RECORDING available for download for March 26 Conference Call

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monica1

monica1

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Recording available for download for March 26 call, http://www.immigration.com/improving_immigration/conference_calls.html

NEXT CALL INFO.
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Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Date: April 9, 2009

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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Dear Rajiv

I appeared for the H1B visa extension stamping on 29th jan 2009 at Mexico City.
My case was put under additional administrative processing and I was asked to submit employers tax filing documents and salary paid details of all employees which I provided.
When I joined my employer, he processed the LCA for the location of the company that is Illinois. From day 1 of my employment, I am working at Client site in Florida. My w2 wage is higher than the wages in both these states.

Do you think this prompted the officer to put my case under the Admin Processing?

Now my employer has filed an amendemnt to the LCA and put in a request to file an amendment to the H1 petition also. The petition is pending at the USCIS. He wants me to go to the Mumbai consulate again with the new amended petition and LCA and appear for the interview. During my Mexico Interview, my earlier valid H1B visa was cancelled.
Do you think this as a viable option or should I wait for the admin processing initiated by Mexico Consulate to finish.?
If the visa is rejected in Mexico, can I go to Mumbai Consulate again with the new papers?
Incidentally, I dont know the reason for admin processing. I am a Chemical Engineer working in IT. Do you think it is this reason or the LCA location?
 
follow to join, F1 or H1

Hi Rajeev,

I got married in Nov 08 and my GC approved in Dec 08. My wife is currently in India. Can I apply for follow to join, F1 or H1B simultaneously to bring her here? Which of the above options you think are better to pursue and would take less time so as not to complicate things?

Thanks,
Rao
 
H1 layoff - Possible options

Hi Rajeev,
Thank you for all your support to community.
1. I was laid off from Employer A in Last week February, same week had filed for H1 transfer(Normal) for Employer B. Searching for projects. Employer B will not run payroll until I get placed in project.
Last Paystub from Employer A was received on 15th March for my Unpaid vacation.
2. Suppose I get an offer from let's say Employer C, by end of March or 1st week April, will I be in better Off to file H1 transfer on C ? What are the chances of approval? Just wondering if by any chance I get any full time job.
3. Employer B does also accepting other H1 transfers,but they won't pay salary. When they file, they file as the requirement is for future to work on their products. Just wondering how USCIS treat such cases and what r the possibilities of approvals?
4. I'm here on my 5th year H1. I wanted to find out if I can apply new H1 for this year? Just to be in safe side, if in case my H1 transfer didn't work, I can try my chances in US through new H1B. What is your suggestion.
5. I'm here on H1 on 2004 year quota. Due to there was some delay in my H1 approval, I had approached to other company they had filed H1 in year 2005 and it was approved.
But in between the 1st H1 got approved, subsequently came to US on 1st H1.
I would like to know weather my 2005 H1 still valid. If so can I make use of it? Accordingly will ask that employer.

Thank you very much for your help.
Kris
 
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Labor (approved), 140 (approved), 485 (filed) were all done through employer A.

Switched to employer B on EAD, under the AC-21 provision (AC-21 letter, G-28N were submitted to the USCIS, switched after 180+ days).

It has been 5 months at employer B, not that it matters, but just FYI.

Employer A might revoke 140, I do understand that this shouldn't affect my 485 while I am with employer B, but here is my question,

If I decide to leave employer B and go back to employer A, could there be any issues due to the fact that they had revoked the 140 after I made the switch to B? Or does it still not matter, and AC21 allows me to conveniently segue back to them?

Thanks very much,
axp817
 
H1 (out of country) to H4 (entering) to H1 (possibly in future)

Worked with company A in USA till May 15, 2008 on F1-OPT. Applied for H-1B on April 1, 2008 and currently possess H1 from Company A which was approved and began on Oct 1, 2008. Never worked on this H1 as I moved to Company A's international branch outside of USA on May 15, 2008. On Leave of Absence with Company A USA. Still working with Company A but in their international office and paid by international entity. Have paystubs from Company A USA till May 15, 2008 and Company A International entity from May 15, 2008 till today.

1) If I quit Company A today, apply for H-4 on basis of my spouse's H-1 and enter USA on June 1, 2009. Suppose I find a new job a few months after being in USA. When I want to COS based on H4-H1 for this job, will I still be subject to cap? If so, what do I need to do to ensure I am not subject to cap.

2) Applying for H4 - should I do a COS or directly go to consulate in my country with my spouse's 797, marriage certificate?

3) Processing time for H1-H4 COS?

Just FYI - Company A is a well-known and reputed company with more than 150,000 employees and presence in 120+ countries. Me being on the international project is a genuine case and not a case of a shady consulting company etc. It is also well-documented on both ends.
 
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Ead / ap

Dear Rajiv,

Thanks a lot for your community service.


I got few questions regarding EAD / AP.

1. My wife is planning to stay at home to take care of our kid, Presently she is working on H1B and she also have EAD based on my GC processing. Once she quit the job, Is she can stay with me on EAD leagally without going to work? our 485 is pending for almost 2 years and I'm on EAD.

