Recording available for download for June 16 Conference Call

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monica1

monica1

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Recording available for download for June 16 Conference Call . http://www.immigration.com/free-community-conference-calls


NEXT CALL
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Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Date: June 30, 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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Noir 1-140

Mr Khanna, firstly thank you for this wonderful service and your time. I will get to my question right away.

My I-140 was approved in 2005 and I applied for my 485 in August 2007. I used AC 21 and moved on to a new job 2 years ago. In May I got news from my previous employer(a consulting company) that they have received an NOIR on my approved I-140. The reason being that the USCIS is questioning the employer/employee relationship. They did reply to this and its been 30 days now and they have received no response. The lawyer said they had received the same RFE for some H1Bs and have always got them approved.

I remember reading sometime back that you too have recently received RFEs on employer/employee relationship for I -140s. I was hoping you could share some information on how you handled them and if you have had any luck getting the said I-140s approved or is this a lost cause? I thought the Neufeld memo was for H1B cases only, have they started applying it to I-140s too? I would be grateful if you could give me any guidance here. Thank you.
 
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I was on H4. But, my husband did not renew my H4., due to family problems. I have filed for divorce. The case is pending. Right now I became out of status.

Is there any type of visa that I can apply for that will allow me stay legally during the tenure of the case?

If so, what is the form #, if any?

Thanks in advance.
 
Thanks a million for your help to immigrant community.

My current status Both me and my spouse have an approved I -140 (NIW EB-2 country of chargibility India with priority date July 07). We both were unable to file I -485 as we missed the July 07 fiasco (so do not have EAD and Advance parole). I am presently on H1B status and my spouse too is on H1B till August 2011.My spouse is loosing her job on 30th August.She is unable to find a H1B sponsor but secured a job in India and plans to move back to India to take up the job by August end, while I plan stay in US to secure the green card.
I had initially requested an AOS (adjustment of status) and later filed an I 824 for CP (consular processing) which was approved in May 2010,but for some reason my papers were not transfered to National visa center and I am currently communicating with Ombudsman on the issue.
Given my situation where my priority date are close ( July 2011 visa bulletin is March 07) and since my spouse would like to join her job in India I ask for your suggestions and advise as we want our options open and to be able to stay and work both places (India and USA.)


Questions
1) I am hoping that the priority dates reach July 07 by august 2011 so that she can file her I 485 and then leave for India to join her job and later come back after getting her AP and EAD.Do you see and problem in that.

2) In case the priority dates does not reach July 07 before she leaves for her job in India she might be able to come back to USA on B1 visa as she has a meeting in Oct 2011 she already has an approved I 140 ( I am not sure on the latest US consulate policy on this issueing a B1 visa for an already approved I 140) and she does not have a valid US visa . if you could give your views on this issue would be great.

3) In case she arrives to US on a B1 or H4 visa when her priority dates get current would she be able to file I 485 at that point.

3) Can I bring her back to US under my CP when it goes through.

4) Can she file her own CP based on her approved I-140 NIW while working in India.

5) Based on the above situations can you please discuss pros and cons of each actions.

Thanks
 
Pending I-485 issue

Hi Rajiv,

First of all I would like to thank you for arranging this session to help community. This has been very informative and useful. I have been attending this many times irrespective of I have a question for you or not. This time I do have a question on my pending I -485 application case.

Here are the details:

I have about 14 years of experience in IT. I joined employer A in Feb 2006. Employer A filed my GC with the details provided below:

Priority Date: Jan 15th 2007
SOC Position: Software Engineer (15-1031.00)
Duties mentioned in GC application:
Analysis, coding and design of computer applications for various software applications. Analyze user needs and develop software solutions. Identify the data collection required resulting in production of management information systems. Prepare workflow charts and diagrams to specify in detail operation to be performed by equipment and programs to integrate various legacy systems within existing systems. Build and develop the applications and interfaces accordingly to defined hardware to include appropriate and relative databases, interfaces, hardware and software modifications and technical programming modifications.

I filed I-485 in July 2007. In Feb 2010 employer A was not able to find a project for a while so I decided to move and joined employer B. I requested for Employment Verification Letter from Employer B to submit my AC21 case after joining. They provided me with a letter which has details as below:

Designation: Project Manager
Duties:
Analysis, coding and design of computer applications for various software applications. Analyze user needs and develop software solutions. Identify the data collection required resulting in production of management information systems. Prepare workflow charts and diagrams to specify in detail operation to be performed by equipment and programs to integrate various legacy systems within existing systems. Build and develop the applications and interfaces accordingly to defined hardware to include appropriate and relative databases, interfaces, hardware and software modifications and technical programming modifications.

