Recording available for download for June 30 Conference Call

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monica1

monica1

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Recording available for download for June 30 Conference Call, http://www.immigration.com/free-community-conference-calls

NEXT CALL----------------------------------------------------
Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Date: July 14, 2011
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST

-----------------------------------------------------
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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Hi Rajiv,
Mine is EB2 case with PD may - 2007 and my 140 also approved in 2008.
My company has around 250 consultants on payroll and Financially very stable.
I am with this company from past 6 years he is my EB2 sponsor.

My EB2 petition salary is 80k.
My current H1B LCA is 72 k,
all these years (2006-2010) my w2 are in the range of 70-90k,because of break in project
for couple of months in jan and feb/2010 my company maintained salary of 5k/month
(to compensate the bench payment in jan and feb) from july on words they agreed to make more payments as per H1B LCA.


Will this be problem at 485 filing ?


Thanks
Jayanth J
 
Dear Rajiv,

First of all let me congratulate you for the wonderful service that you have been providing which is extremely useful for thousands of immigrants like me.

I had gone to India to visit my parents while i was pregnant which also was immediately after getting the GC(Green card). But due to health reasons as per doctors advice in India I had to deliver my baby there itself .I am returning to US next month. The total number of months i was away was for 8 months. I am aware of the ONE year rule which might be a clause for abandonment of the PR status.But i also read on couple of immigration blogs that you may be questioned extensively at the Port of entry by immig. officers even if you are away for a gap of more than 6 months.

Is this true?If so how should I substantiate my case.Should i be bringing any specific documents/Gynecologist's letters etc ?My baby would also be with me at that time.

Also I was told by the consulate over here that the baby doesn't need any visa ,since I (parent) is coming back to US for the first time after getting the GC.Would the child be issued the physical green card at the port of entry or is it some document we need to follow up later ?

Thanks in Advance

Suzanne
 
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Hi Rajiv,
I'm on L1B.My visa has expired in May20th 2011.Extension was filed on May17th 2011.Got an RFE on June21st 2011.
My wife is 5 months(21 weeks) pregnant.What are my options to continue till Dec 2011?
I will be response to the RFE.If it is denied,From when my unlawful stay days counter start?
Will my L1B denial affect my future GC processing?

Thanks in advance
Regards,
Satya
 
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Hi Rajiv!
Greetings!

I have a couple of questions:

(1) I have my Labor approved and my employer is filing for I-140. When I ask him about my case number he wouldn't share that with me...any idea how can I get my Case # through USCIS or any other means. I tried the regular way but USCIS website needs Case receipt number which I do not have.

(2) The visa stamping in my son's passport has expired (he is here as my dependent on H4 visa) on Sep 2010 and his passport is coming up for renewal early next year. So if I send his passport for renewal will it be a problem? and what do I need to do in order to get his visa stamping current

Appreciate your help
Thanks!
Tinu
 
Hi Rajiv!

I have had my greeen card for over 9 yrs now and my GC will expire soon in Dec 2011. Since my husband found a job overseas in 2003 (my husband is a US citizen), we have been living abroad for more than 8 years now. I don't have a re-entry permit, but had been back to US several times. The last time I was in US was in 2008.

My questions are:

- Is it possible for me to renew my green card overseas?
- If I submit green card renewal, should I mention in any way that I'm currently living abroad?
- Is it possible to get my biometrics done overseas at an US embassy?
- We don't have any plan to stay in US in the coming near future. What suggestion do you have on my case?

Thanks in advance and appreciate your great help!

Regards,
Ada
 
Hi Rajiv,

This is Natasha. I am currently on L2 Status and my husband is on L1 status.

My Husband will be moving to H1B Status from October this year. Along with him my status would also change from H1B to H4.

On L2 Status I have opened up a Business (Registered LLC) in Partnership with a person holding the Green Card.

I have few questions regarding my change of status -
- What will happen to my company once my status is changed?
- Can I still be a part of the company even after the status is changed?
- Can I get the profit as a shareholder at the end of the fiscal year, after paying all taxes?
- Can I be involved in any business activity, such as managing, sales, meeting customers without geting any income? If not, what kind of activity can I do?

Regards,
Natasha.
 
Hello rajiv,

I am an F1 student and i got an internship in a company.While my CPT paper work was under process company ask me join ASAP and if i not they will cancel my internship.I ask in a offece where they approve my CPT that if its ok if i start my internship and lady said yes but she didnt know that i am an international student and my international office came to know about it when i went there to get my new CPT i20 and i fell out of status.I worked there of only 2 days.

International office ask me to file an reinstatement with i539 form.
i ahve no intention of working illegally.and my internship office is also ready write me a letter explaining the situation..
i will file reinstatement in 2 days and this thing happen last week..
What are my chances to get reinstatement approved?
Do you have any other alternative for me?

Thx.
 
Dear sir

my file no:******* so inform me approx time for visa call, also currecnt status above file
 
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Good morning ravi,

I'm about to submit my I-485 package along with my family's ( spouse + 03 children)

I do have an approved I-140 under EB2 category and the sponsoring employer has provided me with a letter to confirm that he will employ me upon obtaining of my green card with a salary of 125, 000 USD.


Question: my lawyer said that I would need to fill-out forms I-134 for all my family members including myself?
is it necessary and even logic that I fill-out a form I-134 stating that I will be supporting myself?
My thought process was to fill out 04 I-134 forms, one for each of my family member stating that I will be providing them with all required
financial support, along with two banks statement as evidence.
And for myself, to just attach the future employer letter which contains the yearly income.
Is it good enough? or do you think I need to also fill-up an I-134 form for myself?
 