2. I just changed my job and I'm on EAD and about to file for AC 21.
Can I file my Advance parole / EAD by myself? If so, do i need anything from my previous employer (original sponsor of my GC) or my current employer?

Thanks and Regards,
Rharan
 
AC21 Same Or Similar Job Determination Logic

Question on AC21 Same Or Similar Job

Hi Mr. Rajeev,
I hope this question will help lot of our Community Members who are looking forward to use AC21 in these tough Economic Times, for most of us AC21 is the only Saviour.

We have read online that USCIS will use the O*NET published by the Department of Labor to determine if two jobs are Same or Similar or not

The format for O*NET Job Codes is : xx-yyyy.zz

For Example :
Job 1 has a Job Code of : 15-1035.00
Job 2 has a Job Code of : 15-1092.01

In the above example what is your Opinion about USCIS’s take on Same or Similar job determination.
What we are asking is how many Characters (Numbers) will the USCIS compare for their determination.

Will they use first 3 characters, first 4 characters or something else??
 
I-485 application denied.

Hello Sir,

My 485 was denied stating that "Your approved employment preference visa petition falls under EB3. Your priority date for the visa petition is May 5, 2003. The cut off date listed on the US depart. visa bulletin for the month that you filed your app., January 2005, in the employment preference category 3 was January 1, 2002. The priority date of your approved visa petition is not earlier than the appropriate cutoff date listed on the US depart of states visa bulletin for the month that you filed. Accordingly, the form I 485 application to register permanent residence, that you filed January 10, 2005 may not be approved and is hereby denied as a matter of law"

--My question is why is INS looking at the Notice date of Jan 10, 2005(Cut off date was Jan 2002) and not the received date which is Dec 29, 2004(When dates were current).

--How long does INS take to respond to MTR?
--Can I apply for H4 till the decision is made on AOS?

Thanks a lot Sir.
 
Employer change and I-140/I-485

Hi Rajiv,

I filed my I-140 and I-485 concurrently in July 2007. I got an RFE on my I140 recently and submitted the required documents.
I also applied for EAD and AP and have both of them and currently working using my EAD.

I plan to change my employer after I receive the approval notice. Here are a few questions I have -

1. I plan to change my employer but do not intend to work immediately. Can I remain on EAD without working?
2. If my employer revokes the I 140 (after it has been approved), and I am not working at the time it has been revoked, will my status be affected? Will the revoking effect my GC processing?
3. I know we can file for AC 21 but this is possible only when I have found an employer, so what needs to be done in the interim?
4. Would there be any issues if I convince my employer not to revoke I-140? In such a case would there be any issues if I stay unemployed for 3-4months (unpaid)?

Please help...

Thanks in advance,
 
Hi Rajiv,

Thanks for your time and help. I really appreciate this opportunity. I have a question about J-1 visa and specifically J-1 waiver, 2 year home residency requirement.
I came to US on J-1 and did my bachelors. My passport has a note that bearer is not subject to Section 212 (e). I finished my bachelors and applied to a masters program. I got admitted and I applied for change of status. My application was denied. I appealed, it was denied again. I left the country for a semester and then applied for F-1 visa through embassy. I started my program and left US one more time. Got a new visa with no problems. I have been on F-1 for almost three years now. Finally to my questions:

Do I have to worry about J-1 visa waiver?
Can it become an issue in the future if I want to apply for H1B or Green Card?
Can someone for sure tell me I do not need to apply for waiver?
If I need to apply for a waiver, when should I apply?

Thanks in advance
 
Hi Rajiv,

Thank you for all your help for the Immigration community. My question for today is. I filed my I-485 when the dates are current in 2007, My PD is Dec 2003- EB3. My wife was studying in India in 2007 and I couldn't file her I-485 at that time. Now attorney is telling that he can file my wife I-485 and EAD and can get an EAD soon. I would like to check if I-485 & EAD filing is possible when the dates are not current?

What my attorney is telling is, he can an appointment with USCIS and can explain the situation to the officer saying the reason behind. My only question now is, Is that possible? Am I being mis-guided? My understanding till date is no one can file I-485 with out the dates being current.
 
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B2 extension - will not get decision before current I94 expiration

We are in the US on a B2 visitor visa (multiple entry) and my I94 is valid till April 1st. We applied for an extension on Feb 1st but it seems like that we will not get a decision by the expiration of April 1st. We were told by USCIS that we can stay on till we hear back from them or 240 days, whichever comes first. If we stay on after the current I94 expires and then the extension gets rejected, even if we leave within the time frame in the rejection letter, will it affect our original visitor visa?
 
Hi Rajiv

My question is about i-94 and i am here on my H1b visa

My i-94 was expired on december 2008 as my passport has expiration date till december 2008 at the time i was issued this i-94 ie in march 2008. I renewed my passport but forgotted abt i-94.

