Recording available for download for July 22 Conference Call

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monica1

monica1

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Recording is now available for July 22 Conference Call. 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: AUG 5, 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.
 
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Dear Mr. Khanna: I'm in my 7th year of H1B. My I-140 is approved with my Ex-employer. Unfortunately, I had to leave that job and joined another company last year. If my ex-employer is maintaining my I-140 (means not revoking) - in that case can he file my I-485 without joining him (subjected to priority date become current etc.). Do I need to join him back before filing I-485?

Thank you very much in advance.
atul
 
Non-CapExempt H1B-CapExempt H1B - Non-CapExempt

Hello Mr. Khanna,

I currently hold H1b visa (non-cap-exempt quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (cap-exempt, this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (non-cap-exempt). How difficult is to transfer from cap-exempt h1 to non-cap-exempt h1 later?

I read online that if i plan to move from a cap-exempt h1 to non-cap-exempt h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.

I'd really appreciate any advise...

Thanks
Raj
 
EAD Expiring soon - Options plz ?

My EAD is expiring soon. I am yet to receive the renewal card. However, with date expiring soon, can I expedite based on employment continuity ?

If so, please let us know the process.

Thanks
SK
 
Dear Mr. Khanna,

Your advice regarding the following matter is highly appreciated.

My sister entered the U.S. on F-1 in January 2006. She is a good student who has won some awards for academic excellence. No unauthorized employment issues. In January 2010 she dropped a course and thereby fell below required twelve credit hours. She did that on the advice of a friend and without knowing the harsh consequences. After finding out that she was out of status she left the country on 30th of May 2010 with a new I-20. She intends to come back to the U.S in August 2010. She applied for a new visa from the consulate in her home country even though her current visa is valid till Dec 2010 because according to the law when she fell out of status her current visa gets invalidated automatically.

The consular officer suspects that she dropped a course because she was working while studying. My sister repeatedly denied that allegation because she has never worked without USCIS authorization. Finally, the consular officer has told her that she does not need a new visa to enter the U.S because her current visa is still valid and she is not going to invalidate her current visa. Also, the officer has told her that she can apply for a new visa after her current visa is expired in December 2010. Can my sister enter the U.S without a new visa under these circumstances? Would she face any problems at the port of entry?

She hopes to graduate in May 2011 and apply for OPT soon after that.


Your valuable advice regarding this is greatly appreciated.
 
Mr. Khanna

my question concerns the type of work that qualifies under the post completion OPT guidelines. Specifically, I am going to be working for a few weeks as an unpaid intern in a start up. The start up does not have any prior experience with interns. It was founded recently, and they and I were not quite sure wether the unpaid work for a start up will be allowed by USCIS. Is there any paper work to be filed on my behalf by the company or do i maintain the details of my own work as an intern at the company?

Regards
Ravi
 
I am currently on H1B Visa(I-140 approved) working in USA.

1. My uncle(in USA) can gift 500K to invest in USA for the purpose of getting GC thru EB5. Can that be consiered as MY investment?

1a. If someone from India wants to loan money to me and can i invest that into Regional Pilot program here to obtain GC thru investment?

1b. Does my uncle in India and here needs to provide tax returns?

2. Once I-526 filled (EB5 category) till it gets approved and followed by I-485 approved, does I or my spouse authorized to work anywhere in US?


Appreciate your response this,

Thanks
 
time left on my H1B

Dear Sir,
I was in USA from Dec 2005 to Jan 2007 on H1B than i went back and came again in August 2007 on L1, later in Sept 2008 ,I moved to h1B again and still on H1.

Now my question is to calculate my six years , Do UScis will add L1 period in six years of H1 or L1 perios will be treated separately.

Thanks,
Aman
 
Marriage Certificate

Quick Synopsis:
  • I am a US Citizen
  • I have married my wife, an Indian National living in New Delhi India.
  • I am sponsoring my wife to the USA on a CR-1 visa (I-130 Petition).
  • I am waiting for Dept Homeland Security to issue approval of my original I-130 Petition.
  • The intent is to sponsor my wife under her married name, not her maiden name.
  • We have registered our marriage under the "Hindu Marriage Act of 1955" in New Delhi.

