RECORDING available for download for July 31 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
-------------------
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: Aug 13, 09
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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Question on Green Card

Hello, Thank you for taking questions. Here is my situation please advice. I am currenttly holding a H1B sponsored by Company A, priority date is April 2003. Also have EAD from 2007. My spouse recently got US citizenship. I would like to know what option would be best from the below.

1. Continue with employer sponsored visa and green card, wait until the dates are available.

2. Start new process with spouse sponsored green card.

If I opt for option 2.. would like to know what the implications are to existing process. Can I have 2 485's filed... one existing one with employer and the other spouse sponsored... Thank you for your advice .
 
EB2 with same company

Hi Rajeev,

Thanks for the excellent service.

I am with my sponsoring employer for last 5 and a half years; my PD for EB3-India is July 2004. 140 approved in 2004. 485 applied in 2004. 2 FPs done, 6 EADs & 6 APs.

1) Can I apply for EB2 PERM labor with same employer again? Does work experience with same employer count towards different job with same employer? What are next steps?

2) Can I then apply for second 140 with same employer although I have my EB3 140 approved? If so any risk of losing my current EB3 140? Or are they separate applications?

3) If in case my EB2 140 and labor are both approved can I file separate 485 based on EB2 140 and labor? or will I have to first withdraw my already pending EB3 485?

4) In case my EB2 140 is rejected will I lose my existing approved EB3 140/485 as well?

5) In case I apply for 485 based on EB2 then how can I port the EB3 PD to EB2 PD?

Thanks.

Appreciate all your help.
 
Reg. H1b RFE.

Hi Rajiv,

Thanks for your responses to my earlier posts.

I too have a RFE for H1b extension - USCIS is asking for
Client Letter, and client is not giving letter - Iam still in the project. Vendor is ready to give letter. I would like to know can you take up my case and
answer RFE and also how it cost for me.

Thanks
Sai.
 
RFE on I-485

Hi Rajiv,
I got RFE on my I-485.

1 RFE

1)The birth certificate submitted with the application was late registered. Therefore, please submit the oldest available evidence which establishes your birth and parentage.

a.Hospital birth records which name the child and both parents.

b.Medical records which name the child and both parents.

c.School records which name the child and both parents.

d.Census records which name the child and both parents.

I don't have none of the above list

If i submitted Affidavits from my Aunt & Uncle ..IS that fine?

2 RFE

2)The record contains a letter dated August 14,2007 from XXX Consulting Inc, your intended permanent employer. However, the letter did not indicate the location of the employment. In addition, Service records indicate that you are not residing in the same geographic location as the employer. Therefore, please submit a currently dated letter from your intended permanent employer, which describes all of the following:

Your current position and job duties,
The offered salary or wage, and The date you began (or will begin) employment.

I have joined full time position in YYY company in April 2009.

How to answer this query?

thanks in advance..
 
I-751 Conditional LPR Divorce Waiver

Thanks for the opportunity to post this immigration situation for discussion:

My friend is a citizen of India, came to USA on K-1 to marry a NRI LPR two years ago. They married but the marriage ended in a divorce due to family problems. My friend received his CPR which expires in November. After the divorce he returned to India but did not change his mailing address. Now he wants to return to USA and file I-751 to have the marital conditions removed with a waiver due to the divorce. The marriage was bona fide and he still has documentation from their marital union.

Question: Can my friend file the I-751 abroad in India? If he has to return to the USA, will he be allowed to return to India while the I-751 is pending? He does not maintain a residence in the USA currently but has relatives here. His CLPR was issued in Fair Lawn NJ.

Thanks for your advice.
 
H1 Approved, not stamped. Urgent need to travel to US

Hi Rajiv,

I am a Canadian permanent resident residing and working in Canada. My husband works in the US and travels every week. My H1 was approved in Oct, 2008 and is valid until Sep, 2011. I have not got my H1 visa stamped. My US employer has not been able to place me at a suitable client project due to the prevailing market conditions. Meanwhile, my present employer has offered me an L1 transfer, if our US office have a suitable opening for me. I have found a position and need to travel to the US for an interview before my L1 is finalized.

* What is my best Visa option if i need to travel to the US for the interview with my US office without hampering my H1? I would like to keep my H1 option open, just in case the L1 does not go through. I presently do not have a visitor's visa.

