Recording available for download for May 7 Conference Call

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monica1

monica1

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Recording available for the May 7 Conference Call.

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Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: May 21, 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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Carry over of experience after spin off/Acquisition for EB2 conversion

Hi Rajiv this is Zack. Thank you for responding to my query.

1. My company would be spun off by end of year. I have I-140 approved and more than 180 days pending for I-485 (priority of Nov 2003). After the spin off could I use my current company's experience to file Eb-2 with new/spun off company and transfer priority (I am on EB3 now) ? What could be potential issues here ? I want to move into EB2 from EB3 but most of my experience is from my current company.

2. I am going to travel to my home country. My wife is working on EAD/AP (I am primary for GC) and I am working on H1 ( not using EAD/AP yet). Could I enter back into US on H1 while my wife enters on EAD/AP since my employer did not renew her H-4? Or do I need to also use my AP ?
 
Joining Army under MAVNI, Enlisting in Aug, Curr on H1, Laid off, Have to travel to India in May

Many thanks for your guidance, sir. Here is my case:

- Was working for US company on H1 since the past 2 yrs after doing MS here in US. Have the approval notice but never got H1 stamped.

- Applied and was approved to enlist in Army under MAVNI program. Basic Training begins late Aug. They will apply for citizenship then.

- Now, have been laid off.

- My younger sister's wedding in May end (can't be delayed), have to go.

- If I leave, don't know how to come back to US to enlist in Army in Aug.

What would be your recommendation, sir... If needed, and if am able to find new employer here who is ready to sponsor H1, which option do you think would be better: transfer H1 or apply for new H1 in India (Bombay consulate)? Any other suggestions / advice...

Many thanks,
mavniapp
 
485/Job offer

Hello Rajiv,

I hope you get to read my message in the current community call.
I understand that green card is for future employment. However, given the lengthy timeline for certain countries, it is quite possible that when the time comes (485/AOS) – company can no longer support the position from location originally specified in the PERM.
1. So, in that case what does company/individual need to provide to USCIS that initial intention was genuine? Does the company only have to offer a position and then provide evidence it can no longer support? In that case what kind of evidence to make sure GC is not revoked by USCIS.

2. Secondly, is it possible to accept the position but later decline it (incase the company can support it). Considering, since the original application, the person has climbed up the corporate ladder - running whole division as opposed to be the mid manager of the original team. How does the law view it?

Thanks a lot for your help!!
 
H1B extension approval/H1B stamping

My husband is a green card holder since Oct 2004. He got married after he got his green card. I had B2 visa before our marriage and entered USA on visitor visa in April 2005. My husband applied for my I-130 in July 2005 while she i was still on B2 and it got approved in Jan '09. I converted to H1-B in October 2005 and was employed full time ( 40 hrs / week ) till Nov 2007. I had a baby in Nov 2007 and took a break from Nov 2007 through Mar 2009. I have started working again for the same employer now since March 2009. My employer has applied for my H1-B extension on April 3rd 2009 since my current I94 would expire in June 2009, and my h1B extension is pending approval. My husband will be applying for his citizenship in July 2009.We plan to move to India after he applies for his citizenship in July as hes got a job in India.I have the below questions now

1. I have never left the country since the time i came to USA on B2. What are the chances of my H1-B extension approved ? If at all it gets approved what are the chances of getting H1-B visa stamp at a Us consulate in Canada or India ?

2. Since my I-130 is already approved , if i leave the country and wait till my priority date becomes current or when my husband become a US citizen will i be able to get an immigrant visa given my immigration history? Will the 3/10 year bar come into effect ?I understand i might not get green card since i dont have valid H1 stamped on my passport yet. However if by chance i get h1b stamped in India, and quit my job in US, stay in India for sometime and then if i decide to come back to US after like 1 or 2 years,what is the criteria or chances to come back to US on H1B again(assuming my H1 is valid for 3 years).

3.Assuming my H1 extension gets approved, i go to India and get H1 stamped and stay back in India, will i still be able to get the greencard (through my husband's citizenship or through family based category which he has applied in 2005) as i would have h1B stamped and been legal then?

3.Its already 1 month since my H1B extension has been applied(applied on april 3rd 2009).I see that processing time in Vermont center is currently 2 months.So does it make sense in upgrading to premium processing now to know the results earlier.
 
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RFE on 485, Can I use AC-21 or Inter file ?

Dear Sir,

We filed labor certification (ETA-750) then I –140 (EB3) thru Company-A, while I was working with them. Later, I resigned for Company-A and joined Company-B. Then the
I-140 of Company A got approved. During the July 2007 fiasco, I filed I485 based on Company-A’s 140 with a job offer letter from Company- A. While filing I-485, we mentioned the fact (on G-325) that I was working with Company B.

Now I got an RFE, saying that: “ you indicated on G-325 that you have been working with company –B, from mm/yyyy date to present, and your most recent H1B (based on I-129 filed by Company B ) was from mm/2007 till mm/2010. However the employment letter received with your I-485 is from Company –A, dated July 2007. Please explain the discrepancy.
Submit a currently dated employment letter or other evidence form the intended permanent employer, mentioning proffered position , salary and job duties.”

