Recording available for download for Jan 6 Conference Call

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monica1

monica1

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Recording available for download for Jan 6 call. http://www.immigration.com/free-community-conference-calls

----------------------------------------------------
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
NEXT Call Date : Jan 20, 2010
Conference Access Number: 402-237-5412
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 a moderator:
Hi Rajeev,
Thanks for taking my question ...

Background Info:

Comepleted 6 years on H1B (in Jan 2010) and then did COS to F1 (in Feb 2010) to persue MBA , meanwhile previous employer continued GC process.
Now that I-140 has been approved, GC sponsoring employer wants to hire me by filingCOS to H1 ...

My question is around CPT (Paid internship) which i took during MBA study on F1 and its impact on planned H1 extension filing :

1) I have "experience letter from all the previous employer's except my experience gained during Intern/CPT ? Should I get experience letter from CPT sponsoring company ? or only H1 B based experience letters are enough ?

Also, In the updated resume, Should I mention my experience gained during Intern/CPT ? or only H1 B based experience is enough to mention ?

2) Since it was a paid internship, should i include pay stub from this period while filing H1 extn ?
 
Hi Rajiv,

Happy New Year!!

Here is my situation:
I have an undergrad degree in Finance and Computer Information Systems. I have worked in the Finance field for the last 8 years and for 4 of the 8 years my work required me to work with IT groups on projects, but my input on those projects was from a Finance perspective. My company filed my GC under EB3 as a financial analyst. My I-140 was approved wth a priority date of March 2006 and have a pending I-485 (done in 2007). As you know there is still a backlog for EB3. I can arrange to have an IT firm file a second GC under EB2 but in the IT field as a project manager and use the priority date of the EB3 to expedite the GC process. The IT firm can create a job profile for me based on the educational background in Computers as mentioned above. Question is:
Is it okay to have a second GC filing in EB2 in IT when the first filing was done under EB3 in Finance? Would USCIS/Labor dept look at the new filing as an independent case or will the connect it with the current EB3 filing? In short is there any risk?

Thanks,
Pratap..
 
Hi Rajiv,

Sorry have another question that I was about to type when I accidently clicked the Post Quick Reply button. This is in continuation to the post above. Please refer to the background information above.
The second question is:
If it is not recommended to go for the second GC filing under EB2, I would like to go back to get my MBA. In this case would I have switch to F-1 visa or can I continue to stay on AOS with AP and unlimited employment authorization while I get my MBA? If F-1 is the only option would I have to abandon the GC process?

Thanks,
Prat.
 
Hi Rajiv,

Wishing you a very Happy and a prosperous New Year ahead.
An employer had applied for my visa in Apr 2010 and she wanted me to work for her company (Start up company).My visa got approved but due to my personal reasons I had to go back to India.While I was in India ,I came to know that my H1 got approved.Then ,again I came to US but at different location and I came on H4 visa.
Now since I am at a different location,I cant work for her company.Now I have the following doubts:
1.Latest by when shall I start working so that my current H1 visa doesnt get void?
2.Since i have not even got stamped on my passport,is it that the chances of visa getting void begins after getting stamped?

Kindly let me know.
Thanks
 
Hi Rajiv,


Happy new year.

I have worked as a contractor ( Verbal agreement) for a Delaware LLC company. The owners of this LLC are European and do not live in the US. (I am unsure of their visa status). Anyhow I did the work for a US based client of theirs and I would invoice the Delaware company for work done with the US client.

The Delaware LLC has not paid me in full and I am suing them. The Delaware LLC no longer does business with US based client. The US based client has reached out to me directly and wants me to hire me as a contractor for 12 months. However the Legal team with the US based client has noted a clause in the contract between them and the Delaware LLC that states something along the lines of '' employees or agents cannot work for the client within 12 months of contract termination''

Also I had a verbal agreement to work with the Delaware LLC and did not sign anything with them.


What are the risks for the US based client working with me moving forward ?

