Recording available for download for March 4 Conference Call

Status
Not open for further replies.
monica1

monica1

Administrator
Staff member
Please download the recording for the call. http://www.immigration.com/free-community-conference-calls

Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next Call Date: March 18, 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
 
Last edited by a moderator:
Can I change my employer during my GC process?

Current status : EB2 Approved and I-140 is waiting for approval.

Can I change my current employer after I-140 is approved without affecting my GC process ? Can my new employer start from the next step of GC process (I-485) when dates become current?

Please advice.
 
Continuing with current Employer after Greencard.

Dear Rajiv,

Thanks for your great service.

Working for the current Employer(GC sponsored) for the past 3 years.Received my Green card 2 weeks back. Could you please provide your feedback on the following questions

1. How long should I continue to work for my current employer ?
2. Can I reassign in next 6 months and join other employer ?
3. Are there any constrains that new job profile should be related with Job profile mentioned GC( LC)
4. Are there any procedure's that need to be followed (while leaving current employer/joining new employer)

Also,

I am a primary applicant for GC. My wife is the dependent , her 485 filed, but not approved and she has not received her GC yet.

Can you please advise on the steps/procedure to be followed to get her 485 approved ?
 
Dear Rajeev. Thanks for this service.

Need Advice on Eligibility for Filing N-400 when on N-470.
I will be visiting in May for 2-3 weeks. Planning to leave to India to continue my employment and will visit for Fingerprinting, interview, Oath etc as and when they ask me to (expensive but better than losing my job).
Background:1. Received GC in Aug 2005
2. Spent 3yrs and 8 months physically in US after my GC
3. Got transferred thru my company to India in May 2009
4. Applied and got an Approved N-470 to preserve continuous stay
5. Not applied for re-entry permit. Instead travelled in Nov to US and will travel in May to US - before required 6 months of absence (both trips to NJ)
6. I was an NJ resident since 1999 continuously - till my India assignment.
7. Still hold NJ drivers license. Current forwarding address is a friends address in NJ
8. Will be filing Federal and NJ state tax as Resident
 
Change of Status Query

Hi Rajiv,

1. My friend entered U.S on a B1/B2 (10 years Multiple) visa in first week of January 2010. He wants to change his status to F1. Is it advisable to change the status while staying here.. or would you advise to go back to Home country and get a F1 Visa stamped.

2. Will the consulate back in country of origin entertain to change the visa status to F1 as one has already obtained a B1/B2 visa.

will be glad for your valuable inputs.

regards

KM
 
Status Change

Dear Rajiv,

If one needs to change his status from a visitors visa to H1 or F1 visa. How many days in advance does one needs to apply to USCIS & the probability of getting the status change accepted.

Have you recently come across any status change request from your firm being accepted.

Its not clear from your fee structure how much fee is charged for status change candidates from b2 to f1 or b2 to h1. kindly update


thanks
 
Removal of conditional permanent residency

Dear Rajiv,

I have the following questions about removal of conditional permanent residency:

1. I will be eligible to file form I-751 in July 2010 and my U.S. Citizen wife is planning to study Fall 2010 (August 2010 to December 2010) semester abroad. If USCIS asks us for second interview, do you think it is mandatory for her to go with me for interview even though she is in another country? Can USCIS take my interview here and her interview there?

2. When we file I-751, do we have to send utility bills (credit cards, electricity, cable, water, cell phone etc.) for every month since I became permanent resident or 2-3 bills are fine in that duration?

3. Is there any format for affidavit of bona fide marriage that I should follow?

I would appreciate your response,
 
Last edited by a moderator:
H4 with H1 Application Pending-How to get I-94
Good Morning Rajiv,

- A company had filed for H1 (Dec 2009) for my wife, my wife was in India at that time. She is now here in the US on a H4 Visa.
- Last week, we had an RFE from the USCIS for the H1 application.
- If the H1 is approved, we will either have to go for consular processing or Change of Status.
Question: While the employer is filing a response to the RFE, is there any way we can also note that my wife is in the country; Hence get an I-94 on the approved h1.

Basically, I am trying to avoid consular processing (until we go to India) or change of status processing (which will take 2 months)


PS: Thank you very much for your service to the community.
 
Attorney Fees for H1

Hi Rajiv
My H1 extension was recently filed. Now the company is deducting Attorney Fees and filing fees ($320) from my pay check.
The salay after deduction is still above Prevailing Wage (as in LCA) but Less then Wage Rate as mentioned in Section F of LCA.