* Should I apply for a Visitor's Visa? If yes, does my approved H1 show up to the visa officer and what implication does it have?

* If my H1 is cancelled when I apply for Visitor's Visa, do I have to go through the entire H1 approval process again? ( I know that I will be quota exempt, but getting an H1 approval is very difficult in the present circumstances)

* If L1 does not work out and I go for H1 stamping I would have delayed work on H1 by about a year. If asked to explain at the consulate, what is a good answer to this question?


Thanks for your advice
 
Dear Rajiv, Thank you very much for your great service. one of my family member had a 140 stuck for 20 months with no response. The SR's were filed and we got standard letter. Her company upgraded to premium processing and CRIS said it was approved and approval notice sent. Then we saw a notification from TSC , that some of I-140 had emails of approval sent erroneously. It is not very clear whether I-140 is approved erroneously or only emails were sent out erroneously. We thought we saw the end of tunnel with respect to 140, but it scares us now. Please share whether there was any problems with CRIS as well in TSC or whether it was only bad email notifications. Thanks
 
Hello, I am a Canadian Citizen. I have been laid off recently on 23 July 2009 while working on H1B visa but still on payroll until September 15 2009 although I do not need to report to work (using my PTO).
My questions are,

1) Do I need to apply for change of status (e.g. H1B to B2) to stay in US legally now ? or can I wait till September 15,2009? What is the process to do that? Can I do it while in US?

2) Is it OK, If I return my I-94 while going back to Canada and then simply enter US again as visitor to change my status? Do I need to return I-94 at border to Canadian Authority or US authority when I am going back to Canada by road?


3) Can I stay in US for another 6 months based on my Canadian citizenship without any process, as Canadian citizen doesn't need visitor visa to enter the US?


Thanks for your advise.
 
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wife stuck in India, expired H4 visa, deserted by H1 husband

This is a very complicated situation, thank you for any help.. This concerns my friend, a woman in her twenties, in the following situation. She is the wife.

Wife formerly on H4, abandoned by husband who is in VA on h1. Baby born in the US. She travels to India with 3 month old baby who has US passport; her h4 was to expire in September 2008. Husband who stayed back in the US was to petition for extension of h4, but in-law problems happened, and the husband has refused to communicate with her, and it has been months. He did not petition for the extension and her h4 has now expired. She is unable to return to her own home in the US, and her baby is without dad/child support. She was refused a tourist visa too. My husband and I sent her the invitation and paperwork for the visitor visa.

Our question: What on earth can this girl do, to be able to set foot in the US and try to bring her husband back to his senses? (Of course, if nothing works out, she can divorce him, which will then involve new problems re. alimony, child support enforcement between the two countries). Should she beg to have her case reconsidered by the consulate?

Question 2: Could it be that he has divorced her in her absence, claiming (falsely)that SHE was the one who left the marital home? Can a marriage that took place in another country be terminated in the US? If so, is there a location where such records are available to the public and we can find out whether such a divorce has taken place?

Question 3: Does she have any legal recourse against her husband? Is there anything she can do to influence his ability to continue to live in the US while being a deadbeat father?

I hope this outlining of the situation is clear enough for you to understand the problem, and the very tough situation (emotionally, and procedurally) this girl finds herself in. Thank you for all your effort in untangling this and helping us find a solution for this girl and the poor baby who has a right to be in this country with two loving parents.
 
Rajeev, thanks for your service. I apprecaite your help

two questions.
1) My passport expiry is on Oct 2010, my Visa is up to May 2011. During my recent trip to India and while returning to US, I was given I-94 only until Oct 2010. As suggested by you in our previous postings, I have contacted cbp over phone to check for the nearest filed office to get this corrected. I live in Jacksonville, FL and there are no CPB offices at the airport. The CBP officer on the phone said that I have only two options.

a) Get the new passport and go back to India and come back to US and get this corrected at the port of entry
b) Fill the I-539 form after I get the new passport.

I know for sure they are wrong. what am I supposed to do?

2) I withdrew my I-140 appeal application in March 2009. USCIS didn't confirm the receipt of the withdrawl application and the online TSC website says the appeal is still pending. I have called their 1-800 number, but they are not give precise answer on the appeal. What am I supposed to do? Please advise.

