Recording available for download for March 18 Conference Call

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monica1

monica1

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Recording available for download for March 18 Conference Call from immigration.com.


Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Date: April 1, 2010

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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Switching Jobs
=========

Hi. I am currently on OPT (F1 visa, OPT expires in June 2010) and have been working for my current employer for 8-9 months. My employer will be filing for my H1 this April 2010.
I am looking to switch jobs - and am wondering when would be a good time. Obviously not right now as I cannot find another employer in time to file H1B in April, right? Is it after the appliocation has been filed? Or after I get receipt from USCIS? Or only after I receive I-797 etc? Please advise.
Thanks
 
Reg: EB2 – 3yr degree

Hi Rajiv ji,
Thank you for taking my question.

Labor Details: *Job Title: Sr. Programmer Analyst, *Education: minimum level required: Master’s, *Major field of study: computer Science/Engineering. *Is there an alternate field of study that is acceptable = Yes, *If yes, specify the major field of study: Mathematics/Business or any other related filed, *Is there any alternate combination of education and experience that is acceptable = Yes, *If yes, specify the alternate level of education required = Other, *If other is indicated in question, indicate the alternate level of education required= Any combination of Foreign Education Equivalent to US BS degree is acceptable.

*I-140: Got NOID – “The ETA-9089 requires an equivalent of Master’s degree in computer science, Engineering, Math, Business or a related field. The ETA-9089 also allows for any combination of foreign education equivalent of US bachelors degree along with five years of progressive experience. The evaluation indication that the beneficiary’s Bachelor degree is a three year degree and was followed by post graduate diploma in computer sciences. A three year Indian degree cannot be combined with a post graduate diploma to satisfy the foreign equivalent of a Bachelor’s degree.
Although the beneficiary has the required five years of progressive experience, it has not been proven that, He possesses one degree that is the foreign equivalent of US Bachelor’s degree. Therefore, the beneficiary does not meet the education requirement of the ETA-9089 and thus is not eligible for classification as a second preference alien”.

I have 3 years Bachelors degree (Math) + PGDBM 1year from same University + PGDCS for 1year (Private Institution) and 10 years of IT experience.

When applied for I-140 they missed to included my PGDBM (Business Management) certificates, even existing Education evaluation report not included my PGDBM.

Questions:
1.Getting a New Education Evaluation including this PGDBM, (my point here is pre-requisite to get into PGDBM in this University, is Bachelor’s degree pass) does it help me? In the past is there any precedent decisions made by USCIS on similar case.
2.If they don’t accept this argument, Can I request for EB3 in the same letter?


Regards,
Sai4GC
 
Hi

Hi Rajiv,

How are you. Fisrt of all , thank you for all your valuable suggestions.

1). My 6th year H1-B Visa expires in Jun'2011 and my PERM was filed with my current Employer in Aug'2009 and perm was not approved yet. Now, I am planning to change my Employer but the new employer start my perm in Sep 2010, but my 6th yr visa expires in June 2011.

Am I eligible for 7th yr visa extention from new employer? kindly give me your suggestions for 7th year visa extension.

Thanks,
Shiva G
 
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Hi RAjiv, I just got my labor approved and my lawyers says I must wait until India's priority date becomes current. He does not know how long that would take. How long before that happens? He said he would apply for my I140 now but I485 could take up to 2 years.
 
HI.

My wife received a NOID in Sep 2009 and we mailed all the documents back in October.

1) We havn't heard from them after that except date on my profile changed to Jan 2010 but info remains same.
2) Only reason I have not inquired about my case yet is because I also filed for EAD in Jan and I dont want to take any risk in case they deny my case and EAD get denied automatically (is this right approach)

Thanks
 
Hello Mr. Khanna,

I have the following questions regarding change of status:

1) I am currently on an H4 visa. I plan to take up a Masters Degree Program this fall and will be moving to an F1 status in the second year of the program. Given the current processing timeline, I should be on H4 status when my husband applies for I-140 and therefore he can include me as a dependent. Can I change my status from H4 to F1 using form I-539 after my husband has filed for I-140 or after I-140 has been approved, and are there chances of my F1 getting rejected? If so, is it advisable to apply for change of status (from H4 to F1) before my husband's I-140 filing, and can I be included as a dependent in I-140 form if I am on F1 status?

2) Will there be any repercussions on my husband's GC processing (I-140 and I-485 stages) if I change my status to F1?

3) What happens if I am on the F1 status or OPT during I-485 stage? Can I be included as a dependent in the I-485 application and what are the implications of the same on F1/ OPT status?