Situation:
  • On the Marriage Certificate, the name that appears for my wife is her married surname. Her maiden name does not appear on the Marriage Certificate. Her father's full name appears on the Marriage Certificate

Questions:
  • Should my wife's Marriage Certificate have displayed her maiden name or her married name? Or does it not matter since the Marriage Certificate is supposed to be a document that provides opportunity for one to change their name?
  • Will there be any questions asked regarding the surname on the Marriage Certificate - what might the nature of those questions be?
  • Will this situation have some impact on the visa petition itself - even though the visa is a Marriage Based Visa (CR1)?
 
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K1 Visa

Hi Rajiv,
I am about to file for my US citizen (Naturalization) this month. Do i need to say yes to the crime question (part 10) if I have been cited for traffic infractions (tickets) with fines less than $300?

secondly, I want to get my fiancee from Africa here and marry her by December which I would have been a citizen. Should I start filing form 129f immediately while I am permanent resident and waiting for my citizenship or I should wait until when I become citizen? I am GC holder.

Thank you.

DanAudacity
 
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Re-entry Permit Questions

Dear Mr Khanna

I am trying to find out some answers wrt filing for Re-entry permits (I-131) for my
Parents, who are LPR.

1. Whats the expected time for issual of a re-entry permit after filing currently, Jly 2010?
2. If they file and get a 2-year permit, how will it affect their application towards citizenship? They have spent 14mos in their GC, will that be lost? and clock reset after 2-years on re-entry permit when
they get back?
3. If for whatever reason, the If the re-entry permit issued remains unused (meaning they keep coming back or staying in for 6mos or more each year), does it affect any future proceedings towards Citizenship?

Thank you,
-Murali Venkat
 
Hi
I have my citizenship Interview next month and was wondering if you could shed some light on the typical questions that an IO is most likely to ask wrt a valid N 470( apart from the general N 400 questions) also I was sent abroad on a 2 yr assignment but like all projects it is delayed what can I do to convince the IO that I will be back to US,my work will not be able to provide a documentation on new deadline.
Thanks
 
Hi,

Worked for company A for 7 years – PD June 2, 2003 EB3/I.
Got job offer from company B. Applied for GC based on future job in EB2. Ported EB3 to EB2. I-485 got approved 2 weeks ago. Joined company B starting this week.

Exactly how long does someone have to work for the sponsoring employer (company B) once the GC has been approved to avoid any problems during naturalization?

Thanks
 
My EAD is expiring on Aug 4th. Applied for renewal but not received yet. What are my options now?? Do I have to stop working from Aug 5th or Take unpaid vacation until I get my renewed EAD card?? Pls suggest.
 
hi, I have a question? I am married with American citizen. Last year January 2009. I had 2 charge of "theft 50" a class B misdemeanor. 2003 and 2005. Non of the charge took me to jail but I save 9months of community service and participation in anti-theft' rehabilitative program. I receive notice of denial of application for permanent resident this month 2010. They also send him NOTICE OF APPROVAL OF RELATIVE IMMIGRANT VISA PETITION. Which state Visa Petition you filed has been approved. The beneficiary for whom you filed has been given the appropriate classification. Whether the beneficiary gets a visa is decided only when an application is made to consular officer; wether the beneficiary is admitted or adjusts status in the US is decided only when an application is made to an immigration officer.
My husband is Dr. He send them hardship letter and waver I-601 and motion to reopen 1-290. Does any one know if this is going to help anything? And if they reject what can i do?
THX
 
