RECORDING available for download for July 16 Conference Call

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monica1

monica1

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

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Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: To be Announced
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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Hi Rajeev,

Once again thanks.

I am an Indian graduate having Bachelor of Science degree with 11 + 4 years of education as against 12 + 4 years of education here in USA. That is why my Bachelor's degree is not considered equivalent to the Bachelor degree here. But I have 20 years of proven experience in IT. Can I qualify for EB-2 in this situation ? Currently, I am on EB-3 and I understand that to qualify for EB-2, a Bachelor's degree + 5 years of experience is required.

Thanks a lot, always.
- Ajay Patel
 
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Hi Rajiv:


1) I had heard you mention in one of your recent conference calls that one should always apply for the GC as early as possible even if you are uncertain of staying with the same company as you can always use that priority date incase you have to switch to another employer. Is this true only in cases when you have joined another company in a similar postion with similar duties? I know that if the job title/description is very different then the whole process needs to started again with the new company and a new PERM has to be applied for. Can the old priority date still be used even though a new application may have been started with a new employer?


2) My wife's company lawyers (Fragomen) initiated her GC process in mid-december and so far (7 months later) it has only reached the stage where they send the request to the state workforce agency for the prevailing wage.
Is this time-line normal? They still have to do the job posting/advertisement, etc before they apply for the PERM. As per them this much time for preparation is normal but I doubt it.

3) Her 6 years on the H1B expire on Dec 31st 2010. Does she have enough time and how far does one have to be in the GC process to be eligible for the H1B extension after the 6 years expire?

Thanks.
 
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Reg: I-485/H1 and H4.

Hi Rajiv Ji,
I am very glad and thankful to you for answering my question # 9 in last session, In spite of having some technical problem with Voice Bridge you took care all questions it’s really appreciable. With the same humble expectation I am posting my Issue here for your valuable suggestion. (In continuation to my question # 9 in the last session)

I received Letter from USCIS related to my I-485 with following content: Title: Service Motion To Reopen
This letter refers to your Application to Register Permanent Resident or Adjust Status, Form I-485, you filed with this center for lawful permanent residence pursuant to section 245 of the Immigration and Nationality Act. The record shows that the reference I-485 was denied June 3, 2008, as the underlying I-140 petition had been denied on April 3, 2008. A timely motion to reopen and reconsider the petition was filed on May 1, 2008 and dismissed by the service on Jan 13, 2009. A second I-140 was filed July 29, 2008 and approved on Jan 22, 2009.
Title 8, Code of Federal Regulations, Part 103.5(a) (5) states:
Motion by Service Officer --- (I) Service motion with decision favorable to the affected party, When a service Officer on his or her own motion, reopens a Service proceeding or reconsiders a service decision in order to make a new decision favorable to the affected party, the Service shall combine the motion and the favorable to decision in one action.
Accordingly, the I-485 denial decision of June 13, 2008 is hereby withdrawn in light of the motion that was pending at the time of application’s denial and ultimate approval of second I-140 petition. The I-485 will be processed normally. (I also got approved EAD on 06/06/09).

My Questions:
1. My I-485 is showing reopened status. But where as my wife and children’s I-485 is showing denied status. Is there any process to ask USCIS to bind my dependant’s I-485 to match my I-485 status?
2. At this point do I have chance of using AC21 to join other company C.? (As the second approved I-140 is filed by Company B -approved in Jan22, 2009. Whereas I-485’s are filed by Company A in Aug 2007).

This is H1/H4 question:
1. H1/H4 extension applied before expiry of present H1, But denied and did Appeal , which is pending. Per your advice applied one more H1/H4 in premium process before my present H1 expiry (07/13/09) , it got RFE for client letter. Client is not giving letter due their company policy, I have got 33 days to answer. Client is showing interest to apply my H1, But as of today my present H1 is expiring today 07/13/09. Is it legal to apply H1/H4 now with client, If I do , Is USCIS is going consider. Please advise.