Is this legal ?

Are there any issues with my status or Green Card process (140 approved, 485 not filed) ?

Company is also deducting filing and Attorney fees for H4 but I think that is OK.

Thank you
 
Abandonment of Green Card

Hello

My wife has GC and I am a US citizen. We have been out of US for 360 days. This was due to my job and because we had our baby here in Europe and did not want to travel until baby was 6 months old and had all her vaccinations (which won't be until day 370). Baby received US Passport last month. We may not return to U.S. for another month, so my wife will have been out of US for over one year. My questions are:

1. When we reenter US, after 13 months away, does port of entry officer in US have discretion to admit my wife anyway (without SB-1 visa)? Or is over one year away automatic abandonment, and if so does this mean that her GC will be confiscated and she will be refused entry? Note: I am aware she can apply for Returning Residents Visa (SB-1) but want to avoid having to apply and wait months for that to be approved.

2. If my wife is refused entry on basis of more than one year out of country, can she be admitted entry at same time on basis of Visa Waiver Program? She has valid passport from participating country.

3. If we decide to apply for SB-1 visa, how difficult is it to get approval? And how long does it generally take (in US Consulate in Paris or Geneva, Switzerland)

Thank you for your answers.

JBS
 
Last edited by a moderator:
H1 Entry and related questions

Dear Rajiv,

I have couple of questions related to Immigration.

1. My brother and his family is coming to US on H1 Visa. He got H1 stamped last year and he is coming to US after one year of stamping. He has all the paper work from the employer. Will there be any issues at the POE/Airport? I am hearing all scary stories about the H1 entry and people getting deported straight from the Airport.

2. Another question, I have twin daughters born in US and when we visited India last time, my younger daughter stayed in India to live with my parents and my brothers family. Now she is two years old and traveling with my brothers family to US. My brother and his family is coming on H1/H4 Visa and my daughter is traveling with US passport. Will this create any problems at the POE/Airport by the Inspector? As far I know, this should not create any problem because everything is geniune, but I wanted to check with you. Do I need to give any notarized letter saying that my daughter is traveling with my brother's family to US?

Thank you for your suggestions and your service.
 
H1 to F1 with I 140 approved

Hi Rajiv
I have been admitted to a top 10 MBA program in the US. I am currently on H1 and need to get an F1 to be able to attend school. The problem is I have an I-140 approved.

I listened to the two part conference call that you conducted last year which greatly helped me understand my options. In my case attending school on H4 or through part time H1 (study full time and work part-time) are not possible. I will have to go for a COS.

My question is what can I do to improve my chances of getting an F1. I had no idea that applying for I 140 would make it this difficult to get an F1, otherwise I would never have applied. I am extremely worried. Can you in any manner help me improve my chances?
Thank you so much for taking the time to answer my question.
Mani
 
DELIVERING THE BABY WHILE ON AOS & COMING BACK WITH THE CHILD TO THE US

Hello Rajiv:

I am on advanced parole and EAD for the last 3 yrs based on the GC filed on Eb2/Jan2006 by my husband.Our parole gets renewed every year by september 25th.I am due to deliver our baby on November 15th,2010 and wants to do that in my home in Delhi,India due to health issues.

However my husbands company attorney said it might lead to complications while coming back to US with the baby and she wouldn't recommend it.My questions are

a)What are the process in this scenario that we should be aware of while coming back to US (around March2011) with the baby

b)How can i get a visa for the baby

Youe expertise would be really helpful as we cant plan anything with out getting any concrete answer.

Humble Regards

Parvathy
 
Hello Rajiv,

My wife entered USA on H4 and is currently working on H1B visa since Oct 2007 and her H1B would expire this Sep 30th 2010. Her employer is planning to apply for her H1B extension this April (2010). She doesn't have H1B Visa stamping in her passport for her current H1B (i.e. for the period of Oct 1st 2007 - Sep 30th 2010) as she did not leave USA after she came to US. She has plans to visit India this July (2010) for 3 weeks. Assuming her H1B renewal petition is approved before she leaves US for India in July 2010, if she attends for Visa stamping in India in July 2010 and wants to return to US in August 2010, could you please let me know for what period would she likely get the Visa stamping -

Question 1: Assuming the new H1B extension validitity is from Oct 1st 2010 to Sep 30th 2013, Would she get Visa stamping only for the remaining validity period of her current H1B ending Sep 30, 2010 (Two Month)? (OR) Would she get Visa stamping for the total period including her current and new H1B extension validity period ( 3 years)?