Now as shown above, the Duties in new job are matching with the duties mentioned in GC application. However my attorney was not comfortable with the designation of Project Manager. So I consulted the HR of company B stating them that they should change my designation as it is not acceptable for GC application. They stated it is not possible for them to change the designation however based on the duties I am doing, they issued me another letter which states as below:

“This letter will serve to confirm that B Inc. employs Mr. Zeal2005 (Emp ID - 12345) in a full-time capacity operating from the United States of America. As a part of his job responsibilities, Mr. zeal2005 is currently performing the role of a Business Analyst, while designated as Project Manager as per our internal designation structure. He is employed with us from February 1, 2010 till date.

This letter is being issued for the purpose of verification for his Green Card Filing and as a supporting document confirming his role, and the designation within the Organization.

This has been issued at his special request.

We request you to contact the undersigned should your office require any further information.”


Now I have received this new letter just 2 weeks back. I am still waiting for the feedback from my attorney on this new letter. In all this follow up at different levels, lot of time has passed by and I was not able to submit my AC21 as of today even after joining employer B about 1.5 years back. Meanwhile my PD has become current as of July visa bulletin. Now I have questions for you as below:

1. Does it make sense to file AC21 now at this stage when PD has become current?

2. Do you think based on the above two letters that employer B issued, USCIS will still have concerns on my I-485 application? Do you think the application will get approved without any issues?

3. I am not doing any Project Management activities as of now. I am an independent contributor and the new role with Employer B is 100% same as what I was doing with Employer A. If USCIS does not get convinced with the above 2 letters, what would be the option you think to convince them?

4. As you know I have not filed AC21 case, would USCIS know that I have changed my employer?

5. Do they raise RFE for each every candidate that did not file AC21? Or they just randomly pick up any application?

6. What would be the % of applicants that get RFE?

7. Do you have any suggestions for me in this scenario?

8. Would you be able to present this case successfully if I decide to change my attorney?

Will appreciate your inputs on this please!

-zeal2005
 
485 to F-1 to...

Hi Rajiv --

I was on an H-1B and had also filed (the employment-based) 485.

In 2009, I was admitted to a full-time grad program and given the uncertainty around the timing of my PD becoming current, I switched to an F-1 -- you'd given me excellent advice to go to the Ottawa consulate and apply there and I was successful.

I didn't end up withdrawing my 485 -- I'm not sure if my former employer withdrew it though (I haven't received any decision on it and the online status hasn't changed either).

But, turns out now that my PD has become current.

I'm trying to figure out if there is anything I could / should do in terms of my case? I know the 485 will be rejected as it comes up for review now and my F-1 status shows up as well but should I be doing anything else in terms of making sure that the PD will be available for a possible future application etc?

Thanks a lot!
 
Hi Rajiv,

Thank you for helping out with our immigration related questions. My situation is:

-I am on a J-1 visa working for a Federal Agency as a researcher.
-I submitted my I-140 petition back in March 2011.
-I have not applied for the J-1 waiver yet and have not submitted any petitions for adjustment of status.
-I am planning to visit my home country this summer.
-I will have to apply for a visa stamp for coming back to the US.

Now my question is under the circumstances as described above will it be a problem for me to get a visa to get back to the US? Can my DS-2019 be extended despite my I-140 petition? Will the consulate where I will apply and CBP at the port of entry know about my I-140 petition and will that caus a problem for my return to the US?

I am figuring out what to do under the circumstances so your guidance will be highly appreciated.

Thank You!!!!!
 
Dear Rajiv,

Thank you very much for your wonderful service. I am on F-1 status and I want to work on CPT this summer and in Fall semester. However, my college will only prepare my CPT paperwork if I enroll for 3 extra credits. As an international student, I have to pay around $4K to take these extra 3 credits. These credits have no bearing to my course of study. Do you know any law under which my college can force me to take these credits? If I want to complain about this, where and who should I contact?

I would appreciate your reply.
 
Dear Rajiv,

Thank you so much for this great service. I have a H4 visa with expiration date of 08/10/2012. However last time we went out of US (February 2010) my I-94 was due to expire on March 27 2011, the same day of my passport expiration day, the I-94 for my husband and kids have expiration day of 2012, I did not realize mine was different until last week, for that date I already have 75 days out of status !. We have talked with my Husband Company's attorneys, they recommended to fill an I-94 extension, they will try it to be urgent (I don't know the exact term to it), in order to do that they are going to fill an extension for my husband's I-94 and mine, however his currently I-94 is going to expire the same day his H1B visa expires 08/10/2012. I don't want to reach the 180 days out of status so, I think that every day counts in my situation:

1. Is it possible to ask for an I-94 extension when you have already the expiration date the same day that your valid H1B visa? I am afraid it could be rejected and waiting for a response I have to spend more days out of status.

2. I think there is a very good chance that my H4 visa is already voided due the overstay, what are the possibilities of getting a new H4 visa in my home country ?

