RECORDING available for download for Jan 7 Conference Call

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monica1

monica1

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Recording available for download for Jan 7 Conference call.

Next Call Info:
Topic: General Immigration Related Questions
Start Time: 1:55 PM, EST
End Time: 3:20 PM, EST
Next call Date: Jan 21, 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.
 
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Spouse's immigration status and best option in given situation?

Hi Rajiv,
While I am planning to change my status from H1 to F1, came to know that Spouses h4 visa & I-94 has expired as employer forgot to file her extension along with my H1 extn. (so she was 'out of status' for approx 54 days) .

My question is
1. She left immediately from USA to Home country (India) & am planning to take appointment for her at Delhi Consulate, will there be any problem to get H4 status due to this 'Out of status' ? IF YES, Any advise you could give ?

2. Hoping that she will get her H4 Visa and will be able to join me in USA soon, should I proceed with "Change of status (from h1 to F1)" application and later file for her H4 to F2 status change? OR should i do it together once she comes back to USA on her H4?
Thanks for your input in Advance!
 
I-130 (Category: F1) - Can children eligible to get Immigrant Visa ?

Hello Rajiv Sir,

My Background: I am an Indian Citizen by birth and currently resideing in India. I have 3 children. My wife passed away in 2003, since then I have never married again. In 2004 my US citizen mother has filed I-130 for me. Category for I-130 is F-1 (unmarried son's and daughter's of US citizen), although, all my children's and deceased wife's information has been mentioned in I-130.

PRESENT: I have just sent CHOICE-OF-AGENT form to NVC, so within next 9-10 months I am expecting a visa call at nearest Embassey.

1st Question: Can my children eligible to get immigrant visa as dependent? I-130 is under F-1 category, but on the other side I am not an unmarried son (But infact A WIDOW who Never Married Again).

2nd Question: What's the rule, for child who turns 21, will not eligible to get immigrant visa with their parents?
I have 2 Daughters (Age:21) and 1 Son (Age:20, will turn 21 this Feb, 2010) - They were under 21 when I-130 got approved, but visa number was not available.


Thanks
KC
 
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Passport Clearance Certificate

Dear Sir,

Posting another question on behalf of my friend.

My indian passport has been renewed by Indian Embassey in TEXAS, USA while I was in US. Currently, I am in India and waiting to go through consular processing.
Question: Do I need to get Passport Clearance certificate (for CP) from TEXAS INDIAN CONSULATE post OR Can I apply for passport clearance certificate to the nearest passport office (Ahmedabad) in India.

Thanks
KC
 
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I would like to know if the LPR sponsor to be (the petitioner of I-130) applied for benefits such as food stamp , child care, will it affect the spouse's I-130 application approval or denial or GC?
 
Issue - I 140 stuck at local office -

My I 140 was filed on Apr 11 2007 to nebraska service center EB2 category.
My I 485 was filed in August 2007.

In Oct 2008 , my I 140 and 485 were moved to Washington DC local office.

None of the below worked

1) I have tried to expedite by premium processing by sending the application to both nebraska service center
as well as washington DC local office. The application was returned.( 3 months back)

2) I have taken a infopass appt and an enquiry form was filled and submitted ( 60 days back)

Please let me know what other approach can be taken to get the I 140 approval or for submitting premium processing.
 
Regarding H4 --> F1 & I-485 question.

Thanks Rajiv Ji for all your help and
I wish you Happy New Year.

1Q: If dependant child (age: 16)now in Highschool. If she applies for
F1 status change next year to go to College.Still,the existing pending I-485is valid or its going to be considered abandoned?

2Q: If once she is on F1 and if there is no pending I-485 for her, Can I apply I-485 in future as my dependent?

Thanks
Sai.
 
H1 benching

My wife was on full-time H1B and converted her petition to a part-time H1B mid of 2009. She took leave for maternity and then her employer had a slow down and laid some people off. She has been "benched" in the sense that the employer promises to take her back as soon as work picks up. They are flexible about time off for maternity but it has been a little over 7 months (they might ask her to resume this month). Is there a problem? Does she need to get terminated and go into H4. I am in the process of filing my 7th year H1 extension.
Thanks.
 
entry on b1 or h-4 ?

Hi Rajiv . Wishing you a great new year !!

I am on H-1(b) and getting married soon, my fiancee is in India. She holds a 10 year multi entry B-1/B-2 visa. Is is necessary by law that if she were to come with me, she has to enter on an H-4 visa? If not, can she enter on her B-1/B-2 visa on her own and later change the status to H-4 in the United States? My schedule is too tight and may not accomodate consulate formalities of visa processing so need your suggestions as to what options we have.

