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Hi Rajiv, Thanks in advance!

This is regarding my wife's I485 which got denied.

We received RFE dated August 27th(printed). The date on RFE is stricken off with hand and again hand written as September 2, 2009. We had regular 30/33 days to reply.
Although the letter was in our Post box for a while i did not see it until Sept 23rd. Tried to contact our attorney but he was not available for few days. And the attorney later said he never received the RFE. I had to file the reply for RFE myself. We posted the reply for RFE on Sept 29th along with I20s and letter from university. USCIS received on Oct 01st.

Denial notice for my Wife's I-485 received on: 7th Jan 2010 by post.

Denial reason: a. Did not receive the RFE before deadline( I am sure they are considering the August 27th as posted date). b. And the evidence was not sufficient.(not sure if they are saying this)

Details of my wife's stay in USA:
1. Entered USA - End of August on F1 visa (Master's Degree - Electrical Engineering)
2. Attended University from Aug 27, 2001 to May 5 2003 to complete Electrical Engineering. Degree was certified on August 14, 2003.
3. Enrolled for the summer session between may 12, through August 22, 2003 in the Master of Science, computer science program. This is NOT full time 9 credit registration as it was summer session.
4. She registered for full time graduate student for the fall semester, August 27 through December 19, 2003 in the Master of Science, computer science program. ( second Master's)
5. Applied for H1B through company "A" and got approval on Dec 6, 2003
6. After H1B approval dropped the courses in University on Dec 10th, 2003 and join the Company A

Q1. Was my wife out of status any time during that timeframe.
Q2. We can appeal for the MTR according to denial notice. What the chances of success in such case?
Q3. What can we say to USCIS to convince them to consider MTR
Q4. If I have to apply through you, what is the fees or who can I contact regarding that?

Thanks a lot for your help
 
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Hi Rajiv Ji,
Thanks you for your advices.

In continuation to my previous conference call question.

1Q: If dependant child (age: 16) now in high school. If He wants to apply for F1 (status change) next year to go
college. (Right now he his in H4 and his present I-485 case is in denied status) Can he get the F1, What are the chances or any issues expected
in this situation.

==============================

2Q: This is regarding my H1, If I moved to other project in different state, I understand from forums other resources that employer need submit new LCA only. I just want to know, per this New Memo, any change in this process. Can you please throw some light on this.

Thanks,
Sai4GC.
 
Sir,
I have a question about my Green Card. I was with a consulting company who applied for my Green Card in May 2007 (EB2 - India). I currently have an approved Labor and I140. Recently, I was rolled off from the project. After searching for other projects, I came across an opportunity for a permanant position.
My earlier employer told me that they would be willing to keep my position open and apply for my I485 and EAD once the priority date becomes current. I would like to know what obstacles, if any, I would face in going with this approach. I am especially concerned because of the present economic and immigration scenario.
1. Will USCIS create problems if I go along this route?
2. Although I do intend to work for my employer in the future (after getting my Green Card), is there a minimun time period for which I need to work?
3. How soon does the employment with the earlier employer have to start?
4. Any additional care that can be taken at the time of filing for I485 so that there are no hurdles?

Just to add here that I am currently in the 5th year of my H1B VISA. It is valid till August 2011.
I truly appreciate all the help.

Thanks,
Andy1920
 
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EAD / AC21 - definition of "SAME or SIMILAR"

Hi Rajiv,

I have two queries:

1. I am in AOS status and using EAD - currently working with my GC sponsoring employer as 'Technical Lead' and I have another offer from another company for 'Business System Analyst' in the same field. I work in IT and in healthcare domain.

MY PERM was filed for the occupation code of "15-1031 Software Applications Engineer", can I take up the role of Business System Analyst - The occupation code I beleive is '15-1050 Computer Systems Analysts'?

2. Can I stay in the US when on bench and not paid?

I am little confused here but I believe that it meets the AC21 requirement of 'SAME or SIMILAR'. Will appreciate your advise.

Thanks for your help in advance.

-zeal2005
 
spouse status

I am filing for my N400.My spouse is B2 overstay.In N 400 they asked for spouse status and address.What should i write?Will it create any problem in my citizenship application or problem for my spouse.Thanks.I really appreciate your time and help.
 
After receving the J1 waiver, what are the visa options?

Hello Rajiv,

My girlfriend applied for her waiver mid-August, and received the favorable recommendation in late Nov 2009. What we would like to know is, moving forward, what visa options does she have? Her current J1 visa expires May 28 2010.

She works as a teacher at a Montessori school, for which she has training and certificates from her home country of Sri Lanka (which is what allowed her the opportunity to come to the US). She does not have a B.A. so we don't think she can be sponsored for an h1 visa.

Marriage-wise we would like to get married down the road, but not rush into it due to the visa expiring.

We are a little lost here, so please let us know what all of our options are, so we can sit down and make the best decision. Any information you can provide us would be very helpful.

Thanks,
-Dev
 
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