3. In this scenario, what should be the best way to proceed? Should I wait for the I-94 extension? or Should I go out USA right away? Today I have 80 days out of status and I have got a new passport.

Thank you very much in advance

Best Regards
 
I-485 Question

Hello,

I am working on H1B and I have approved I-140. I am principle applicant.
My priority date to be current soon, once it is become current I am going to file I-485 for me and my spouse. Right now my spouse is also on H1B and some time back my spouse is in Out of Status for some time.

a. Will this cause an Issue when approving my spouse's I-485 ? if Yes how it can be corrected ?

b. Does W2 forms of dependents also are required to submit when applying for I-485 ?

Thanks,
 
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Hello Rajiv,

I had ported my GC from EB3 to EB2 and received my GC last month – May 2011.

Just curious as to what happens when the priority date from my EB3 application (Feb 2004) becomes current?

Thanks,
Bobby
 
Incorporating a non-profit company on H1b status

Hello Rajiv,

At first let me thank you for this great service you are doing to the community.

I, along with a few other colleagues, am trying to set up a 501C3 non-profit organization that will organize public events for DC based professional community. I am on valid H1b status and wanted to be sure if I can:

1. Sign incorporation documents of a non-profit company as one of its directors
2. Serve as an elected official such as President, Secretary, Treasurer etc
3. Be elected to its board

All the above roles would be unpaid and fully voluntary in nature, and independent of my current employer. The organization may raise donations for meeting its running costs but its directors/officials/board members would not be paid any compensation.

Will greatly appreciate your advise on this as several of the founders of this organization are in the same boat as I am.

Thanks in advance,
Sasi
 
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Hello Mr. Khanna Thank you for assisting us with our queries.

I am a physical therapist currently working on H1B visa. My current company con-currently filed my I140 and I485 in June 2006 under Schedule-A which was a special quota created for therapists. Both were filed in the nebraska service center. My I140 was approved in November 2006 and the I485 is still pending. I have had a couple of RFE's since then, the last one being in 2007. I have set up multiple inquiries on my case but there has been no proper response.
Since 2006 I have been divorced and re-married, I recently added my husband to my existing application and his I140 was approved immediately. We both currently have an EAD. My husband had his biometrics and medical check up done approx a year ago.
Also I had a seperate application through my ex-husband's job and i recently recieved a denial for that I485 application stating the reason that we were no longer married. Similarly my ex-husbands application as a dependant through my job was also rejected.
I dont know what to do at this point. It seems like my application is lost somewhere. I am not sure what category they have put my application in since the quota Schedule A was soon discntinued. I do have a Masters degree from a US university.
What should I do at this point. Please advise. Thank you.
Priya
 
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Hi Rajiv,

Thank you very much for taking my question. My question is regarding the reentry permit.

I have a GC that is 2 years old.

I have a need to be with my family for 6 months in India..However, there is a possibility of this streching for an year.

1) Do you advise that I apply for a reentry permit? Usually it is required for a travel beyond 1 year, but like to consider to be on safer side, in case I need to stay longer for any reason.
If I come eariler than 6 months would it have any impact in terms of the residency time that is counted
for citizenship?

2)After I get the rentry permit and do not go for some reason, what would be its impact on my GC? should I cancel the renetry?

3) I guess we need to file two separate permits for me and my spouse? correct?

4) Should I wait until I recieve the re-entry permit before I leave for India or is it ok if i apply and leave and have someone mailed to me?

Thanks a lot in advance. Highly appreciate your service.
 
Hi Rajiv,
Thank you very much for your service!
I'm currently working under a TN2 visa and my current company is trying to get me an H1B visa but they have no idea what to do and they want me to solve all the details.
so here are my questions
1- Should the first step to take is to fill a LCA 9035? what's the difference between LCA 9035 and PERM?
2- My current position is Management Consultant but my new position will be as Computer Support Specialists, can it become a problem? my Bachelor's degree is in Business Administration but I have a wide experience in computers. According to http://www.flcdatacenter.com/ CSC Education & Training Code is: No Level Set
3- Does my company need to post my position in the local newspaper? or this only applies in PERM?
4- I've noticed that the 9035 form requires a Period of Intended Employment will these dates have a directly repercussion on my H1B visa? I guess that my question is, if my H1B approval takes longer than the desired begin date. Will I still get those dates? or will they be moved accordingly?

Thanks a lot in advance. Hope to talk to you tomorrow.
Regards. Fernando
 
Thanks a lot Mr. Khanna for such a wonderful service to the community of immigrants.

I am under H1-B visa status since 2003. I have been granted two extraordinary extensions while the company was waiting for the Labor Certification decision. Last year after the last extension we received the denial of the LC thus I have a current status until September 5th. of this year.