Thanks
 
Hi Rajiv,
I am a Bcom(H) graduate with 8 years of experience. I have a couple of Diploma certificates as well. I am currently persuing CPA.
1. Once I complete my CPA, would I be eligible to apply for H1B ?
2. Would my education be considered to be 16 yrs ?

Thanks,
Puchha
 
H1B Qualification

Hi Rajiv,
I am a Bcom(H) graduate with 8 years of experience. I have a couple of Diploma certificates as well. I am currently persuing CPA.
1. Once I complete my CPA, would I be eligible to apply for H1B ?
2. Would my education be considered to be 16 yrs ?

Thanks,
Puchha
 
Last Name Change during ROC(Removal of Conditions)

Hello Rajiv,

Thanks for taking my question.

My spouse changed her last name to my last name during the conditional GC process.

Now, she wants to change her last name to my first name(which is a common practice in south India).

Can we change her name(again) during the I-751(Removal of Conditional) process?

We used the marriage certificate as proof(or reason) for name change during the conditional GC process and can we use it again for name change during the ROC process?
 
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Living together or separate for Citizenship

Dear Rajiv,

I have the following scenario. Let’s say me and my wife go to college in two different cities (X and Y) which are about two hours apart by car. I live in city X during the week to go to the college while my wife lives in city Y during the week to go to college there. On weekends, we live together in city X. We have to live in separate cities for probably two semesters. In this scenario, are we considered living together or living separate? I am asking you this because I want to apply for citizenship and if we are considered living together then I will be eligible after 3 years from obtaining the permanent residency. If not, then I have to wait for 5 years.

Also, I was arrested for "Disorderly Conduct" once and the case was "Nollo Prosse" on my hearing in court. Do you think USCIS can deny my Citizenship based on that incident? Should I wait for five years from that incident to apply for Citizenship?

I would appreciate your response,
 
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AC portability & travelling outside US

Mr Rajiv,

I have a valid EAD and my I-140 was approved 2 years ago. I am currently considering to join a new company using my EAD. I believe the process requires I inform INS about my new employer thru AC 21. Once I file that will INS, will my new employer have any control over my GC application. Will I be free to move from the new company anytime I want or can the new employer cause any issues ?

Secondly, with a valid AP and EAD, how long can I stay outside US without working in the US ?


Thanks!
 
H1B tranfer in a peculiar situation

Hi Rajiv,
I work in India for a firm-I and I also have a valid H1B visa filed by firm-US. I also have a valid B1 visa. I visited USA on behalf of firm-I on B1 for a week. At the port of entry they noticed H1B as well, so, they stamped "On H1B till Oct 2011" (although I've shown invitation letter from firm-IU (firm-I's US office).

Now, I'm back in India and want to transfer my H1B from firm-US to firm-IU and then go to USA on H1B to work for firm-IU. Is it possible to do that? coz from US point of view I've already started working for firm-US.

I'm wondering if this transfer of H1B from firm-US to firm-IU is possible. Or Do I need to go for fresh filing? Please help me.
 
6th year H1-B ending Sept-2010

hi Rajeev,
I talked about my issue on previous call. I have a few questions again as followup. Below are the details of my case.

I have a LC application pending from my current employer filed on Feb 2009. I also have about 6-8 months of stay outside of USA during my 5 years on H1B visa.

I have an offer from another company but do not know how soon they will start my LC process if I accept the offer (assuming they get back my 6-8 months vacation time with H1B transfer). What time (date, month) should my LC application be filed by my future employer so that I can have my GC application process started with that company.
Can I wait and make sure that the LC process is started (before 365 days of H1B visa expiry) by my future employer and then join that company?.

What happens if I get laid off by my future employer with my LC application pending? Do I need to go back after my H1B visa expiry?

Thanks.
 
HI Mr Rajiv,
i will be having an interview this 26th of january and i didnt register through selective service because i'm not aware of it, its an honest mistake but the letter is advising me to bring a copy of it .. would an apology letter that is notarized sufficient? stating that not aware that i have to register and i only knew about it last year when i was interviewed for citizenship and i got denied. please assist , or do you have a sample letter of apology maybe i can use it..thank you!
 
Hi Ragimill

I am confused now. What is selective service ? Is this some thing we should be worried of ?
I am going to apply n400 this week.Please explain me in details.
 
Hello Mr. Khanna: Thank you very much for providing this service and wish you a happy new year. My question is about the copies of documents required for filing I-130 for parent immigration to the US. Do these copies have to be notarized? If yes, which authority in India is acceptable as a notary? My parents are in India and we plan to do the CP process.

Thanks again for your time and help.
 
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