Recording available for download for March 17 conference call with Rajiv

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monica1

monica1

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

----------------------------------------------------
Topic: General Immigration Related Questions
Next Date: March 31, 2011
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST

Conference Dial-in: 1-712-432-3066
Conference Code: 531023


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.

Last edited by monica1; 31st January 2011 at 03:17 PM.
 
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Hi Rajiv Ji,

Thank you for taking my Questions:

1. With 11 yr exp and with WES evaluation (3yr degree = 4yr us bachelor) can I apply for EB2 I-140?

2. I want to visit India, using AP or getting H1b stamp in India? which is better, Please advise me.

Regards,
sai4gc.
 
Hello Rajiv,

my case is, I am student of TVU from June 2010 and on 22nd Nov 2010 I filed for H1-B General Processing and after university shutdown I have upgraded my H1-B processing for Premium Processing. I did not hear any thing from USCIS about my H1-B Processing not even RFE.
What are my options ?
Do I need wait for my H1-B Visa or Apply for a university and re-instatement of my SEVIS.

Thanks
Regards,
Kalyan
 
Hello Rajiv,
I am a Canadian citizen now married to a us citizen for 1 yr. I filed the I 130 and got a notice stating I was approved. However the approval notice said that I'm not eligible to file an adjustment of status and my case was sent to NVC. Why am I not available to adjust if I been approved??

Thank u for you help in advance..
 
Hi Rajiv,

I am preparing to apply for TN status but I had a rough time with HR. HR wants SSN to do a background check but since I am currently on H4, I am not eligible for SSN as far as I understand. While searching around for a solution, I stumbled upon a few posts about "non-working" SSN - is there really something called "non-working" SSN? How else can a background check be done if one does not have SSN?

Thanks a whole bunch in advance.
 
Family based Green Card

I very much appreciate your services to community. I had GC interview along with wife on 18th Nov 2010 at Newark as our daughter sponsored us. Officer did not take interview as Petitioner was not with us . We explained it is not mentioned in interview letter and were not aware of such rule. We were not allowed to call her also. While we had taken up matter with USCIS and congressman but they issued denial notice for I130 and I485 on 28th Jan. 2011 considering this case as Abandonment quoting Section 103.2(b) of Title 8 of code of Federal Regulations..
We were in Canada on AP when denial notices were issued and travelled back to US on 6th Feb2011 on AP. Stay allowed as per visitor’s visa already expired on 24th Dec2010.
As per denial notice we were given options of Motion to Re-open or Re-filing. Considering MTR will take more time and case will go to the same officer, we re-filed I130 & I485 and receipts issued by USCIS on 14th Feb2011 within the time given to us i.e.30days (28Feb2011) . I have following questions about this issue :
1) Was traveling back to US after issue of denial Notice will have impact on new application-
2) Is our status is Ok after re-filing as we were Out of status on the day of re-filing .
3) Can USCIS start removal proceeding as mentioned in denial notice even we have re-filed the applications.
Shall be grateful for your advise .
Sabah
 
Rental income on H1

Rajiv,
Can persons in H1-B status rent their home out and derive income? It should not be any different than making money through stocks, business (w/o being employee) etc., correct? Thanks for addressing the issue.
 
port EB-3 to EB-2

I have my labor approved with my current employer on EB-3 with PD = Nov 2006 & I-140 approved with I-485 filed as single (not married then) during the August 2007 when PD current for all happened.Now since the EB-3 dates are hopelessly stagnant, i am seriously thinking about options to port my EB-3 to EB-2 using my current employer or through a different employer (offer pending with a new employer ).

My major issue is that my current employer has neither given me a copy of the I-140 approval notice nor the receipt number. In this situation ,i would like an expert attorney advise on what are my options if my current employer is not ready to PORT me to EB-2 nor share the I-140 details..

Please let me know if i can get some advise on this

Thanks,
Raghu
 
H1b

Hi Rajiv,

Thanks for taking time to answer our questions.

I am a F-1 student graduating in May. Since this is my second master's, I used up my OPT. I have a company who is willing to do my H1B but they need someone to start earlier than October. Could you please tell me if there is any other status or visa for me to start working until the new fiscal year kicks in? Could I apply to another program and do CPT maybe? I appreciate your assistance.
 
Effect of Business on H1-B in green card process.

Hello Rajiv,

Thanks for taking my question.

I have started a business on H1-B, but I am not working in it. I wanted to know will this impact my green card processing? Are there any chances that the query may rise regarding the business?

Appreciate your service.

Thanks
Akshay.
 
I-140 revoked after GC approval

Hi Rajiv.

I-485 got approved and got GC from sponsoring company on July 2010. Have been working with them from that date. Now, planning on leaving company to start my own business.

Company is threatening that if I leave now they will revoke my I-140 and notify immigration that 485 was fraudulent.