4) Lastly, as a part of the masters program, I am looking forward to participating in some inter-university competitions, most of which have monetary prizes. Given that I will be on H4 status during the first year of the masters program, am I allowed to participate in such competitions? My intention in competing is purely to gain exposure and I am more than willing to forego/ donate the monetary award.

Thanks.
 
Hello:
Subject : NATURALIZATION
A) GC - July 2002 - Employer Based. Stayed with Employer in US till Nov.2004 - approximately 2years-4months after getting GC.
B) Nov.2004 - Jan2010 - based in India with 2-3 annual trips of approx. 1month each to the US. Did not violate the 6month rule. I was managing my own business in India. My registered address in the US is in Virginia - this is my relative's place. I use this address for all US Finance related transactions. Driver's License, SS#, etc....all VA address.
C) Feb.2010 - Back in US - working for US Co. - Based in Ohio but staying in a Hotel with weekend trips back to Virginia.

I would like to file for Citizenship:
1. Do I file from Virginia or Ohio ? N400 - Part 4 - Address & Tel - This would be VA info. as I am staying in a hotel in OH.
2. 2006-2009 - No US Income - so no Income Tax filed - how will that impact application ?
3. Married in 2005 in India - wife and kids are presently in India - do I mention them in my N400 application ? They have never been to the US and authorities here have no information about them.
4. Form N400 Q37 - are you willing to bear arms on behalf of the US - I am Jain by religion and bearing arms would be against my religion - what is your advice ?

Thanks you much for your help and advice.
 
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Hello Rajiv,

Currently on Part time H1 with the same employer who has sponsored my GC. Part time H1 expires May 2010, Can i go for extension for my H1 (part time) renewal?? 485 pending.......

Thankyou
 
Consular processing and visitor visa

Hello sir, thank you very much for providing this service, we really appreciate it. Had a question about my parents immigration process. I am going to apply for their I-130 in a couple of weeks and we plan to do consular processing.

They also have a 10 year visitor visa. Is it advisable for them to travel to the US for 6-10 months on the visitor visa while the GC is in process? Staying beyond 6 months will require extending the visitor visa.

Again thanks for your help and guidance,

regards
 
Hi Rajiv, and thanks in advance for taking my question.

My question is regarding my fiance's situation and if there could be any issue with her obtaining a K-1 visa.

Her situation is that several years ago she accepted a job with a USA employer, the employer filed an I-140 petition for her which was approved, but since then the petition has just been sitting at the NVC stuck in retrogression. Due to the long delay, the job offer from the employer is no longer there, but the employer hasn't withdrawn the I-140 petition.

When I file for a K1 visa for her, could the fact that she already has an approved I-140 be a problem? Or does USCIS not care?

Thanks again.
 
USC's Parent for Consular Processing (immigrant visa)

Hi Rajiv!

Case info:
My father's I-130 is approved (IR5) and case is currently with NVC. Father has visited US 3 times (10 year visitor visa). On his 3rd visit (in 2008) he filed for change of status (B2 to R1), sponsored by a local temple (through an attorney). The application was denied after about 11 months of processing. Reason given was that the sponsoring organization did not meet some criteria (something about that organization classification). My father then voluntarily and immediately left the US, and has been out of the US for more than a year. As I understand, his stay in the US after his I-94 expired, and while the COS app was pending, was a "period of authorized stay." Also, his COS app was timely filed (before expiration of I-94), was non-frivolous (it was also not denied as such), and he never worked in the US. I became a USC last year and filed I-130 for him. We are expecting an interview at the consulate in the next few months.

Questions:
1. Can the US consulate deny him a immigrant visa?

2. Can a US attorney represent someone who is outside the country and will be interviewed at a US consulate? How does it work? Will representation help in our case?

3. How can an attorney help with CP cases? Can they communicate with the Consulate to clarify/sort any issues they might raise? (Not sure what an attorney can or cannot do when it comes to dealing with the consulates.)

4. In case of a denial by the consulate can an attorney file appeals/challenge the decision, assuming there are grounds for it? How does it work?

Thanks very much for any insights you can offer.

Best wishes to you!
 
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H1 to F1 with I 140 approved

Hi Rajiv,
I have a follow up question on my H1 to F1 (with I-140 approved) situation. I talked to the international office at the school that I have been admitted to. And the consultant advised me to withdraw my I -140 before going for F1 stamping. According to him it would greatly improve my chances. Further, if I do not withdraw my I-140 it is possible that I might be refused entry at the Port of entry.

