Recording available for download for July 8 Conference Call

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monica1

monica1

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Download the recording at 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: July 22, 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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Chnage in position

Rajiv,
I recently passed the professional engineering exam. So, my position will change from an engineer intern to an engineer / professional engineer. And, I will get a seal and can start signing documents. The job duties will be a continuation of current duties. Does this constitute a substantial change in position? The salary will probably have a one-time increase that is a little higher than normal.
I am currently on my first H1 extension (Jun 2010 - Jan 2013) past 6 years and have an approved I140 (Indian citizen on EB2 waiting to file 485). If needed, employer will probably reluctantly agree for a H1 amendment but will almost certainly not want to re-file LC and 140. Can you please clarify if amendments are needed and a course of action?
Thanks.
 
Priority date portability

Hi Rajiv
I have been in touch with you in the past regarding change of jobs with I140 approval and your advice was that my priority date can be ported over to a new employer even if my current employer revokes my I140.
I believe you had asked me to make sure I have my A number or my receipt number of the I140 approval. I have been able to locate the reciept number. Using the receipt number, I can see online that the petition was approved. When my H1 was extended on the basis of the I140 approval, the I797 approval notice states me as the beneficiary and has an A number along with it A### ### ###. Is there a way to know if this is my A number from the I140 approval or it could be from the OPT approval (I was on F1 and had an OPT EAD card). My previous I797's did not have an A number on it.
Will this be enough for me to change jobs and then once my new employer has the PERM approved, I can port my current priority date over to the new employer? My new employer will only be able to file for PERM next year. Will that be an issue?

thanks a lot for your help!
 
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Hello Rajeev,
My current employer who filed my GC is running my payroll using EAD. no more H1.. If I want to switch to another employer,
Should I go through W2 or 1099 form? Also If my current employer has no restrictions of switching over to another employer, is it necessary to file AC21?

Thanks,
Ramakrishna Maddipati
Atlanta, cell :214-298-1413
 
I-140 Appeal pending for 15 months now. Maintaing H1 and need help with couple of questions

Hello Rajiv, My I-140 appeal is pending with AAO. Its been 15 months now and I still havent received any update. It was an Successor in Interest case and it was a Labor Subtitution case. The Current Status of I-290B shows as "The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now being processed at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283." Same Labor subtitution I-140 cases has been approved in the company without any RFE but mine was denied and later file for appeal. The lawyer is saying that we have very good chances of wining the appeal.

This July I will complete my 5 years in H1 and my H1 extension has been pending for last one month. The company has refiled new I-140. My I-485 status shows as "We sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

Now, I have couple of questions below.

1. Can your Law Firm help me in any way possible? I need to file AC21 but dont know how we can do that. I am in a situation where I am spending more money than earning with the employer.
2. Pending of I-140 Appeal this long is a good sign or not?
3. What do you suggest me to do best, should I wait for couple months or take H1 transfer with other company and file AC21 to make I-485 pending?
4. I have no idea what to do? Please help.

Thank you for all your services.
 
Wife on L-1 Visa, I am GC holder when to apply her GC?

Hi Rajiv,

I am a GC holder which was approved 2 years ago. I got married after my GC approval so my wife is on L-1 visa
with 2 more years left before renewal. I was planning to apply her GC after getting my citizenship but recently I saw that the date for spouses of Indian GC holders has progressed alot. Now I am thinking of applying her GC.
The question I have are:
1) If I apply her I-130 right now will she face any trouble in getting her L-1 visa extension - both petition and stamping?
2) Is it possible to change status from L-1 to F-1 incase she doesn't gets an extension in her project?
3) Having approved/applied I-130 will cause an issue to change status from L-1 to F-1?

Please advise.

Thanks.
 
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1) I am currently having H1 with company 1..I have offer from company 2 and 3...these 2 companies want to inititate H1 transfer...Can I allow Company 2 and 3 to initiate H1 transfer...Will company 1 know about it...If I decide to stay with Company 1 only will this H1 transfer to 2 and 3 prevent me from staying with company 1...
 
