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Rajiv Ji,
I have pending I-485 (EB2 Priority date Sep 2007 I-140 approved for over a year) and my EAD and AP have expired ( I was on H1B always while working and never used EAD). In 2009 August I left my job to pursue full time MBA from a top US school using H4 visa (my wife has her own H1).
Now I want to do internship in USA. Can I renew and use my EAD for the internship? And more importantly once internship is over how do I go back on H4? The main issue is that my internship and subsequent job would be in finance which is not related to computer programming (my job description for GC processing). I have one year of H1B time left

Thank you very much
 
revoked H1-B....rehired

hi Rajiv,

I was previously on an H1-B at the university of of Iowa hospitals and clinics...and worked in a research labroratory which turned out to be a bad fit...and I was cut loose my h1-b was officially revoked on 24th October 2008...and I am now past the 180 day grace period...so I was technically accruing illegal presence...
however I was rehired by the University in the department of surgery as a research associate to work in an IN UTERO HEMATOPOETIC CELL TRANSPLANT laboratory and a new I-129 petition was filed for me via expedited processing and I just recieved the notice today with notification sent to the consulate in Ghana which is the country of my birth ...
given this ...do I need to see an immigration judge prior to leaving the country to obtain a visa stamp ? since I was past the 180 day grace period ?...and also since I am being rehired by the same institution does that eliminate any hurdles ?...are there any other proceedures I must undertake to eliminate any hurdles ?

thank you for your time in this matter
 
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Reentry permit and Citizenship requirment

Hi Rajiv,

Thanks for your valuable service.
I am planning to apply for reentry permit and I have following questions:
1. Can I apply reentry permit while being outside US (from India)?
2. If I use reentry permit(valid for 2 yrs) and enter US after 1.5 yrs, will it break "continuous residency" requirement while applying for US citizenship?
If 'yes' do I have to start from scratch again (spend another 5 yrs) after returning to US and then apply for citizenship.
3. What is the condition for breaking "continuous residency", is it staying outside US for 6 months or 1 year?
4. Can I file taxes during absent year(s) and preserve "continuous residency"?
Thank you in advance.
 
I130 transfered to NBC before decision

Dear Sir,

ok I applied I130 for my wife 2 1/2 years ago and tody I received a massage from USCIS telling me that:

Current Status: This case has been sent to another office for processing because it has jurisdiction over the case. we transferred this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case.

ad I dont have alot experienc on that, they tolled also that I will receie aswer about the decision. is that omething good or no?
if somebody has lived this situation please Iam expacting some help, and what is the next step after tha? is there any intervieu, document i need to prepare?

thanks very much
 
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H-4 to F-1 Conversion

Dear Mr. Khanna,

I have the following question regarding my wife's status. She is presently on H-4 visa; however, the visa is not yet stamped in her passport. She is planning to take classes at a Community College starting Spring 2010 and will continue to take classes at the same school in Fall and then transfer to a University for a Master's program in 2011.

She will start taking classes in Spring 2010 on H-4 status, but would like to file for COS to F-1 to be eligible for practical training. I confirmed that her tuition classification at the community college won't change even with her being on F-1 and when she transfers to the Master's program, she will be paying out of state regardless of her visa status.

Question: I would like to get some feedback on issues with converting from H-4 to F-1 and when it may be appropriate to change her status to F-1, particularly between the following options:

Option A: apply for F-1 COS during the spring semester and get approval by May. Travel to India in June 2010 and return with an F-1 visa stamp, instead of H-4 visa stamp.

Option B: visit India in June 2010 and return on an H-4 visa stamp. Apply for F-1 COS upon returning from India. Even in this case, she will need to get an F-1 visa stamp next time she travels to India.

I would appreciate your feedback on any issues you may expect with this process and whether we should proceed with it or not.

Thanks in advance...

Regards,
 
Prority Porting EB3 to EB2

Hi Rajiv Sir

My employer filed 2004 EB3 category. Labor and I-140 approved 2007. I applied I-485 2007 Aug. Now I-485 is pending status. Same employer applied EB2 PERM and approved Nov. 2009. Now they filed I-140 under EB2.

1. Once I-140 have approved with Eb2, when can we link to my pending EB3 I-485?


2. In whole porting process if I need (not intended) to use AC21 Benefits, when I am eligible?

Regards
Karthik
 
Hi Rajiv,

Me and My husband got the green cards recently (He is a dependant on my I-485). He also has another I-485 pending as a primary applicant. That case is still pending at USCIS and it did not get cancel. How do we take care of this. I applied I-485 without any lawyer.

Will it be a problem if we leave it as it is?. can we just call USCIS customer service to explain?.

Thanks
 
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H1/h4

Hello,
My fiancée is in India. A company in the US has applied for a new H1 Visa for her on Dec 14th. We are getting married on the 7th of Feb.
(a) If we get the H1 approved before the wedding date, can I still bring her to the US on a h4 (I have a H1) and then do a change of status to H1 after a couple of months. Will it be a problem to stamp a H4 when there is an approved H1 available for the same individual
(b) If we get the H1 approved, and she has it stamped and comes to the US, can we delay the start of employment by a couple of months AFTER she comes to the US.

Regards
SD
 
conditional GC (immigration

Hello Rajiv,

I was told that on the proposed immigration bill for 2010 once it goes thru they would aprrove conditional GC for 3+3 years for all approved EB visa petitions until the number gets current.
 
Apply GC for wife

I have had my permanent residency since Apr 2005. My wife is employed in the USA and is on a H1B visa. I am now planning on applying for naturalization. Once I get my citizenship I would like to apply for her green card.

Three questions:

1. We got married in 2006 as per Indian customs. But we did not register the marriage - so we do not actually have a marriage registration certificate. Is this certificate mandatory for applying for my wife's green card? Or can I get an affidavit from the priest or something like that? The reason I am asking is because we may not be able to go to India in the near future to get the marriage resgistration.

2. In the last 5 years, I had a couple of trips to India which lasted 3-4 months each. Do these stays outside India count against my 5 year eligible date (for applying for US citizenship)?

3. When is the best time window when I can travel to India while the citizenship application is in process?
 
infant child - visa?

Hi Rajiv,

Brief history about me:

1. Entered USA on F1 on Jan 7th, 2001
2. Changed to H1 sometime during Feb 2004
3. Got Married in June'2006
4. First baby born in USA in May 2007
5. Applied Green Card during August 2007, I-485 pending more than 180 days. I-140 approved.
6. Went back to India for good in Nov 2008
7. Second baby was born in India in April 2008
8. Things went bad, I had to come back to USA in July 2009 on Advance Parole
9. Myself and wife have AP till Dec 3rd, 2010 and EAD valid till July 2010
10. Working on EAD with pending AOS
11. Wife and kids are in India

We need to bring our second baby to USA. What are my options?

Thanks,
Shyam.
 
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