Recording available for download for July 14 Conference Call

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monica1

monica1

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


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Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Next Call Date: July 28, 2011
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST

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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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Hi Rajiv,

Thank you very much for holding this forum. My question is around H1 status after resignation. My employer filed for my H1 last April. I got it stamped in India in Dec. I am now planning to move back permanently to India as I am getting married. I am planning to resign around 2 weeks before leaving US. I want to understand the right procedure to exit US such that I do not jeopardize my chances of coming back in future. Also my fiance is on L1 and visited US for a few months after which is back in India. Although I have not considered the option of asking his company if they can do a L2 for me, would you advise me to do so?

Appreciate your help.
Thanks a lot!!!
 
Hi Rajiv,

My question involves the I539 extension of my B1/B2 Visa. I sent my I539 application and supporting docs, which were received by the Vermont Center on June 20th. My current B1/B2 expires Aug. 2, I applied for an extension through November 10, 2011, after my U.S. citizen girlfriend was diagnosed with ovarian cancer, and I am her primary caregiver as she recovers from surgery and now chemotherapy.

My main question is: I know it is unlikely that I'll have an answer on my I539 before my visa expires on August 2. Can I stay in the U.S. after August 2nd until I get an answer, and if my I539 is eventually denied, am I in trouble with USCIS, and have problems on re-entries in the future?

Thanks,
Kevin
 
Hi Rajiv

I have the following educational background with 10+ years of experience. Please advise whether I am eligible for EB2 / EB3, also would like to know on what criteria I can fit into on EB2 whether on exceptional category or regular category. Is Diploma from India is considered for EB2 eligibility, my other concern is Job Title it is different but job specification / role is same what I am doing now.

I am currently on L1B, once I convert to L1A will I be able to apply GC on EB1. Will there be any restrictions on salary, experience and education.

What is the minimum requirement for EB2, EB3 and EB1 salary.


Qualifications from India
3 Years Diploma in Electronic and Communication Engineering - Year 1999
3 Years Bachelor in Computer Application - Year 2004
3 Years Master in Business Administration - Year 2010 (Course Completion on Year 2007)

Professional Certifications
Microsoft Certified Professional (MCP)
Microsoft Certified Systems Engineer (MCSE)
Microsoft Certified IT Profession (MCITP)
Microsoft Certified Technology Specialist (MCTS)
IBM Certified Specialist
IBM Certified Associate System Administrator
IBM Certified System Administrator

Experience
Principal Systems Engineer / Systems Re-Engineering Specialist – Since Year 2005
Executive Network – Year 2002 - 2005
Executive Network – Year 2000 - 2002
Executive Support – Year 1999 - 2000


Thanks,
Robert
 
Hi Rajiv

My question is related to CR1 visa. Due to work I can not join in into the conference call. If possible please provide a response in a form of message.

My wife is a Canadian citizen and she had her interview on June 6th. Her interview went well but since she didn't have her Canadian passport with her, as it was being made, the visa was denied citing the reason 221(g) Canadian Passport. The very next day after interview she sent the passport to the US consulate which was received by them the next day. It will be 5 weeks when the conference call is held. My question is, how long does it normally take for the passport to be returned in a situation like this? The lady at the window did say the visa is approved but we need the passport to stamp the visa on.

Thanks,

Usman
 
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H1B Transfer and Extesion (7th Year)

Currently i have H1B with Company A. 6TH year H1B is expiring on Sept, 2011. 7th year H1 expiring on Aug 2012 ( I140 already Approved through Company A).

Question1: Will i be able to transfer to Company B and get 3 years extension based on approved I-140 thru Company A. Is there a risk of getting transfer and extension getting denied. if yes, then can i still work for company A OR Should i be waiting until Company A applies for 3 years extension and then think about transfering to Company B?
Question2: Once H1B transfered to Company B, Company B will file for labor and I-140 again, Is there a psssibility of porting the EB3 Labor priority date of Company A to EB2 application of Company B?

Question3: My wife is on J1 Visa. At what point of my GC process, my wife's can be added to get her GC as well? Should we require J1 waiver to do so?
 
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Hi,

I am currently in the US on an H-4 VISA that expires in end of July'2011. My extension was filed in March'2011 (Vermont Service Center) but the approval hasn't come yet. I have the receipt number. My Husbands H-1B extension has been approved (it was filed separately).

I now have a company ready to sponsor my H-1B and are ready to wait for me till October'2011 to join them. Could I go ahead with the filing of my H-1B before my H-4 extension gets approved? How can I mitigate/avoid any issues because of the 'Last Action Rule'?

Highly appreciate any information on the above.