Thanks a Lot Again,
Sai
 
N400 Application and State Taxes.

Hello Rajiv,

We all appreciate you taking time out to help the community. I wanted to ask you a question about Filing the N400 for Naturalization.

I have a problem where the IRS sent me a notice that I owe taxes for 2006. I checked with my CPA and he confirmed that it we have not made any errors in filing the 2006 taxes and that the IRS is wrong. I have mailed IRS the necessary documentation and my reply last week.

Should I wait for the IRS to complete the process of checking and confirming that I do not owe taxes or Should I file my N400 now with a letter stating that IRS and I are still exhanging letters to resolve this issue?

Any help you may provide will be greatly appreciated.

Thanks,
Akash
 
I-140 Denied Labor Substitution

Hello Rajiv, Thanks for hosting the community conference calls. Below is my situation:

My filed my I-140 with labor substitution PD 2003 with Company B. Labor substituted was from company A. Company B overtook company A with all the properties in 2004. Company A does not exist and Company B filed for I-140 with Company A labor subtitution. I also filed my I-485, EAD, AP. I am maintaining my H1 status till date.

RFE was issuied saying that Company A cannot pay salary to the employee as it not longer exist and needed proof. RFE was submitted with documents and my I-140 was denied and lawyer has filed an I-290B Appeal saying that Company A was bought by Company B and they have all the rights. Company B is financially strong. Similarly, many I-140 has been approved by TSC with the same case as of mine without any RFE with Company A labor substitutions. So the lawyer is saying there are high chances of approval but he cannot guarantee.

Based on the above sayings, I have this question, can you please give me guidance whether my I-140 will be approved or denied based on your experience as you would have seen this type of questions? My I-485 is still pending but I am getting daily soft updates in the USCIS website for both I-485 and I-290B status. Also, Can I use Advance Parole to travel as my I-485 is still pending but it has been sent to AAO for review?

Also, I have a questions, if I file a PERM labor with another company and file new I-140 with them, can I still link my I-485 once the I-140 is approved. How long with this process take?

Please give your valuable suggestions.

Thanks.
 
Some Questions.

Hello Rajiv Sir,

I have EAD..but currently maintaining my H1B status.
GC Case overview: EB3 category, PD: October 2003. I-140 approved in Feb09. I-485 pending since August 2007. Received RFE on 485 (on employment history since last lawful entry to US) and was replied by the lawyer.

I have some questions please:
1) The fact that I received RFE on my pending 485 means that the USCIS is reviewing my application and I can expect approval as soon as the dates are current? Can USCIS raise more RFE's?

2) My son who is my dependent and also has his 485 application pending, was born in Europe. Is it possible that his 485 application gets processed/approved prior to mine? (as visa bulletin dates go by country of birth)

3) Validity of my current H1 expires in August 2010 (still have 2 more years). Is getting H1 extensions equally difficult these days as compared to new H1's? Do we need ultimate client's contract even for H1 extension? What should be the validity of such contracts...(as it is very difficult to get such letters from clients..specially more than 3 months). Please advise.

4) What is the Congressman's role and how can they help us with any problems we are facing during immigration process? How to find them?

Thanks,
Raj
 
N400 Application - Reckless Driving Ticket+$600 Fine.

Hello Rajiv,
Thanks for your time.
I am ready to file N400. I got a Reckless driving ticket in 2000(in VA). Went to court Pleaded guilty, PAID $600.00 fine. License suspended for 90 days then Judge approved restricted license(home - work). How bad is this for Citizenship process? What documentation should I provide? Along with N400 OR at the time of Interview? How should I present my application.
Your help/suggestion/direction is greatly appreciated.
Thanks in advance.
-Mohan
 
My brother is a GC holder in the US and is married. Now his wife is currently in India. My brother is due for his citizenship next year. When he applies for citizenship, should he apply as married? Also his wife visited me and her husband after their marriage as "unmarried" stayed for 5 months and returned to India. She again recently applied for student's visa, but was denied the same in Bombay. Will that be a problem when he applies for citizenship? Can she get her GC after he is approved citizenship? Thanx,
 
AC21 and Green Card Questions

Hello Rajiv,

Thanks for your service.