I have kept the W2 and all the pay stubs as well since July 2010, when I started working with the company.


1) If company does revoke the I-140 now, since GC is already approved, what impact does it have on my status/GC?

2) Can they harm my 485 case now?

3) Can I change my field and start my business or should I allow more time to pass?

4) Is 8 months sufficient time to have been working with company after GC approval? Will I have any problems during Naturalization?

Thanks

Appreciate the help
 
I am a current Legal Permanent Resident with a Green Card. The Green Card is dated 07/19/2006 and as an asylee, I was wondering when is the earliest I can apply for US Citizenship?
 
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Help put a family together

This is a hard story to explain but a very long story short, i have a 20 year old cousin who needs a litle help and advice and I am trying to help him out as best as I can.

Right, lets give it a go

My cousin met an incredible girl a few years ago online and became good friends. last year he managed to save enough to go and visit for three months. On arrival to the US, he was pulled aside at customs and was pretty intensely interviewed on his intentions in the US. At this time they were not together, just friends so they were honest and open with immigration and stated that they were just friends but you never know what happens.

Well within the three months they became closer and finally got together. i think he proposed at the end of the visit (i think ) and he returned to the UK.

This was last summer. this year she travelled here for two and a half weeks, and they decided that rather than settling in the UK, my cousin would like to move over to the US where his now Fiance has two other young children.

At this point my cousin is working hard to get a qualification that would help his chances of gaining entry to the US. However he has just learned that he is about to become a father for the first time and he is over the moon, but also scared stiff.

Like anyone he doesnt want to be 2000 miles away whilst his fiance is going through anti natal appointments, scans and the eventual birth of his child, and he also cannot afford to fork out to lawyers and immigration consultants that could go to his child

basically we need to find out which visa is best and any information that would help him get started with the immigration process. he is without any major qualification at this time and has no worked based experience. he has little savings which will now go to help fund his new arrival and he is wondering if the questioning from US immigration will play a part (although everything he has said is true to them)

I know it is a large subject to advise with but he doesnt have anyone to help him and this lad deserves a bit of happiness. If anyone can if anything, give me a place where i can start to help him. it is going to change a lot of peoples lives

thanks again in advance, i am really looking forward to hearing peoples thoughts and advice!

Mark
 
Hi Rajiv,
I came to US in C1-D visa, after two contracts I filed for assylum. Still pending. I got married to a girl from my native country. She is in F1 status and planning to move to Australia for her bachleor's. We both want to go together, myself as her dependent. Is it possible from here without going back to my homecountry?
My wife intends to try for colleges staying here in US, Is it possible or she will have to return to her country to carry on this process?

thank you.
 
Hello Rajiv,
I am in GA on an H4. The attorney forgot to file for an extension along with my spouse's H1B(premium). My spouse got her H1B while my H4 extension has just been applied. Problem is my I94 is expiring on March 20. I am unable to get an extension for my drivers license which expires on the same day as the DMV insists on a valid I-94. What can I do? Can I sue the attorney for a India trip travel cost to get a new I94?
Thanks
Rokur Tubey
 
Hello Rajiv,

My case is
I got married and moved to US in Jan 2011. I am currently on H4 and filing my H1B on 1st April 2011 . Can I go India during this process or util it is approved ?
 
Hi Rajiv Ji.

Subject: H1 Approval notice withdrawn before change of status date. Is it cap counted?.

I was on a F1 when my H1 approval notice came through. Was laid off before effective change of status date of Oct 1, 2009 and the H1 was also withdrawn by Sep 14, 2009. Later I did a COS from F1 to H4.

Effectively, I had a H1 approval but was never on a H1 status. Now, I want to do H4 to H1 COS and am wondering if my petition will be cap counted.

Thanks,
Sincerely,
Subhas
 
Single, unmarried female over 21 sponsored by parents for I-130, whose approval notice has come through and the case has been sent to NVC for green card allocation. Parents will be getting US citizienship in April; will this speed up process of getting green card issued?
 
Hi Rajiv,

Iam posting this Question, on behalf of one of my relative:

she is on H4, got a offer from Citizen couple to work in their house as Maid/Cook and to take care their 2 children. To do work can she transfer her H4 visa or what kind of visa she need to apply. Can your office will help in this regard and how much it costs for processing.

Thanks a lot for taking this question.


sid
 
Hi Mr Rajiv:

My relative is on J1 visa expiring on May 31 2011. She has got her J1 visa waiver already end of Dec 2010. Is it possible to continue on J1 after getting waiver? also can one apply for extension of J1.......My understanding is this would make the Waiver null/void. Is this correct? Has the person to change the status to either H1, O1, H4,etc after waiver to continue to stay in the US after expiry of J1 (DS-2019)?

Thanks for the reply
Ashok
 
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