Recording available for DOWNLOAD for July 28 Conference Call

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monica1

monica1

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Recording available for download for July 28 Call, 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: Aug 11, 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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Question Regarding Experiance Letter

Hello Rajiv,

My question is regarding experience certificate for PERM process. Here is my wife's case.

My wife was employed with consultant “A” since end of Dec 2009. She got assigned to project with company “C” starting March -10. There was company “B” in between her employer “A” and client “C”. My wife continued with client “C” without any break till April-11. Since April-11 she was offered full time position by client company “C” itself and she accepted it. They are ready to process her PERM. But her previous employer “A” is denying the experience letter and threatening us saying transfer was done ill-legally without his consent and that he can take legal action against company. My wife’s employment was at-will and there was no contract between us anytime. Also when checked with manager of her current employer “C”, they too never had any such contract with (intermediate) company “B”. I guess we have not done anything wrong here, did we?

With this background what are our options to submit experience letter? Can she ask her current employer where she worked as consultant previously for over year to write experience letter? She still reports to same manager. If yes, does it have to be in specific format? Can it be on client (current employer) letter head or needs notary? How much impact it will have on her PERM case?

Thank you in advance and looking forward to your advice.

Best Regards.
 
Hello Rajiv,
I have 4 questions...

1) 'I have 8.5 months left on my H1 max out.My company is initiating Green Card now...suppose my Labor does not clear by MAX OUT Date...then what are my options..do I have to absolutely go back or an extension on H1 is possible..'
2) I am a Chemical Engineer who worked in IT right from start and have 10 years of IT experience now and am working as as Project Manager...Can my Green Card be filed under EB2 category..
3) My employer is saying advertisment has to be placed for 60 days..so that process will take 3-4 months and then LABOR will take another 6-9 months..is this timeline correct..
4) What are typical expenses of various stages of Green Card as my employer will only bear PERM stage expenses...so how much would I have to bear..
 
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WH4 filed through FEDEX

This is a follow up question w.r.t to previous Conference call.
(Note : h1b with no pay checks since 16 months and want to change to H4 )

As per your suggestion , We have filed the WH4 through FEDEX (Signature & Tracking number) and they received it recently.

I would like to have your suggestion ,like should my wife file for a COS (h1 to h4) using the FEDEX recipt (or) Wait till she gets the CASE/File Number from the DOL ?

FYI, We do have an email received from DOL officer forwarding the WH4 scanned copy to his fellow officer.

We would like to do the COS through your office , so that we can be confident that things will be taken care properly w.r.t to documenting the WH4 & other reasons to support my case. If your office handles such cases ? - Whom should I contact ?


Thanks
 
I have couple of questions regarding MTR:

My husband applied for I140 in the EB1 category and it got denied. We applied for MTR on April 22nd and received the receipt number only recently through the lawyer. My husband is on H1. I am currently on H4 (I went to Canada and got the stamping when the I140 got denied) but I also have my EAD through the I485. The I485 linked to the I140 is still under review.

1. Can I work using my EAD?
2. What should I do if we get a negative response for the MTR? Should I go to India and get another H4 stamping or can I go and reenter again with the existing H4?

Please advise and thank you
 
hello Rajiv
my wife and i went for an i751 interview and we were seperated.at the end of the interview my wife came out and said she withdrew the application cos the immigration officer told her she was going to jail because the was too many discrepancies on our ans,which she said she knows was not true. we are still married and i got a letter of denial form uscis thaty my conditoional green card has been terminted because my wife withdrew application and that she stated she regretted marrying me and that we rushed into getting married. what do i do about my job and how do i go about it now. thanks for your help rajiv
 
Staying in India while GC in process

Hi Rajiv,

Thanks for clarifying my questions that I had put in for the last conference call.

Based on your response if I understood correctly - if I come back to USA on H1 then I need to justify the H1 job is still available while I was away in India and if I come back on AP then I need to justify the GC job is still available.

Few questions:

1. I have approved (but not stamped) H1B visa and valid AP – I would like to continue to work on H1B (so can get married to add my spouse in GC) but to avoid unexpected H1B stamping delays in India, can I come on AP but work on H1?

2. Can I apply for AP extension and leave the country since I have approved H1 or I would have to wait for AP approval irrespective of whether I have H1B or not?

3. Is it possible to stay in India until I get my GC (EB3 – PD Sep 2004) is approved and come back only after it is approved? For that do I have to change my GC I-485 to consular processing or any procedures to be followed so I don't have to be in this country for periodic finger prints etc.,? Is this advisable and approximately how long it takes if I have to change from I-485 to CP?

Please advise.

Thanks in advance.
 
J1 waiver for an Indian citizen residing in canada for past 3 years.

Greetings Rajiv,
I was in US as a post doctoral fellow in Astrophysics from 2005-2008 on J1 visa. I got married and came to Canada to live with my husband. We have been living in Canada since past 3 years and I have a Canadian PR. Now my husband is getting transferred to US and we all have to move to US within a year. However, my J1 visa had 2 year home residency requirement. I understand that I have to take no objection letter. I see that one has to fill 4 forms of 'Grant of Waiver Certificate' available from Indian embassy Washington DC website. But they serve only people residing in USA. I could not find any such information in the Indian embassy, Canada. How do I start the process of no objection and which country will do it for me?
Thanks much.
Sasha
 
Hi Rajiv,

I was working for Company A on H1 who had filed my GC in EB3. I was then approached by Company B who filed my GC in EB2 as a future job and ported my priority date.