If the European owners do not have work Visas or had other people working on the project who do not have work visas is this grounds to make the initial contract null and void and potentially release the US based client from the clause ?

Thanks
 
Dear Rajiv,

First of all, thanks for your time and truly appreciate this service of yours.

I am currently am a US Green card holder and my spouse is a US citizen (we both got the GC thru my employer).
We are planning to move back to India and I would like to renounce my US GC also.

In future can I come back to US as a spouse of a US Citizen and apply for GC and subsequently the US Citizenship if I choose to do so?
Do you anticipate any issues with coming back to the US as a spouse of a US Citizen and apply for GC again, as I have renounced my US GC once in the past?
 
Hi Rajiv,

My first I140(EB2), filed with the old labor, was rejected by AAO. I had filed 485 also along with it.
In the interim I filed another 140(EB3) with the same company on a different labor(PERM) and it got approved.
However my 485 is still showing as pending. Does this mean that it has been tied to the second I140 automatically.
If so do I get the old priority dates also. The A number on both the I140 is the same.
 
Hi rajiv,
I am a J-1 Student Non-Degree, came to U.S. in March 2009. I had no funding neith from U.S. nor from my home country. Also I was not under Graduate Medical Education. I was subject to 2 yr HRR may be due to my profession present in skill list. After releasing of 2009 skill list in June 2009, my country was removed from list. Now I have got admission into graduate program, and my university international student advisor knows that I am not subject to 2 yr now as my country has been removed from skill list. My university International office is filing my change of status, and I am asking them to write a cover letter regarding my J-1 situtation coz I am afraid that there is annotation on my visa that I am subject to 2 yr rule as skill list was different at that time. The international student advisor says that we should not write any cover letter and should not highlight this issue, and also he says that all the immigration officer work on COS knows all changing and current regulations. I have applied for advisory opinion from DOS but I have not got yet. Now I need your opinion regarding writing a cover letter.
Thank you
 
HI,
i am on EAD now since 2007 december and no H1B from that day to till today.If i get H1b now should i need to get stamped on my passport to bring my wife on H4 visa.
 
Dear Rajiv: I am about to apply for my citizenship. 5 years ago I got my employment based green card . My GC was filed from TSC but was eventually transferred to VSC for my GC interview. I got the physical green card from vermont service center. After a few months I got a second physical Green Card with from TSC. My A# is the same on both green cards but I always used the first green card and never used the second green card. My question is will this create any issues in citizenship application? I want to surrender the second green card but not sure how and when?

Thank You
 
Hello Rajiv,
Thank you for your service. I would like to get your thoughts on green card processing for my Canada born child. We'are planning to apply for GC under EB1 category as I'm currently under L1A.
Option 1: file GC for my wife and me now and process GC for my son later as my son is currently in India.
Option 2: file for total family now.
Can you suggest one of the options?
Soundarya
 
Hi Rajiv,
We came to USA on family visa (F4-green card) on June 13, 2007 from India. Now I am looking for the bride groom for my daughter from India. I request your counseling on the following questions:
(1) As on day, being a permanent resident we have completed 3 years and 7 months. If the marriage is over in India in the month of July 2011, what are the provisions are there for the spouse to come to USA? How long would it take for the spouse to come to USA? What are the hurdles we have, for the spouse to come to USA.
(2) On the other hand, if the marriage is over in the month of July 2011 and if the above process is tedious, could we start the visa process for the spouse only after we have become US citizen? This implies that we have to wait for at least 2 years for the spouse to join with us if the marriage is over as mentioned above.
(3) Please let us know what is the best option for us if we get marry my daughter with current visa status.
 
Hi Rajiv and Team,
Happy New Year. My I-485 approved in July 2010 and i received approval notice in that month, however i still did not receive my Permanent Resident Card. I enquired with Immigration in Dec 2010 about my card, they replied back to me saying that they sent my PRC to my old address however i received approval notice in july 2010 to my new address. I could not find my PRC at my old address post office and the only way immigration people saying is to re apply for PRC with a full fee.