Last November I traveled to my country (Venezuela) for personal matters and my visa was held by the Venezuelan consulate for an “internal administrative procedure” and I could not came back to the US by the time I had planned. During my stay I was subject of persecution and torture because my former involvement with the opposition. The consulate granted my visa back at the en of January of this year so I apply for asylum as soon as a got back. Since I am under a valid status, I have been waiting for the decision via regular mail but I have not received it yet. My question is:

- In case I reach the day 150th. (July, 28th.) with not answer, can I still apply for the EAD and keep working with my current employer?
- If I do not receive the EAD before the day that my current H1-B authorizes me to work must they lay me off?

I highly appreciate your help. God bless you!

Hector
 
Expired I-94

Hello Rajiv,

Here is my situation. Recently applied for 7th year H1-b extension but got query(Maintaining Status) on 6/10/2011. My I-94 on the white card was expired on Dec 2009 and my h1 visa is valid till 23rd june 2011. While applying for h1 extension when i asked my attorney about expired I94 ,they said that it is not a problem till i have a valid i-94 on I797. Is this true? Uscis is saying that h1-b extension cannot be done as i am out of status. What are my options.

Here are the timelines:
1). 29th May,2009 left USA and arrived in India on 1st Jun,2009
2). 15th Jun,2009 returned to USA. At Port of entry, showed previous employer visa stamp and they gave me the I-94 which is valid until Dec 28,2009.
3). Aug 28th, 2009 went to Tijuana, Mexico for US Visa Stamp. Got visa stamped with Present Employer and they cancelled previous employer visa stamp. While returning to USA, they didn't gave me the new I-94 and we entered with old I-94 which is from previous employer.

Request for Evidence (RFE):

Maintaining Status: Provide the following evidence to establish that the beneficiary was in a valid nonimmigrant status at the time the present petition was filed:

Untimely Filing: The petitioner filed the instant petition of the beneficiary with a request for extension of his or her nonimmigrant status as an H-1B alien performing services in a specialty occupation. Service records indicate that the beneficiary's prior approved H-1B petition (WAC-XX-XXX-XXXXX) was valid from September 1,2008 to June 23,2011. However, subsequent to the approval of petition WAC-XX-XXX-XXXX, the beneficiary departed the United States and returned on June 15,2009. The beneficiary was issued an I-94 card valid until December 28,2009. Based on the beneficiary's recent issuance of a new passport it appears that the beneficiary's stay may have been limited due to the expiration of his passport. At this point it appears that the beneficiary has been out of status since December 28,2009.

Title 8, Code of Federal Regulations ("8 C.F.R") 214.1(c)(4) provides Service to excuse, in their discretion, the untimely of a petition:

Timely filing and maintenance of status. An extension of stay may not be approved for an applicant who failed to maintain the previously accorded status or where such status expired before the application or petition was filed, except that failure to file before the period of previously authorized status expired may be excused in the discretion of the Service and without separate application, with any extension granted from the date the previously authorized stay expired, where it is demonstrated at the time of filing that.

I really appreciate your response.
 
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H1b visa extension stamping denied-221g- possible visa revocation and next steps

Hello Mr. Khanna and entire team,
My sincere thanks for helping thousands of members with immigration issues,
"I have been in USA on H1b visa working for same company for last 5 years and multiple clients.My first H1b extension was succesful with Visa stamping on my passport and recently i went for 2nd H1b extension at US consultate in India. My Green card is in process and Perm labor +I140 is approved.
Few months back,we went for second H1b extension visa interview (E-V-C model) at US consulate in India ,I was handed over a 221g(green color) form eventhough all documents were submitted. I was told by Visa officer that i need to wait and Consulate with get back to me on next steps. No extra document was requested by Visa officer after interview and i have waited for almost 5 weeks when one fine day while calling almost everyday and writing emails everyday, i came to know that my Visa has been denied and I797/I129 approvel has been sent to USCIS for revocation."reason -"YOUR PETITIONER DOES NOT APPEAR TO BE EITHER ABLE OR WILLING TO PROVIDE QUALIFYING EMPLOYMENT IN THE UNITED STATES IN ACCORDANCE WITH APPROPRIATE LAWS AND REGULATIONS"
All required documents of company,SOW with client,client letter, pay stubs e.t.c were produced during interview.
Now, i am in process of h1b transfer with a decent company having direct clients.
My question:
1) Will my previous H1b visa extension denial cause any issues with H1b transfer and stamping at US consulate in India? ( Any recommendations/tips to be followed during H1b visa stamping )
2) When can start my GC- PERM process as my I140 is approved with Oct-2007/EB2?
3) Can my GC process with previous company continue based on approved I140 in parallel to new GC-PERM process so that when my Priority date becomes current, my previous company can file for I485?

Thanks a lot in advance.
DD
 
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