Here is my scenario:

I-140 applied in July 2007 with Labor substitute and APPROVED in SEP 2008.
EAD Approved
AP Approved
I-485 Pending from July 2007. Priority Date Oct 2003 EB3.

I wanted to get some information on AC21 and Green Card process. Here are my questions:

1. I wanted to use AC21 as my I-140 is approved and have EAD. How do I file paper work for AC21 and what conditions has to be satisfied? Can your Law Firm (Rajiv S Khanna's) help me with the Paper work?

2. What are chances of getting AC21 approval? Will there be any RFEs?

3. Will there be any issues going foward till I get my GC as I feel the EB3 priority date of Octo 2003 will take some time to come?

4. Is there any other process to get the GC faster like filing new I-140 EB2 and prority the dates? I am hearing that filing new Perm and new I-140 takes about 8 to 1 years, by that time will the PD be Oct 2003 for EB3 or is it worth investing time and money to get new I-140 EB2 and port the dates?

Please reply. Thank you so much.
 
Hi Rajiv,

I am currently working in US on L1B and my visa will expire in Feb 2010. My current company will file for the extension on L1B. At the same time, since H1 quota is still open so I am working with another employer to file H1B. My intention is to begin working on H1B starting April 2010.
1) If my H1 petition gets approved, what will happen to my L1 visa? Will there be any impact on L1B extension with my H1 visa processing at the same time.
2) Will I be on H1 status starting 1st Oct '09? What will I have to do if I want to maintain my L1B status till Jan 2010?
3) Will there be any issues if I work with my current employer till my visa expires in Feb 2010, go back to India and return back on H1 in April.


Please advise. Thank you very much.
 
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Hello Rajiv,
I applied for change of status from H4 to H-1B through a consultant this year. Presently my husband and i are separated and in the process of filing for divorce. so if i start my divorce process now, will it cause any problem in getting H-1B approval? If I receive my H-1B approval, will my status change immediately to H-1B or have to wait till Oct 1st?

Thank You,
-Swathi
 
Thanks in Advance for the response and greate community service.

* I am an EB3 applicant with I-485 pending and priorty date of April 2002 and working in U.S. If I leave U.S and go to Canada as my permanenet residency will expire there if I dont start living there within next one year, Will my U.S Green Card continue if my employer promises to keep my employment open and secure my job as a future employee. I have worked with this employer from 12-2000 to 05-2003 and then from 05/2006 till today and this is the employer who had filed for my LCA, I-140 and I-485.
* What are the options I have to keep my green card process alive and active?
* Is consular processing is an another option? If Yes, Will 'India' be considered as my home country or Canada whose residency I obtained in 2007?
 
Deportation proceeding

Last November, one of my friends was inspected at an airport before going through the security check point on a domestic flight. Her H1b was expired in 1999. She was detained and released on bond. She has been residing in the US for the past 19 years continuously (<6month travel at one time). In 1998 before her H1b expired she had gone back to her home country to get a visitor visa, for which she was denied. At that time she had a valid H1-B notice of approval and so she used that document to return back to the US via Canada. She was not aware that an H1b Stamp was required on her passport. Well, at the US border she was inspected and allowed back into the US. No passport stamps were made for that particular entry. The officer was presented with the Notice of Approval and after a brief Q & A was allowed back into the US. Her current circumstance is that she has a pending asylum application and one of her near relatives will be a USC within the next year. One of the charges against her is entry into the US without inspection. They do have records of her being at the US Embassy and her visit visa being rejected. My understanding of the law is that she cannot be sponsored for permanent residency until this charge is dropped or resolved appropriately. I realize this is an interesting case, primarily because post 911 “waiving through” does not occur at the US border anymore. I would appreciate if you can shed light into her options of fighting this charge. . Are there any case studies or situations that are similar that have gone through the court system. Any guidance would be much appreciated. Here are some reliefs that she meets
- She does qualify for 245(i) – she had applied for labor certification but it was denied in 1997
- She may qualify for cancelation of removal – but she may not qualify for the “burden” that may be imposed on the PR/USC relative
- She will have a USC relative to sponser her within a year – but the charge needs to be dropped.
Thank you very much for your time. We really appreciate your site and the valuable resource it provides to the immigration community.
 