I have valid h1 visa till end of 2010 and valid passport and 1-797 valid till 2010.
what should i do now?
How can i get a new i-94 could you please help me in it.
Is my stay in us legal or illeagal
I am really very much worried about it.
 
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H1-B Extension & General Question about Employer Transfer

Hi Rajiv,
Good Afternoon,
I currently have an approved labor and pending I-140 with my current employer A. I am planning to shift to a new employer B. Can I port my PD after I get my I-140 approved, even though I am with a different employer, provided that Employer A hasn't revoked the I-140.

Second question, I have 5 more months to complete my 6-year period on H1-B. I am planning to shift to a different employer now who agreed to do my transfer and extension based on approved labor. Lets suppose the new employer B has filed my labor just before 2 months of completion of my current 6-year period. Will I be eligible to apply for premium I140 processing with employer B after the Labor is approved.

Third question, with the labor from employer B in pending state, will I be eligible for 1-year H1-B extensions.

Thank You,
 
I had a question regarding my GC application.

I used to work for a consulting company who also filed for my GC. My application was filed as EB2. I am from ROW category.It was filed in 2004. My W2 income was less than mentioned on my LCA of GC for last 2 yrs..Last yr the company got audited.I filed for next stages in Aug 2007.i.e 140/485/EAD/AP.My employer has not been forthcoming about the status of my 140. This month I got an LUD telling my case was transferred from TSC to NBC.The letter also said I will be called for an interview.
A few more things. I had an arrest about 3 yrs ago for sitting too long in the restaurant. The case was dismissed. I also had a DV case in 2006 which was dismissed.Both were classified as misdemeanor.
Now I have a full time job with a different job description.Can I file AC-21 and change to this company before interview. My former employer gave a go ahead to do so last yr. i.e look for jobs outside the consulting company.
Does the interview mean
1) My I 140 is approved
2) My name is cleared.
 
Hello Rajiv,

I am really looking up to your help in clarifying these issues for me.
I am currently working as a physical therapist in a nursing home setting on a full time H1 B visa with my I 140 being processed by the same company. I have been told by my colleagues that i could additionally acquire a part time H1 B visa and work upto 20 hrs per week as a physical therapist in a different setting? Is that true and legal and does it have any consequences on my green card processing? Is this part time H1 B subject to cap limit and has to be filed before 1st of April? How many part time H1 B's can you have at a time? Is the paperwork for filing this part time H1 B different or if this is similar to the full time H1 petition that my lawyers had filed for me before?

Please enlighten me on this issue as another part time job in this economy might make things seem a little certain for me especially with my husband in the finance industry and layoffs seem to happening everywhere around you.

thank you.

Priyanka.
 
H1 transfer / H4 visa

Hi Rajeev

Thanks for your time and help. I really appreciate this opportunity.
I am working here on H1 B Visa and planning to get married in OCT
I ve 2 questions :
1) Its regarding H1 Portability. I ve transferred my visa from Company A to
Company B in July 2008 and have the valid I797. The visa stamp that I
ve on passport is belonging to Old company (company A) which is valid
till sep 2010.
I am travelling to India in OCT 2009 and will be coming back within few
weeks.
While coming back to the USA,
a) Do I need to get the new VISA STAMP of my current employer
(COMPANY B) or
b) will it be legal to show my old employer's VISA STAMP and I797..AND
i ve to show that i m still employed with him ? or
c) Is it ok to show my OLD VISA Stamp and I797 of my new employer ??
with any other recommended documents..
I m worried because now a days at POE, officers are really strict and no of
people being deported is really increasing..

2) I am applying for H4 VISA for my Wife.
I wanted to know about the rules regarding the spouse's name / surname
requirement on the applicant's passport while visa stamping.
Is it mandatory for her to endorse her husband's (my) name or surname
on her passport.
 
Hi Rajiv,
I'm a US citizen and planning to sponsor my brother in the family-based category. He has an 18 years old son; currently pursuing BS in India but
intends to do MS from USA. Now, if I sponsor my brother, certainly his son (18years old) would also be on I-130 so I'm concerned that my nephew may be denied F1/Stduent visa as his name is already on I-130 ?

Also, visa form DS-156 for students has one question "Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf? I'm afraid that this question will make him not eligible for F1? I would appreciate if you could comment on this please.

Thanks
Ram
 
Hi Rajiv,

I am working on the east coast on H1 (2007 Oct to 2010 Oct). I recently got married and my spouse works on H1 in the west. I have been looking for jobs without much luck (with the hope of transferring H1).
I am ready to be without a job for a few months till I get a new job but obviously cannot do that on H1. Please advise.

I have read various threads on H1-H4-H1, but is my understanding correct?
Now, I am working and in status. So, I would have to leave the job, not stay longer than my paychecks (max 2 weeks of accumulated PTO), travel to India and return on H4. Then look for jobs in the west and when I get one, transfer my H1 (or is it a reapplication using old 797 approval quota?).

Could you please shed more light on this idea and execution? Also please help sharing any other ideas you may have.

Appreciate your help.
Thanks a lot.
 
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