Before re applying for my PRC i would like to know any other way for receiving my PRC without the fee, since i am in between jobs and it is tough for me to pay for the fees for me and my wife card.

Appreciate if you can suggest the best route.
 
H1 extension while H-4 COS is Pending

Hi Rajiv,

Thanks for your wonderful service.

I used up 6 years on H1 and then filed for COS to H4.
While the COS is pending, now i am eligible to extend my H1 visa based on the LC 365 day rule.

My questions are:
1) can my employer apply for H1 extension when COS to H4 is pending
2) if H1 extension is applied what would be my status during COS
 
Green card

Hello
A VERY HAPPY NEW YEAR
In fact I have 2 questions
1) Is there any legal issue in filing for for Green Card in US and Permanent Residence in Canada at the same time through family sponsorship.
2) If my relative is on 10 yrs multiple entry visa and she visited US no of times after a short interval. Her visa extension beyond 6 months was denied on earlier occasion . This time she was granted visa for 6 months and we want to extend it for further 6 months. What are her chances for extension . Will it create any sort of problem for her future visits.
Sabah
 
H1 to H4 Change

Thank you Rajeev for taking time to helping the community. Here is my dilemma.

I am on H1 Status presently. My wife (on H1 status) went to India for visa stamping (2nd renewal). She got her H1B Visa stamped after a delay of 3 months due to administrative processing (221g). When she came back to US her employer said they have terminated her a month ago and sent the info to USCIS. She is presently contesting her termination through her UNION.

1. She entered the country about 1 month ago. Is she out of status presently?

2. The last paystub she has is from 3 months ago when she was paid? What are the implications of filing for COS (I539) from H1 to H4 (based on my H1B status). What are the chances of approval since her job is presently being negotiated by the union even though she is not being paid.

3. Is it better to leave US and get the new H4 stamping in India under the above circumstances or is it more risky this way.
 
Hello Rajiv:

I am new to this forum. I have got H1b approval on Sep 23, 2010. I am working as a Civil Engineer and I did Master's in Civil Engg here is USA. I am planning to go for stamping in May, 2011. I am hearing all scary stories about delays in stamping and section 221(g). Also, recently I came across some forums which say that they are delaying the stamping process wantedly if the person profession falls under The Technology Alert List (TAL). I have checked that list and Civil Engg is also in that category. Will I get stuck if I go for Stamping???? Please advice.
 
H1 transfer

Hi Rajiv,
Wishing you a new year of wondrous possibilities.

Seeking you thoughts for my issue

1. I changed to employer B from A on Oct 10th 2010.
2. Company B applied for H1B transfer on Oct 5th 2010 under Premium processing.
3. Till date there is no update or refund of PP given by USCIS.
4. My current I-94 expired on 1/1/2011
5. Due to H1B delay agony, I accepted offer from another consulting company C and they applied for H1B transfer on 12/28/2010 (just 5 days before my I-94 expires).
6. I want to take up the company whichever get H1B approval first.
since my entry into US, I have never been out of job or pay.

My questions:
1. Is H1B applied by company C is dependent on decision of H1B petition applied by Company B? i.e can my later H1B petition will be approved irrespective of previously applied?

2. Personally I want to transfer to company C once the petition is approved, is it ok? is there any legal consequences I should keep in mind to make decision.

3. If petition by company B gets denial, can I transfer immediately to company C irrespective of its petition is pending approval or approved?



Your thoughts are highly appreciated.

Thanks
Sandy
 
Hi Rajiv Ji,

My sincere thanks for all your help.

*my denied I-485 (employer 1) was reopened after,I-140 approved with (employer2)given new PD to my I-485, now all my dependents I-485’s also moved from NSC to Texas and showing as transferred status after contacting Congress men. (Thanks for your suggestion).

Q. Is this situation; can I take a permanent employment at client place? If employer2 withdraws I-140, does that affect my I-485?
Q. My son is 17 yr; can I apply EAD for him?

Regards,
Sai.
 
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