Thank you.

- Vasavi Vangala
 
I am eligible to apply for citizenship in october2011. My stay away from USA has been about 765 days involving six trips. the first trip lasted for 182 days. I have never worked in USA and I am sponsored by my son and I am aged 73 years. Will there be any problem I will face during my citizenship interview and if u envisage any, how should I tackle it.Keep up the great service u r doing
 
Hi Rajiv,

I am currently on H1B valid until Feb 2012, however, my 6 years would end by then. Also, I have an I-140 approval with my current employer (PD of Oct 2006 under EB3 category). Given this situation, I have another potential employer willing to file a H1B change of employer. I have only 7 months of h1b time left and I have ONLY the I-140 receipt as proof of approval (as i can get my approval notice only at the time of resignation which would be 4 months from now).

Question: My NEW employer is planning on filing an extension based on receipt number alone as proof of I-140 approval to help secure 3 years of additional time. They are hoping USCIS can pull the record with the receipt number.What do you think are my chances of approval? If you think it is slim, what would you suggest to help improve my chances?

Thanks much and really appreciate your time and service.
 
Hello!
I am a holder of a refuge travel document, but due to family purpose Im staying in Belgium. My travel document expired in august 5. Can I renew it here, in belgium?
 
After I-140 Approved, H1B Transfer ?

Hello Rajiv Ji,

I am working with my Current 'X' Employer on H1B for last 3 years. I recently got H1B extension for next 3 Years based on my I-140 approval. My Priority Date is in Dec 2009. (I have Approval Copy) .
I am looking to change the employer. Future 'Y' employer is ready to do H1B Transfer & Green Card sponsorship. I want to port my Priority Date(PD) to New Perm with Future employer 'Y'.

Is that possible, Can I port the Old PD to New Perm, even though my current employer revoke my current I-140.? (Be prepared for worst, I hope current employer may not revoke....but not sure) Is there any special clause of Revoking, on fraud or Misrepresenting..... We (both Me & Current Employer) submitted genuine docs.
Do we need to have Old I-140 be valid live status while Porting to new Perm/I-140 with Employer 'Y'?

How long and what stage will this Porting of PD done, so that I can leave my current employer safely?
(Is Perm Application Submission is good OR maybe Perm Labor Approval OR maybe Perm Labor Approval + I-140 Premium Process Approval)
Once PD porting done, I want do H1B Transfer. At what stage I will confident, that I have my Old PD with me? Is there any risk involved in porting PD?

Please suggest me .... Thanks for your help....
 
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what is the best way to file?

First off, thank you so much for your help. Just being able to ask someone who knows about this stuff really eases my mind!

I'm a US Born American Citizen. I am currently a volunteer missionary (with a missionary residence visa) in Nicaragua, Central America. Over the past 5 years I have supported myself by going back to the USA for 1 or 2 months out of every year to work & save up money to return to my residence in Nicaragua. In Nov 2009 I married a Nicaraguan man and it is our desire to continue to do the missionary work here in Nicaragua, however now we need to figure out the best way to get permission for him to enter the USA. He was granted a tourist visa for 2 weeks in 2010 (his first entrance to the USA), in the fall 2011 we wish to go again. We can apply for a 10 year tourist visa this time, but that will not give him the ability to work there with me.

Questions: If we apply for residency status using the I-130 form, how long can we legally stay outside of the USA each year? If we returned to the united states once a year for 1 or 2 months, would it be sufficient or will it cause problems where they could take away his residency?

It is not our goal to remain in Nicaragua forever, but if we can find a way to support ourselves we would like to continue here at least a few more years.

If it is not advisable to file the I-130 form, is there any other method of application that you would suggest that would help our situation?

Thank you for your time and assistance.

Michelle
 
I-485 filing with debarred company

Dear Rajiv Sir,

I am the indian citizen working on H1B. I got my EB2 labor and I-140 approved few years back. My priority date is June 2007.

My company has been debarred from filing new petitions, requests for extensions or requests for permanent residency.

Pls Read the message below or the attachment(I am not able to paste URL)
_____________________________________________
Prince George’s County Public Schools agrees to pay $4.2 million in back wages for violations of H-1B temporary foreign worker program

WASHINGTON — The U.S. Department of Labor's Wage and Hour Division has obtained an agreement for Maryland's Prince George's County Public Schools system to pay $4,222,146 in back wages due 1,044 workers to resolve violations of the H-1B temporary foreign worker program. Investigators from the department found that PGCPS illegally reduced the wages of the H-1B workers by requiring them to pay fees that the school system was required to pay.