Once my GC got approved in June 2010, I left company A, and started working for company B. Also, my PWD was for 107K and I re-negotiated my pay to 120K. I have been working with company B ever since and have saved the W2 and pay-stubs.

Now, GC sponsoring company B financial situation is not so good and they have asked me to take a substantial pay cut – almost 50% to 60K.

1) If I do decide to do this can this be a problem during naturalization?

2) Will they ask why did my pay drop with the same company?

3) I currently am in NJ and would like to move to a different state. Can a GC holder move to another state or does he have to live in the same state for some time where the PWD was filed?

4) Also, can I start a business on GC or do I have to wait until Naturalization?

Thanks,
Bobby
 
Dear Rajiv,
I really appreciate your insightful advice. Apologies for asking a bit long question.

Question about Eligibility for a new H1B for 6 years

I have been a MBA student on F1 visa in the USA since July 2009. I am presently in India on leave and plan to return in August. I was on H1B earlier. I really need to understand how my stay outside of the USA during the last 2 years impacts my future eligibility for H1B and for how long that would be usable.

My Employment and Visa history
============================

1. Employer A: Started working on July 11, 2005 on F1-OPT after completing MS degree ; Continued working on H1B – it was valid from 15 December , 2005 until 01 October 2008; Lost job on Feb 11 2008;
2. Employer B - applied for H1B transfer and extension on March 24-2008 (receipt date); This petition went in security check
3. Started working for employer B on May 15 -2008 while the H1B petition was in security check; Continued working until March 30-2009; Left USA on march 30-2009;
4. Appplied for F1 visa in India and came back to US in July end 2009; The H1B Petition ( which had been pending in security check since March 24th -2008 got approved on Aug-10,2009; This H1B was valid from 10 Aug 2009 to 23 March 2011; I did not use this H1B because I continued my MBA on F1 visa status

Question 1:
===============

How much of the maximum 6 years that is allowed in H1B status have I used based on the situation above. My understanding -I have used about 3 years 3 & half months – from 15 Dec 2005 to March 30, 2009; Does that imply that – after finishing MBA, I have about 2 years 9 months that I can work on H1B visa, unless my employer files for my green card?


Duration of stay out of US since March 2009 and eligibility for new H1B
=========================================================

Since I left USA on March 30, 2009 (while my H1B Petition was pending security check) and came back to USA on F1, I have spent a total of 379 days outside of the USA, during following periods.

A. From march 30, 2009 to July 28, 2009 = 4 months ( 121 days)
I came back to USA on July 29, 2009 on F1 Visa for MBA.
B. Travelled outside of USA from 9 March 2010 to 28 March 2010 while I was student = 20 days;
C. Stayed in India for internship from 18 june 2010 to 04 sept 2010= 79 days
D. Staying in India from 24 Feb 2011 to 1 August 2011 (expected) = 159 days; I had filed for a change of status to B2 on Feb 2, 2011. This was approved on March 16-2011. Once this COS was approved, the USCIS completed my SEVIS record. As a result, I have to apply for a new F1 visa to come back and continue my studies in US. As a result, I believe this stay of 159 days would NOT be considered on continued F1.

The total stay outside of the USA using all the different periods above comes to 379 days.
==================================================================


Question 2
==============

Does my cumulative total stay of 379 days makes me eligible to apply for a new (cap-subject) H1B visa that would be usable for six years after I finish my MBA in December 2011 and find a new employer?

If not, would staying out of US upto December 2011, (that would mean I stayed out of US for 10 months in 2011) together with my earlier 4 months of stay in India in 2009 make me eligible for a new (cap-subject) H1B because I would have complete the minimum “365 day stay out of US” requirement??

Thanks a lot for your patience in clarifying my situation.
 
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"I have my removal proceedings terminated by an IJ. I have an approved I-130 and also filed I-485 with the Texas Service Centre before the termination....what is the next step" Also since a filed in November 2010, whilst whilst the case was in court, will USCIS consider me as a November Filer. Thanks
 
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Just this morning when I hit the "What's New" function, there were pages of posts by user ID "ASSO". Someone had suggested adding a "CAPTCHA" function, where a real person has to type the the goofy looking, randomly generated alpha-numeric in a box in order to post. Is it so cost prohibitive to do that to this site?

Thanks.

Also, do you have any comments on these two cases?
 
Hi Rajiv,

I am currently on H4 visa and doing my MS in a public university.
* Can I accept any scholarships/tuition fee waiver based on my academic standing?
* If I am offered a job on campus, how soon can the university apply for my H1? Should my start date be Oct 1?
* Do universities come under any special category wrt H1b processing and/or GC processing? I have heard that the number quota does not apply here. Could you pls clarify.
* Can the university directly sponsor my GC without filing for H1? In essence, can I go from H4 to GC? Typically how long would this take under EB2 category, given that priority date for my case is current?
* What are my chances of getting a J1 visa? My husband and I have an approved I140.

As always, thank you very much for this wonderful service!
 
hi Rajiv,
my self and my wife got GC's recently a few weeks back- (with priority date oct 2006 and 485 filed in 2007-Employment Based -EB2). but when priority date became current again in july 2011 i have filed my daughter's I-485 and she is done with finger prints , case is still in initial review.

my question is :
Can i take the full-time with different employer right now or Am i need to wait for sometime? can you please suggest ?

thanks in advance,
kiran k.
 
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Hi Rajiv,
I am a Employment Based EB3 visa.. I have a problem with my medical report.. can I execute a medical waiver before my interview. can you please suggest me what to do before my interview
thank you..very much

hayson
 
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