Hello,

My wife's parents are visiting us (B2 Visa) from India. They were approved a 3 month stay but with SII NO EOS/COS stamped on their i-94. The explanation given were due to extension (approved) of stay during the previous visit and not enough time (3 months) between visits. However, I am wondering if we can apply for a family based green card during their stay and if that will allow them to stay with us longer than the approved time. We understand with the EOS stamp their stay cannot be extended. How about COS? Are you aware of any issues with that? Can we apply for their green card?

Both me and my wife are US citizens. I will truly appreciate your comments. Thanks in advance.

Sincerely,
Venky
 
RFE on H1 renewal

Hi Rajiv,

My H1-B expired on April 13, 2011.

I had filed my I-140 in October 2010 and was denied last month in May 2011. My attorney suggested that we appeal the denial and have done so. He also said that the appeal process would take 2 to 2.5 years – is this true?

I had filed the renewal of my 7th year H1 on March 16, 2011. Last week I received a RFE for that case.

If my H1 renewal is also denied: -

1) From when does the unlawful presence time start? When the renewal of the H1 gets denied or when the last H1 had expired (April 13, 2011)?

2) Can I file an appeal for the H1 as well and continue to stay in US until a decision has been made?

3) Since my I-140 is in the appeal process, if my H1 is denied, can I still stay in US since my I-140 is pending appeal?

4) Can I switch jobs and file H1 with another employer now?

5) What are my other options?

Thank you for your help,
Bobby
 
Hi Rajiv Ji,

Q. This is regarding my Son. Can we do this, He has H4 and I-485 pending ---> change to F1----> and when priority date is current, can I apply I-485 again? (This is because, though I have receipt notice saying his I-485 transferred and pending @ TSC. But, NSC denied his EAD, saying his case is @ TSC, After Congressional inquiry, now they transferred his EAD case to TSC, now just pending since jan 2011, So not sure about this I-485 case status.).

Q. When Iam working on EAD. Can other employer start new gc processes for me?

Thanks in Advance,
Sai4gc.
 
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Hello Rajiv Ji, my question is regarding my passport.
I have my appointment for test and interview on August 2 and my passport expires on July 26, do i need to renew my passport before the interview?
 
want to work part time and full time with an h1b

i have an h1b visa in company a and when I got another job with company b, it has been applied for transferring to company b. however company c is offering me a part time position which i can work on the weekends, can i use the same h1b i have now for those two employers who is both willing to pay the h1b transfer processing.
 
Hi Rajiv, Thank you for this service. I’m in I-485 pending (EB3) and my priority date is current for EB2 so I am planning of re-filing my case in EB2. My current employer denied to re-file my case in EB2. I have found a would be employer (small consulting firm) who is willing to file GC for me in EB2. I will start to work for them after I get the GC.
Q1. Is this doable without jeopardize my current H1-B status or current GC process?
Q2. Is there a chance for my current employer to know about this?
Q3. Will you able to take my case? If yes, please let me know how to proceed from here.
 
Hi Rajiv,
I am am a Spanish citizen, currently working as a elementary teacher in a Dual Language Program. I hold a J1 visa issued in July 2009 and expires in July 2012. My school offered me to sponsor me for a H1B visa.I am not subject to the two year home residence rule. If we apply for the H1B in April 1st I might not get it before the school year starts (August) and because my J1 expires in July, I'd be out of status. What are my options?
Thank you very much in advance.
 
My brother was 13 years when my mom became a naturalized US Citizen. Then she filed an I-130 petition for him and finally he became LPR in 2000, at that time he was already 17 yrs old or about to be. He entered without inspection (EWI) in 1987 and been here since. My mom became LPR in 1990 or 1991 I think. Can he still applied for N-600 instead of N-400? Does he qualify?
Thanks.
 
EB2 Approved after Ability to Pay RFE. Refiled EB3 got same RFE Ability to Pay.

Hello Rajiv,

My EB3 (labor substitution PD 10/2003) was filed in the year 2007 with labor substitution in July 2007. I-485, AP and EAD was also filed. The I-140 was denied and later appeal was submitted and also I-140 was refiled. Lawyer is mentioning that my appeal will be approved because it was denied incorrectly as it was a successor in interest case and same case has been approved without RFE previously in the same company. I-485 is still pending.

Recently, company filed an EB2 for me and they got and RFE for ability to pay and it was approved by showing W2 and Company's tax papers which are very strong.

Two weeks back, for the refiled EB3 I-140 they sent the RFE to submit last year W2 and company tax papers (ability to pay). I have $10K wage shortage because I took holiday and the same W2 was submitted for the EB2 ability to pay RFE. I wanted to know what are my chances of getting the EB3 approved as the RFE is same which was submitted for the EB2 ability to pay and that was approved? EB3 wage is far less than the EB2 wage. Also, my PD for EB2 is May 2011 and EB3 PD is Oct 2003, so if my EB3 is approved, then will I be getting the GC immediately by porting the dates? My I-485 is still pending as of July 2007.

Please advice. Thank you so much. Consultant
 
Hello Rajiv,

I'm an international student, My i20 had 2 yeas of validity to complete my masters ,but at the end of 2 years i still had one subject to be complete to fulfill my Full masters credits,So i took that subject but diden't extend my i-20 ,So now in the middle of semester i got the mail from my adviser that i20 is expired so you are out of status.

it was mid fall semester so because of summer sem gap, i was already pass 5 month time, i saw on net regarding reinstatement forms but they say u really need genuine reason, and i also diden't got necessary hepl from my International office people,they told me it's very difficult.
Do i stande any chance? i just need to finish my masters first.and worry abt OPT stuff.

thanks for the help.
 
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