In the same RFE they asked include the employers name (if any) with dates from the job start and end dates, since 485 filing from July 2007.
The RFE is from Nebraska SC.

I have a separate PERM labor and Approved –I-140 thru company B, with the same Priority date as of Company A’s I-140, with same occupation classification, but slightly different job description and title.

1) Can I use AC-21 as a response to the RFE ? (my LC from company B is for same occupation classification but a different title, with about 70% matching job duties). I am not working with Company A at least a year before I file the 485 using A's I140 ? Is it required to work with the sponsering company while filing the 485 to use AC 21 ?
2) Or Can I inter-file the Company B’s I-140 as a response ? Though my priority date (June 2002, EB3 India) is not current now can the interfiling be done now as a response to RFE?
3) Company A is ready to give employment letter again as of current date, shall I take and send that letter as response to RFE ?
4) What would be a better response.

Thank you for your time
EnEm,
 
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thanks for this opportunity

hallo and thanks again for being here to help!

situation is: after 10 yrs of USA - back to europe with child after divorce - for x-mas holiday, but ended up staying!!!
left rental house, furniture etc. behind in the US, ex then gave his permission for child to remain with me in europe.

child now 17,wants to go back now to the USA to finish her education.

my green card expired in 2002, we have been in europe for 9 yrs..

CAN I file SB-1? to accompany her and get back my legal status to live in the US with my US citizen child?? Do I file SB-1 in my home country or at the POE?
Do I have to give up my expired green card at the POE? what other options would i have?

I did have to fill out (and passed) the ESTA test online, otherwise the airline won't let me on the plane - at least that's what they told me.

Thank you so much for your help in advance!!!!!
 
Does visitor visa always get cancelled after I-94 overstay?

Hello Rajivji,

Thank you for the upcoming conf call. I would like to ask your opinion about,
when would a visitor visa get cancelled if overstaying beyond the I-94 date.

If an extension has been applied for, and we dont hear from USCIS by the time the I-94 date has passed, would the visa still be cancelled (if extension is denied later)?

I have applied for my mother's visitor visa extension on March 17th 2009. Her I-94 expires on June 8th 2009. I am afraid we may not receive any reply from USCIS until June 8th has passed. (listed processing time is 3 months).

Is it true that the visa gets automatically cancelled if she would stay beyond the I-94 date? I have read conflicting answers to this in many places. The last thing I heard on talking with an actual USCIS person by phone was it would *not* be cancelled, since the extension application has already been received. However he did not sound very sure...

Can you please provide your thoughts on this?

Thanks in advance...
 
Response to I-485 RFE ??

Dear Sir,
Thank you for your good service. The following is my case.
I filed I-485 during the July 2007 period, while I was working with Company B, using the approved I-140 from Company A. ( I quit company A soon after filing I140 and that I140 got approved after joining the B.)

Now I got an RFE, from NSC, on that 485: saying that:
i) “ you indicated on Biographic form G325, that you have been working with company –B, from mm/yyyy to present, and your most recent H1B (based on I-129 filed by Company B ) was from Jan/ 2008 till Jan/2011. However the employment letter received with your I-485 is from Company –A, dated July 2007. Please explain the discrepancy.Submit a currently dated employment letter or other evidence form the intended permanent employer, mentioning proffered position , salary and job duties The letter must indicate whether the terms of LC or I-140 continue to exist.”

ii) “ If you changed employers since filing AOS, the letter shall be issued by new intended permanent employer. The letter must specify the job title, duties and proffered position, education qualification etc………..”

In Feb 2008, company B has filed a separate PERM, LC and I-140 EB3 for the job I am doing with them with the same occupational classification as that of Company A. That I-140 got approved in July 2008.

1) Is this normal for employer change cases like me ? Can I use AC-21 as a response to the RFE ?

2) Can I inter-file the Company B’s I-140 as a response ? (I tried to inter file the I-140 in Sept 2008, but the NSC sent back saying that the PD is not current now.) Can I do that now ?

Thank you sir,
Leeladhar
 
i applied form my i140 under EB2 in november 2008 with Texas Sevice Center and the USCIS website has not updated the status since Dec 30 2008.

but when i check processing Time for TSC they say its only 4 months to process i140 but my case has past 6 months.

My employer never updates me even if he has recieved an email from USCIS

my questions are:

1) what do you think is happening with my case
2) why is the USCIS website not been updated since 12/30/2008
3) Is there any way i can find the current status of my case other than asking the employer.
 
I have Masters degree in public health and have been working for the state government as "environmetal specialist" since 6 years and will be able to get strong Reccomandation letters

Is it possible for me to apply for NIW?
 
Hi Rajiv,

In continuation to last call question (1st question)
Scenario - H1 and H4 (of my wife) visa, I-94 and petition expiring on 2nd June, out of project, don't have client letter or work order to support extension

As you suggested I read in your blog "H-1, laid off" scenario, I can legally stay in US by filing change of status to B2 (Visitor visa) before my H1 expires (i.e. before 2nd June). As you mentioned I am authorized to stay in USA while waiting for a decision on a timely filed application even my H1 has expired.