Can you pl. comment on this Nufield Memo-Are you deportable even if in valid AOS/I-485 pending?

Dear Rajiv,

Thanks a for your community service call. If you could clarify the above memo it would be great help for lot of folks like me in this position.

Thanks,
rharan
 
H1 to H4 Stamping

Hello Rajiv,

Here is My situation:
I came to USA on H-4 Visa in April 2006 . I had H-4 visa stamp till Oct' 2008. In Sept 2006 i converted my visa to F-1 as I started my Masters. I worked on CPT from Jan'08 to sep'08. I applied for H-1B visa in April 2008 through some IT consultanting firm and approved for H1. From Oct 2008 I was with my consultanting firm and due to bad market he is unable to put me on project and do not have any paychecks from Oct 08 onwards. I completed my masters in Dec08. Now I want to visit india.

What is better option for changing status to H4 in USA and then visit india or Directly go to india and go for H-4 stamping to the consulate. My husband also have to stamp for H-1 as he finished his 3 years on H-1B.

I really need your advise on this, Is it a good time to visit india. Will there be any problem for me or my husband while going for stamping or entering to US. What if they will ask me about my H1 and paychecks or any documents. Will there be any difficulties to changes it back to H-1 in future?

Thanks a lot for your help.
 
Hi Rajiv,
My friend got her citizenship recently. Her son (22years) is in India and will be in US on F1 after 3 or 4 months. She wants to apply Greencard for him once he is here. Please let me know the process, Rajiv and I heard that if citizens apply Greencard for their children or spouse, the process is very fast. Please clarify, Rajiv and approximately how much time does it take for his Greencard.

Thanks for the immense help.
 
Hi,
I am currently on H1 for Company A who sponsored my AOS and i have EAD too from this.
1) How risky is it to move to a company B on EAD?
2) Once my H1 of Company A expires, after few months of expiry can i transfer it to any other company in future, as there will be a gap?

Thanks as always
 
H4 Dependent traveling while H1 transfer application has RFE pending

Hi Rajiv,

I tranferred my H1 B from Employer A to B in March 2009 and received an RFE. The RFE is targetted to My current company B and they have already responded, but the case is still pending. However, my old H1 B visa with my previous employer is valid till Sep 10 and he has agreed not to cancel until the transfer is approved. My wife's passport is also stamped with old visa and is valid till Sep 10. My wife is in india since February. She went to India before the transfer. She has her old H4B visa valid till Sep 10. Now she wants to come back. Can she enter US when my H1 B is still pending under RFE?

1) while coming, at the port of entry, if she is asked her husband's (My current emp) current employer then what she has to answer?

2) what are the documents required at the port of entry while coming?

3) Can the immigration officer deny entry at the POE because my visa transfer is still pending with RFE? If so what are her rights? Can she get a temporary I 94 for the period until a decision is made on my H1 transfer?

Thanks,
Binoj
 
Can my present employer file another green card process(Eb2) for me, keeping the previous EB3 process active? Can I use the priority date of Eb3 during EB2 filing. This employer filed my green card through EB3 in 2002 which is in I-485 pending stage.

I started my masters in computers (three years distance education) while I was in India in 1998 and continued it, however the transcript or the degree does not state the starting year. My degree completion date is December,2004 and Degree Award Date is March,2005. I switched my employer in May 2003 but rejoined back the previous employer in May,2006 as he continued my original LCA (RIR) and offered me a good package.
So will this Masters that I completed partially during his employment can be used to file EB2?
Thanks a lot for your response.
 
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