The H-1B program allows employers to hire foreign professionals in certain specialty occupations to work temporarily in the U.S. Workers hired under the H-1B program must be paid at least the same wage rates and benefits as those paid to U.S. workers doing the same job in the same area, so that the wages of similarly employed U.S. workers are not adversely affected.

"The Labor Department has the responsibility for ensuring that employers who use the H-1B program follow the law and do not place U.S. workers at a disadvantage to H-1B workers," said Secretary of Labor Hilda L. Solis. "We are pleased this investigation has been resolved with workers paid all the back wages to which they are entitled."

Due to the willful nature of some of the violations, PGCPS also has agreed to pay $100,000 in civil money penalties and to be debarred for two years from filing new petitions, requests for extensions or requests for permanent residency for foreign workers under any employment-based visa program. Under the statute governing the H-1B program, willful wage violations are subject to a debarment period of at least two years. Violations are willful when an employer knew or acted in reckless disregard for whether its actions were impermissible.

The H-1B visa program requires that employers pay certain fees, including an anti-fraud fee and a filing fee, when they utilize the program. Instead of paying these fees and other costs associated with recruiting H-1B workers and filing their visa petitions, PGCPS required the foreign workers to pay them. As a result, the workers' earnings were reduced below the amount legally required to be paid. The Wage and Hour Division's investigation covered fees associated with the H-1B application process from May 2005 to January 2011.

The agreement is subject to approval by an administrative law judge.

_____________________________________________________________________

Does "permanent Residency" debarment means prohibited from filing I-485 or does it mean filing new labor application? Can I still file I-485 when I get my priority date in this situation.

Appreciate your help Sir.

RK
 
Staying in India and coming back while GC in-process & new GC Labor petition

Hi Rajiv,

Thanks for all your service. I apologize for the long post but would like to provide much detail I can.

I have few questions regarding my situation. I am planning on going to India and staying there for 6 months to year but would like to maintain my status in US. Currently I am employed with H1B - 11 years on H1B – renewed H1B expiring in Oct 2012 (Visa not stamped yet). GC – EB3 – PD Sep 2004 – has EAD valid till June 2013 and AP valid till May 2012 (but I am on H1B)

Given that I would not have any US pay stubs etc., while I am in India, I would like to know the best and safe approach for me to stay in India.

1. Can I go for H1B stamping in India, stay and come back on H1B after 6 to 12 months. Any risk at port of entry?
2. Can I comeback on AP? At port of entry do they ask for pay stubs? Do I have to have in job or in US payroll while coming back on AP? Any other supporting documents?
3. Can I file a new GC in EB2 and wait for 6 months or so to get it approved then go to India after applying for Re-entry permit?
4. I also getting finger printing notice every 15 months and the next one is due around March 2012. Is there any way I can postpone this for 3 to 6 months while I am in India?

If I were to file a GC in EB2,

I have Bachelors with 14years exp. 7 years before joining my employer in 2004 (4 and half in US and 2 and half in India). A vendor with whom I am working through is interested in filing my GC in EB2 with understanding that I would join him after getting my GC. What is the feasible and safe option on filing GC in EB2 in my case?

1. Ask my employer to file GC in EB2 (Before joining him I had only 4.5 years in US and 2.5 in India).
2. Do H1B transfer to vendor and file GC.
3. File GC without H1B transfer.
4. File a new H1B to the vendor (is this feasible) and then file a GC.
5. Also does filing state make any difference in PERM fee or anything. My employer and vendor are in diffferent state with-in tri-state area.

Please advise.

Thanks in advance.

Regards,
Muthu
 
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Hi Rajiv,

I already have an approved I-140 and a pending I-485 from 2008 in EB3 category through a company where I no longer work. Since my qualifications and work experience qualifies me for EB2, I am now filing a new petition through a new future employer in EB2. My questions are:

1. Assuming the labor certification is cleared and the new employer files I-140 and ports the Priority Date of the old I-140 application, and the I-140 is also approved, will the new employer have to file a new I-1485 or will I receive the green card based on the pending I-485 from 2008?
2. If a new I-485 needs to be filed, I am assuming USCIS may ask for my previous 2 years W2s and recent paystubs. Now, I was not working in 2009 so don't have a W2 for 2009 and in 2010 worked on 1099. Can this create any problems if a new I-485 needs to be filed? Will 1099 be acceptable to USCIS?