Hi Rajiv,

I'm in my 5th year H1. Unfortunately my GC process is no ware stand. I had my labor filed through one consulting firm as future employee in August 2008, but In Feb 2009 , it's got an audit and, it is still pending. I have been working with my current employer since April 2009. They had filed my PERM labor in June'09, but its also got an audit. My 6th year going to get expired in Oct end 2011. I do not know how its going to be my future in US. Just wanted to know is there any chance of approving my labors? Do you suggest to file an another labor? Is there any way that we can get the filed labors approved? Can we also file labor in 6th year? Thank you so much for your suggestion.
Thanks & Regards
Praveen
 
Hi Rajiv,

I started working for my company in sep'07 in OPT(pre degree completion) while going to school for MS. I finished MS in Dec'07. The position requires MS degree. At that time they hired me only because they knew that I would finish the MS degree in 3 months. Currently I am working with H1B. In H1B application, the company stated that my position requires MS degree.
Now the company wants to file for GC in EB2 category. Company lawyer says since at the time I started working (Sept 07), I did not have MS degree, so I can not apply for EB2. He says I have to apply as EB3 category. Is he correct?
If needed, my employer would like to write a statement that says even though I did not have MS degree but I was required to finish the MS degree in 6 months, as the position requires MS degree. My employer will write that I was hired as probation for 6 months and I got hired permanently only after finishing my MS degree. So, do you think I can apply in EB2 category ? Also, if needed they will change the job description or do anything so we can apply for EB2. Is there anything that they can do so we can apply for EB2? Would you suggest anything please?
Thanks a lot for your time and expert advise. It is very much appreciated.
 
Hi Rajeev
I have question on my pending 485 . As per July VB and Aug VB my is PD current , Last week USCIS issue a RFE on my case, I have changed my attorney about four weeks ago by sending G-28 forms. But did not get updated on my file yet mean time USCIS issue a RFE and i hope it went to old attorney . As i did not get a copy of RFE yet .
How to handle this situation ?
Question

1. Does USCIS send a copy of RFE to me also ? or just go to attorney ? How long we have to wait to get the RFE ?
2. How many days we have to reply RFE as we have not got the RFE yet and we are loosing the days now.
3. Can we get a Duplicate copy of RFE from USCIS ? if yes how ?
4. Usulay how long take to update attorney on file after sending the G-28 forms ?
5. Can we take infopass appointemnt and talk to Immigration officer ?

Please suggest and help me out .
 
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should I wait or file for citizenship?

Dear Mr. Khanna

I walk by your office on Wilson Blvd while going to Safeway grocery store, and I always wanted
to knock at the door however I postponed it until now. Now I am knocking at your door
electronically.

Brief hostory
Green card approved Dec 2004 (employment based; professor in university)
went on sabbatical leave overseas Sept 2006; returned Aug 2007 for a brief visit (11 months absence from USA)
got extension in leave and went again overseas (10 months absence); returned July 2008
maintained own home in USA; family was with me abroad;
Should I apply for citizenship or wait? How long should I wait? It has been 24 months since I
returned from abroad. Did I break my continuity of residence?
Thanks
 
Hello Rajiv
Thanks for your valuable service
I have an approved I-140 with a PD of Apr 2006. The original PERM was for a software engineer. I have moved onto a finance role and my company has indicated that they will not file my I-485 if my date becomes current. my current H1-B expires in March 2011 and I am not sure if I will get an extension (given that the current date is very close to my PD).
I plan to go outside the country with the same company or different one for a year and return back either on L1-A or H1-B since the clock will be reset. Here are my questions

1. Can I port my PD (based on the approved I-140) to a new PERM application once I return? How long is my PD valid for? Is there a time limit assigned to a PD?

2. If I come back into the country with a different company and apply for a new PERM application that is not related to engineering, can I still use my old PD?

3. Can I be on US payroll (if I get an extension to my current H1) while being outside the country? Will being on US payroll lead to any problem if I come back on a L1

4. If my date does become current within the next 2 months and I move into a software engineer role and apply for my I-485, how long do I need to be in that role before I can move to a different role?

Appreciate your responses and help.

Regards
vsreeniv
 
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