My question is:
1. Do I need to withdraw my I-140?
2. If I withdraw my I-140 and still do not get the F1, can I again apply for I-140 with the same employer (using the same labor application)?
Thank you so much for taking the time to answer my question. Your advice has been extremely valuable for me.
Thanks
Mani
 
Does USCIS allow the public to see how many I526 and I829 applications were approved from each EB-5 Regional Centers ?

Does USCIS allow the public to see how many complains or lawsuits have been filled against each EB-5 Regional Centers ?

Does USCIS allow the public to see when each EB-5 Regional Centers was approved and when each investment project was approved?
 
Please advise if I should file for H1 B this April....

I am in L1B through company A and its expiring on Dec 2010. I am applying for H1 through company B and if it gets approved :
1) Will there be any problem if I go back to India and come back to USA through a new L1B petion and stamping from company A itself(after H1 approval), Can I use the approved H1B from company B to switch jobs after coming back to USA on a later date.
2) My husband is in L1B, Is there any problem if I switch to L2 after Dec2010 (after H1 approval) and later can I use the approved H1 to join the job

Please advise, I need to apply for H1 only if it can be useful after above scenarios.
 
IR1/CR1 - DS-230 and Speeding Tickets

Sir,

I have a question about DS-230 (Immigrant Visa Application based on citizen spouse - IR1/CR1). - consular processing at bombay, India.

Que-41 : Have you ever been charged, arrested or convicted of any offense or crime ? (If yes, give explanation)

Does SPEEDING TICKET CITATION (MOVING VIOLATION CITATION) come under the category of CHARGE or OFFENCE ?
SHOULD I report it on DS-230 Part II, EVEN-IF, I paid them off by visiting court and fines were $200, $150 and $50. NO ARREST. I don't carry any points on my Driving record.

What should I answer ? Yes or No. If yes, what should I put as explanation ?

Thanks a lot.
K
 
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Thanks Rajiv in advance

Posting for a friend….

Case:
I am on H1B for Company A. My wife entered into USA on H4. After some time we filed H1 for wife and got it approved from Company B while she is still in USA.

She never worked on H1 or got it stamped in passport or left the country since she entered on H4.

Now she has to change it to H4 based on my H1 from Company A.

Questions:

1) What is the process involved to change from H1 to H4 for her?
2) Can she file a H4 while she continues to stay in USA and get it approved?
3) If she can file H4 will it be Company A or Company B?
4) Once approved can she continue to stay in USA or have to go out of country with in 90 days and get it stamped in passport?
 
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I have been in the US since 2003 on an F1 visa. I have earned an Associate's and Bachelor's Degree while in school here. I also have been working, full time, and filing income taxes for the last 3 years, with the IRS. My I20 was terminated by my school, since I graduated early. It should have been good until August 2010. I would like to stay in the US and wonder what options I have.
 
Hello Rajiv Ji,

I got my GC in Nov 2004. I did my High School and under grad school in US. During this time I worked part/full time also. Last year (Sept 2009) I joined PG studies in foreign University (affiliated / recoganized with Department of US) as full time student. You were kind enough to take up my question and advised me in Sept 09 also. I submitted my N-400 application in Dec 2009 and was finger printed in Feb 2010. Now I have interview scheduled this month. I want your advise with the following:

1. I had only one trip of about 4 weeks earlier in last 6 years way back in 2006. Now I had 3 trips in last 7 months of about 3 months, 1 month and 1.5 months out of US. These trips are back to back with about 2 weeks stay in between in US. Would it create any issue regarding residency establishment or meeting physical presence requirements etc.
2. I have my DL, tax transcripts for last 4 years (including one for 2009), Bank and CC statements etc. Are they sufficient or I need some extra documentation to establish residency. I live with my parents. Do I need some of their documents like Home Mortgage, utility bills, their Tax returns etc at the time of interview.
3. I have US Federal subsidized loan for my studies, would that help in establishing that my stay is temporary only for studies. Do I need some additional documents from foreign University indicating their affiliation/tie up with US.
4. Would it be advisable to request IO after interview to schedule oath after 2 months or would it create some issues. Is it better to make request to reschedule oath after you get oath letter or you can request at the time of interview.

Thanks in advance for your guidance.
 
Dear Mr. Khanna,

Thanks for taking my question.

My cousin who is a US Citizen married a Physician who is on a J1 Visa. His J1 will be expiring in June 2010. If he does not receive any offers before June 2010 from any of the hospitals to sponsor for his H1, what are his options? What is the procedure for her to file for his Green Card? Are there any restrictions that she needs to take into account while filing for his GC?

Thanks for your answer
 
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