H1 b transfer rfe - education evaluation

Hi

Applied for Transfer to CSC under PP. I got an RFE on H1 B transfer on EDUCATION EVALUATION.

If we answer to this RFE, Can we get additional RFE's on different queries ( For Ex: Company Financial ) from USCIS ?


Thanks and GOD Bless You
 
L1B Blanket Petition

Hi,

My company has filed an L1B Blanket petition for me last year in Aug 2009 for 1 Year. So my I-129 has a date ending on Aug 2010 which was approved at the US consulate in India and was issued a L1 Visa for 1 Year ending in Aug 2010.

I have entered US in Sep 2009 when I was issued a I-94 expiring on Sep 2012. My company wants to now apply for an extension but i wanted to check whether do i really need an extension because the Visa validity is overruled by the I-94.

I have seen cases when people with such cases apply for the extension it tends to get rejected.

Can you please guide me whether i should apply for an extension for working further in US or am I good with my I-94 validity to work in US.

Thanks.
 
L2 Visa Holder doing Business in US

Hi,

I am in US on a L2 status and have valid EAD.

Can I start my own Business in the United States with Sole Ownership or Partnership?

In case my husband move to a H1 Status and I move onto a Student Visa, during that period can I still run my own business?

Thanks.....
 
I am on H1B and planning to visit India this year. I also have to get my stamping done this time.
I heard from different sources that the consulate is delaying in stamping or not stamping at all and also at port of entry they either are deporting or just letting in for 2-3 months.
I wanted to know is that all true or rumors?

If all this is true, then, what preparation should i do so i come back safely.
 
Possibility of H1B transfer while extension is being processed

Dear Rajiv,

Greetings. Thanks for your time.

Currently I am with employer A on H1B valid from July 25 2007 to July 25th 2010 and H1B extension has been applied on July 5th and currently awaiting receipt notice. Meanwhile, I have recieved an offer from another consulting company Y with their direct client requiring me to initiate H1B transfer. So I was wondering

1. Is it possible, and if yes, prudent to initiate H1B transfer with Company Y while an extension application with X is being processed.

2. What happens if extension petiion with employer X gets approved and transfer petition with Company Y gets declined?.

3. Will filing on H1B transfer application with company Y will have any adverse effect on H1B extension application?.

4. As company Y is a consulting company, what are your thoughts on transfer application being scrutinized for employer-employee relationship?.

5. Another issue is my H1B extention application has been applied on July 5th 2010 and I am planning to self file extention for H4 application. per my attorney says copy of H1B extension reciept notice is required for filing H4 application and receipt notice will be recieved in 2-3 weeks. Is there a possibility to file H4 if at all H1B extension reciept notice delivery gets delayed. What will be the best course of action?.

Once again, thanks for your time and service!.
 
Pending 485 Question

Hello Rajiv Jee
I have question on my pending 485. I have open the Service Request for my 485 and they have replied
" Your application is pending and waiting for assignment to an officer "

Also i have called the Service Center and they told me staus of my case is pre judicated.What does mean pre judicated ?
As my my PD is current in July 2010 visa bulletin ( EB3 India Oct 2001 )

Thanks
 
Hello Rajiv,
I have a question regarding Filling for my Citizenship.
I have a Green Card with Category = AS8 that was issued on Feb, 2003 and it expires on Feb, 2014. Is there a possibility that I can directly apply for the Citizenship without the help of my parents. My Dad came to the country on Asylum status Category AS6 Green Card and he is yet to file for his Citizenship. As per my knowledge; I should be allowed to apply for the Citizenship without being dependent on my parents as I am already 23 years old(above 21 is allowed to apply for citizenship).

Should I hired an Attorney to complete this process or I should be able to file the application without any issue.

Thank you for all your great help to the Community. Thank you!
 
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