Thanks,
PK
 
Hi Rajiv,

My question is related to the way my salary is being payed and last W2. Hope I am in the right path.
I recently (Sep 2010) transferred by H1B Visa to a new employer. He pays my salary in this way :

1. Monthly salary as per LCA
2. OverTime + extra amount as Bonus

I have been having a really bad vibe regarding my remaining salary being payed as bonus. Reasons being:
1. He does not reflect that amount on my W2 or 1099
2. Whenever I ask him that I do not have any records to report this, he says he already payed taxes (24%) for this amount and that I do not need to pay any additional taxes on top of it. He says this is company's profits and we are paying taxes on it.

When I ask him to give me my salary as a regular amount on paystub, he says that as a salary based employee, I am supposed to receive a unified amount of Pay every month, so considering holidays, overtime payments etc., he cannot pay irregular amounts as my monthly salary and that he would pay this amount as bonus.

But why is he not reflecting bonus on my W2? When asked, he says, we are depositing this amount from the company and we are doing everything legally, so if anyone asks what this additional amount is for, they will be asking us. Not you. (I am sure I will be asked about my income first before even asking him).

Is he really doing everything legally? He is a nice guy but I do not want things to go in a wrong way for me. I am so confused and scared, as whenever I ask him these questions he keeps saying "I am not sure why only you have a problem with this when none of our employees do. We have everything in our records. You don't need to worry".

They neither send a written confirmation of the deposits being made and whether I need to pay taxes for it, and why it is not getting reflected on my pay records.


I tried to contact a couple of employees under him, they mentioned they had this concern as well, but since there is nothing they can do after asking the employer once, they left it at that.

Kindly request you to guide me in the right direction...

Thanks,
Divya
 
Hi Rajiv,
Initially my wife went for her h1 visa stamping at Hyderabad in march. she used to work with the client A through a vendor, since her client A didn't provide a client letter , she took another client letter B from her employer with which her employer has direct contract even though she is not working there. Later embassy people denied her visa saying that as she is not working at client B that would be a fake letter.The denial reason stated is "Misrepresentation" with 212(a) clause and then after we applied for H4 visa stamping, in the embassy she was informed that she have a block/ban on her case and need to submit waiver explanation of situation docs. I work here and my son is US citizen,as he was born here.

now my question is
1. How do we find out how long the block/ban is applied against her case?
2. What is the possible success rate about her waiver processing, how much timeline does it take (to prepare waiver documents & processing of waiver at USCIS)
3.What kind of support does she need from her employer (XYZ) while preparing the waiver document and also during processing of same document.
4. what are the consequences for her / her employer with waiver submission?
 
Hi Rajiv, I posted the following questions and got your positive answer in last conference call. As you said; I emailed **** to take legal consultation and start the process and yet to hear back from you. Can you please brief me the process and documents required so that I can start preparing in the mean time?

I’m in I-485 pending (EB3) and my priority date is current for EB2 so I am planning of re-filing my case in EB2. My current employer denied to re-file my case in EB2. I have found a would be employer (small consulting firm) who is willing to file GC for me in EB2. I will start to work for them after I get the GC.
 
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I-131 Reentry Permit Confusion

Hi Rajiv,

Thanks for all your help. I was searching on this topic on the net, but couldn't find any concrete answers.

My GC was approved in June of 2010 and I am planning on traveling outside the US with various trips between 5-7 months over the next 2 years. I know I have to apply for an I-131 reentry permit

1) Is a reentry permit valid for single entry or can it be used multiple times until the expiration date?

2) If a trip is less than 6 months, I am planning to use my GC to enter and if it goes over 6 months I will be using the reentry permit. Is this allowed? Or should I be using the reentry permit all the time regardless of trip duration?

3) How does this affect the wait time for naturalization? I know if the trip is less than 6 months and I use my GC to enter then everything is fine. However, if the trip is over 6 months and if I use the reentry permit, does the naturalization wait time reset? Also, what about trips less than 6 months where I use the reentry permit – does the wait time reset in this scenario as well? If yes, is it reset back to 4 years and 9 months or a different time?

Appreciate the help,
Drew
 
Dear Rajiv,
I have spoken to you before but missed few things to ask. My wife on H1b visa with no pay checks from day 1 (nov 2009) - till date - due to lack of projects. Since by law the employer is supposed to pay even during the bench time - I was adviced to file WH4 and then using the filenumber/recipt we can apply for COS h1b to h4.

Question 1 : Since she is almost 19months without paychecks, will Wage&Dept using WH4 take up my complaint ? - because I see in some forums that people do mention that if it older than 1 year then it is too late for wage&Dept to handle the case. Is it true in my case ?

Question 2 : If my wife gets a full time job in USA after submitting WH4 but without Receipt number yet , is possible for her to join the new employer ?

Question 3 : Is she in 'out of status' or 'unlawful' now ?
 
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