Question 2: Can an Employer apply for H1B extension with the start date earlier to the end date of current H1B (like choosing a Start date of July 1st 2010 for next 3 years)?

I hope you would help us with your valuable answers.

Thanks much
Kalyan
 
Last edited by a moderator:
What are the implications of getting married in India after applying N400 and before actually becoming a citizen?

Dear Rajiv:

I'm applying for the N400 (hopefully right after the March 4th conference call!) from San Francisco. I'm also getting married in court in India (potential date: May 16th). Judging from processing times for most people posting on this site, I'm likely to have finished fingerprinting and possibly the interview by then. Will my getting married in the middle of the naturalization process have any impact on either my citizenship application or the Greencard application that I'll be filing for my wife-to-be in future (i.e. will her application be processed as the wife of a US citizen or the wife of a US permanent resident)? If yes, what are the alternatives and mitigation steps (other than the obvious one to wait till naturalization is complete before getting married)?

Thanks again for this service!

Regards,
Ravi
 
change of status: B2 to J1

HI,
I am a physician. I entered on B2 visa in May 2009 for USMLE exam. I got entry for six months. at the time of entry I told them about my intention of getting residency and J1. then in Oct 2009 I applied for extension of stay for five months. My current I-94 is going to expire on April 30, 2010. I will get DS-2019 for residency in April 2010 and want to change my status to J-1. My questions are,

1- Can I change my status to J1 from B2 while in USA.

2- Start date on DS-2019 will be July 1st which is 2 month ahead of expiry of my I-94. so if i apply for change of status before the expiration of I-94, what will be my status after expiration of my I-94?
 
Hello Rajiv,

First, I would like to thank you for the valuable information on your website and your willingness to help all immigrants.

I am a H1B visa holder and working as a contractor in NY through a vendor. My company is located in KY and I transferred my visa to them in 2009. I's the 4th year of my H1B and I have to get my Visa stamped on my next India trip. I postponed my trip after this Jan 8 memo to avoid any complications. I will be traveling to Delhi and i cannot postpone my trip for long.
What can i expect in the Visa Interview with Delhi Consulate and at the Airport? Would you recommend me to avoid entry from NY & NJ? I will appreciate if you can update on the current practices (PLUS any suggestions from your side) ?


Regards,
-Suneet-
 
Rajivji,

My HI expires in Apr 2010 and plan to work on EAD with the same co sponsored GC. Currently working on PT H1 and if have to work on EAD can i work Part time with the same co who hsa sponsored GC on EAD.

Also down the line if i wish to get back on H1 part time or Full time with same co, can i apply from the US (anytime say 2 tears from now) and get back to working on H1 without a stamp or do i have to leave the country and get a stamp and start working.

My ETA 9059 labor cert approval form has a expiration date of 3/31/2008 and my labor was applied and approved in Feb 2006. so what does that expiration date mean??

Thanks for ypur advise.
 
I am on H1B, I applied PERM in JAN 2009, It went for Audit in DEC 2009.
My H1B 6 yrs is over in the MAY 2010.

Labor applied : Jan 2009
Labor Audit Date : Dec 2009
6 yrs completed date : May 2010

1) Can I get H1B extension (i.e 1 yr) when Audit is under progress ?
2) Is it better to apply new Labor with new empoyer ?
3) How long does it takes to clear this audit ?
4) what is the possibility of getting PERM approved after audit ?
 
Dear Mr. Rajiv ji,
Namaste. Thanks very much in advance for your advice. Please see my situation below.

My 6 years of H1-B Visa will be over on Sept 30, 2010. My previous company applied for PERM on Sept 2, 2009. It is in pending status and not withdrawn as per previous company's attorney.

My current company just started collecting my paper work for applying PERM, but not sure in what month they will file my PERM in 2010.

(1) Is it possible to extend H1-B visa based on my prior PERM first (say until May 2011), and then extend my H1-B Visa beyond May 2011 using my approved PERM from my current company even though my new PERM with my current company is not filed within 365 days of completion of 6 years.


(2) Kindly let me know if I could obtain L1-A visa for 1 more year extension (within USA) after completion of 6 years of H1-B visa. Do you foresee any problems with that? Please let me know.



Kindly advice me what my options are to extend my H1-B visa beyond Sept 30, 2010.


Thanking you,
Sincerely,
Bhati.
 
Status
Not open for further replies.
Top