CPT(Curricular Practical Training) for 1 year in order to work. I applied H1B again in April 2008 quota and it did not pick in the lottery so i continued on F1 with CPT. My CPT was valid till Dec 2008. In Dec 2008 I got the CPT extended for 1 more year by the international student Advisor at that college. I applied H1B again in April 2009 with a new company and it got denied because of the same reason i had in 2007. I applied again in September 2009 from another new company and it Finally it got approved on October 16th 2009. I started running my payrole with the New Company from Nov 1st 2009. Now the next step is about stamping. Do you recommend me to go for stamping in Canada ? or is it compulsory that i have go to India. If i go to India , can i go to any consulate in india like Delhi or Chennai or just because i am from Andhra Pradesh should i go only to consulate in Hyderabad? I am also hearing some running news about stamping not being succesful or getting deported if we work with an indian consulting company and a vendor at a client site (Third party), can you please let me know if that is true and if it is true how do we handle that issue...I am thinking of going to india and getting married this year so i would appreciate it if you could advise me how to go over all this...Thanks!!!
 
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My relative works for a consulting company and the company has placed him in the third party site for work via the primary vendor.
The H1B is extended and in the 7th year waiting to file 485. He has not gotten stamping yet however.
How will this new employee-employer relationship affect him. He is about to get married in June this year making things even more complicated. What should he do now ?. Will he lose his job / all the immigration benefits. He was planning to go to India and get stamping?. Is it not advisable now ?. Please help.
 
Arrested as a minor

Hello Mr. Rajiv

I am in the process of filing for my citizenship. one of the question in the naturalization form is If i ever been arrested, cited or detained by any law enforcement officer?. When i was a minor (15 years old), i was arrested twice, on two different occasions, for drugs related problems. I was taken to a juvenile court but, Both of the cases were dismissed. I did not do no time in prison, the court just dropped both of the cases. About a year ago (2009) I started investigating to see if this 2 cases would bring me any problems in my naturalization process. I did a backgorund check with the FBI to see if anything was showing up in their records, But nothing came up except but, a misdeanor case for resisting arrest. This happened when i was 17 years old. I declared myself guilty and the judge gave me a 1 day community service and If i had not gotten myself in trouble for a complete year this case was going to be dropped. which it did. It seems like both of the drugs related cases were expunged cause they do not show up in the FBI Records. My questions are: Should i say yes to that question and just explain about that one case that comes up in the FBI Files? or should i say yes and explain about all 3 cases , eventhough, only one comes up in the FBI Records?. Will these 2 drugs related cases cause me problems if i mention them - eventhough the cases were dropped and this happened more than 20 years ago - at the moment of me pursuing my US Citizenship?

Please give me your opinion on this one cause i am going crazy

Thanks

Amauris
 
Hello rajiv,
i am a single dv winner of 2010 from kenya. I have a host in u.s a cousin who have stayed for 12yrs now.
Do i need an affidavit from him or just a letter to show he is ready to host me?
What will he indicate in that letter?,my passport no., ID, CN, my photo?
Thanks
parsitau
 
Hello Mr. Rajiv

I have finished my registered nursing in December 09. I am on 1 year OPT rightnow. Can you tell me on which visa i can work here? Also I heard that H1C got extended but i am unable to find verification online. Can you please conform if it got extended or not?
 
CLarifications on H4 status and H1B and GC concerns

Hello Mr. Khanna,

My apologies for multitude of following questions...

Last year (in 2009 quota) I was picked in H1B lottery, but due to the market situation I did not convert to H1 from my current H4 visa (have been on H4 for last 7 years). My H1B sponsorer (a consulting company) probably might have cancelled my H1.

My current H4 is valid till Oct 2012. I have a few questions about my status,

1. Can I establish a business (put up a physical store), if yes what are the conditions.(how to go about it)
2. Can I have an online business, and what are the conditions?
a. Would it be OK, if I have the business registered in India and have the customers from US and other countries?
or
b. Does it have to be registered only in USA in order to sell stuff in USA?
3. As I am counted against 2009 H1B quota but never converted to H1B, if I get any sponsor now for a new H1B for me, can I switch to H1B without any issues?
4. If I get approved for a new H1B, would I get the approval notice with I-94 so that I can start ona job without going out of USA to get a visa or do I have to step and come back in in order to start my job?

My husband has H1 (past 7 years). He has his I-140 approved and (PD = July 2008). So he got a 3 yr extension instead 1 yr extension after 6 yrs of H1B. What's the expected time for us to get EAD?

Currently he is working as consultant for a small firm (with whom he got the I-140 approved), and now he has an offer some where else for a full-time and that company is ready to process his H1B and GC. Our questions are,

1. If he accepts the fullt-me offer, do we have to start the GC process all over again? If yes, can he still keep his PD=July 2008?
2. Once he accepts full-time, would he get only 1 yr extensions instead 3 yr extensions as I-140 approved was for his current firm?
3. Recently we are seeing in online blogs that, on H1B visa one cannot be a consultant any more meaning on H1B one can only work for full-time only for the company which sponsored their H1B...Is this true??

Thank you very much for your time and advise.

best regards,

Sumi
 
Hi Rajiv,

Thank you for all your efforts to help us.
I am a MBA student graduating in this May. I will be applying for my OPT mostly effective the day of my graduation. I have applied for H1 B with in the last 5 years,got cleared in the lottery but I never went on to the H1B status. I have the H1 B documents from the USCIS that my employer applied for. But my employer went on to cancel the application after 6 months, since he cannot have an open H1 B application. I was also in college at that time.
My questions are:
1) What do I do about the OPT-H1 B gap if I choose to apply for a H1 in 2011, since my OPT will expire in MAY 2011 ?
2) Also is there any way that I can use the current H1 B documents that I have, for H1 B application in Feb 2011 to apply for a h1 transfer.


Thanks,
Archana
 
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