Thank you very much
 
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I want to know about the policy about the Thailand that who I can solve my problem of immigration if yes then who I can.
 
I-140 - petition from 2nd company

Rajiv,

If you recall, I had posted questions about I-140 (from Company A) appeal against the denial to retain the priority date. Thanks to your excellent advice and help, I appealed (pending) and hope for a positive response.

We are trying to file an I-140 from Company B and I was wondering if the "A-number if any" needs to be indicated from the previously denied I-140 or just left as none. We have indicated that a previous petition is pending and have attached the explanation.

Thanks in advance for your answer.
 
Hello,
i came to USA in August 2004 on F-1 visa, graduated in Dec 2006...was on OPT from Dec 2006 to Dec 2007...In the meantime an indian consulting company applied H1B in the April 2007 Quota and it got denied. To remain in legal status , a few days before my OPT ends i transfered my I-20 to another community college doing an associates degree and in order to work they gave me CPT(Curricular Practical Training). I had CPT from Dec 2007 to Dec 2008. In April 2008 another indian consulting company applied H1B but it did not pick in the lottery, so i continued with my CPT till Dec 2008. On my request,The international admissions officer at college extended CPT again in Dec 2008 till Dec 2009. I applied H1B in April 2009 and it got denied because there was no end client letter. My 5 years F-1 visa expires on August 1st 2009. Can i still stay in the country after August 1st 2009 with a valid I-20 and go for a visa stamping whenever i leave the country? Can i go for F-1 visa stamping to a country like, canada or bahamas ? My other question is , Is there any other option for me other than F-1 status to continue staying in America???
or if i go to india after august 1st what would be the options for me to come back to america???

I also wanted to find out How the EB-5 category of greencard works? One of my friend was saying that if we apply in that category we can get greencard in 6 months...I just wanted to find out how that works out???

One last question: My mother is also visiting America on visiting visa and she is planning to extend her stay here for a few more months, can i know what is the procedure she needs to follow???she officialy has to leave before september 8th but she may have to attend a wedding here in october or november, what possible reasons can we give to extend her stay here ??? Are there chances of that getting approved? and do you think that would create a problem for her at immigration when she visits again in future ???

Thanks!!!
 
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Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

Hello Rajiv,

what does it mean if current status shows in USCIS online system for H1B application as

Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

I never seen this kind of status before for H1B applications. usually in which case USCIS will update this kind of status for H1B

Thanks,
 
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General Qstn

1.I am planning to apply for H1-B, I heard that most of the cases are getting rejected or getting RFE. Is this true and is it advisable to apply for H1-B now?
2.I have to go to India later this year, If I get my H1 and if I am working, will there be any problem in stamping? I heard that consulates in India are putting new H1 stampings on hold in definitely even if the person has job. Is it true?
3.I also heard that if we go through Desi consulting companies, the chances of getting H1 stamping is very low. Is that true and is it advisable to go with desi consulting company if they offer a job?

Thank You.
 
hello everybody,
i have a few questions reguarding my stokes interview. my husband and i had our 2nd interview on July 27,2009. the officer didn't tell us his his decision right the after the interview. he said we will get the decision in our mail after about 2 weeks. this has really tensed me and my husband. the immigration officer didn't stamp or take our passports.
my questions are:
1) is this common or uncommon?
2) are we going to get an approval letter?
3)are we supposed to have our passports stamped if we are going to to get a green card?
4)has any one had a similar case?
pls anyone help or give suggestion my husband and i are really worried. we can't sleep or think properly just by thinking of this whole situation. any help would be appreciated.
thanks in advance
 
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which is GOOD or what is the difference between working on H1B and working on EAD for sponsoring emp

Hi Rajiv,
I have H1B as well as EAD from my GC sponsering employer. My employer is a consulting firm with good clients. I am on H1B now working for a client at Atlanta. I beleive H1B has work location restrictions. Once my project is over I have to move to another client at a different client location in a different state. If I work on EAD for my employer does this releive me this work location restriction for working in another state for a my employer clients.
Thanks & Regards,
Mohamed.
 
H1B denied.

Hi Rajiv ji


What are the implications of agreement signed between employer and employee after H1 extension denial from H1 processing company? Does the terms and conditions still holds good after the denial or voided immediately after H1 denial.


Thanks
 
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