Q-1: Once B2 is approved (from H1/H4 to B2), Do I need to go out of US to get it stamped to stay legally in US? If yes, can I go to Canada or Mexico or I have to go to India for stamping.

Q-2: If I am in US on B2 and gets a job. To again go to on H1B, I have to file H1B Transfer to new Employer with Change of Status (B2 to H1). Is this CORRECT?
After getting H1B transfer Receipt Notice, Can I start working to New Employer or I have to go out of USA to get Visa Stamped? If stamping is must, can I go to Canada or Mexico or I have to go to India for stamping.

Thanks a lot for your help.

Thanks
Jack
 
I entered US last year on L2. Got EAD in june(Valid April 2010) . Filled H1. Got H1(Valid 2011) in oct 20,2008.but never worked on both. Delivered baby with C section on nov 25,2008. What is my visa status? If I am on H1b visa and out of status. How can apply for COS with in US? Where should I go Canada or india for stamping? What is best? Can I use my previous EAD once I wil b on L2 again?
 
I have full time job and am working on H1-B visa
Apart from my regular job can i volunteer in a medical research job?

Thanks a lot for your service
 
Is age any factor for EB1-EA?

Hi Rajiv,

It's good to know about this great source of information. Thanks for the recent notes on EB1 -EA. It is very informative and helpful.
I am planning to apply for Green card under EB1 -EA/OR category. I have PhD in Engineering, full-time teaching and research experience over 20 years ( all outside US), amd currently on H1B as Research Faculty (engaged primarily research and also teaching) in a Univ. Have published over 85 research papers (more than half in widely circulated International Journals of repute with majority as the first author). Many of my papers are frequently cited by other researchers (citations 105, 60, 50,45 etc.). I am a member of ASME, Senior Member of IEEE. I regularly serve as reviewer of papers submitted for publication in several international journals.

I would appreciate if you please comment on the option for EB1 application, esp if age is any factor. Thank you very much in advance.
gcphilly2009
 
New Job and Transfer of H1 with GC in Process

Dear Rajiv,

This is a follow up question on GC process and potential Job loss after company acquistion. Followed your advise and got a Job offer.
In the Current Company which got acquired.

1. EB2 Priority date is August 2007
2. I 140 cleared last year. They did not apply for 485 and 140 same time.
2. Applying for H1B renewal this month for 3 years (as I am on H1 beyond 10 years and I 140 is cleared with PD Aug 2007)

Got a Job offer and New Company says

1. Wait till you get your receipt notice on your renewal from your current employer which is this month May 2009

2. We will apply for transfer of H1 immediately after you get your receipt notice (H1B Renewal) form Previous/Current employer.

3. Ask your current employer to transfer your Priority date to us and that is your responsibility for your GC processing

4. We will file your GC in EB1 OS category as you qualify based on your credentials and work you will be doing for us.

Is it safe for me to move after I get my H1B renewal receipt notice from my exisiting employer and of course after the new employer has applied for the transfer and received the receipt notice?

Am I in any way risking the whole wait of 10 + years to get my GC.

Regards
Dr. SA.
 
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Security Review Nightmare

Hello Rajiv - Thanks for taking the time to help.
I am a Canadian born US perm Resident(born to Indian Parents). I moved the US in May 2001 on a work VISA from Canada. I was legally married in Dec 2001 and received my first (conditional based on marriage) green card in Aug2003. I have 2 children who were born prior to moving to the US (now american citizens) and one child who was born here in the US. I applied to remove the conditional status from my green card before my 2 years was up (Aug2005 as instructed by USCIS).

I live in detroit and would frequently travel to Canada to visit family & friends. Upon return, I would be held for 2-3 hours (sometimes handcuffed and taken from my car @ gunpoint). I don't have any criminal record or any such things. I was advised to contact washington to correct my 'profile' in the government system. I did so with the assistance of the office of one of our michigan senators. The problems at the border have reduced significantly however I think that it has affected my progress towards citizenship.

Although my removal of conditions (I-751) application was submitted so long ago it has still not been approved. My senator's office had sent several inquiries about this case and the response was always that my case was under security review. As my green card expired I have to visit the Detroit field office every year to get my Canadian passport stamped with a I-551.

In July 2007 at the recommendation of the USCIS 1-800# I submitted my application for naturalization. Within 2 months I was called in for fingerprinting.

In February 2008 my wife and I were separated. I recieved a letter for a citizenship interview in Oct 2008. When I reached the appointment, my name was called by an officer and I was told that the officer responsible for my case was not present that day and that he would call me to reschedule. Within 1 week's time I recieved a letter stating that my appointment was de-scheduled. I contacted the senator's office and was told that it was common because of the high volume of applications that they were recieving.

In January 2009 my divorce was finalized.
Recently the senator's office sent another inquiry to the detroit field office and it was told that my case was pending security review-again. The senator's office suggested that I consult a lawyer. I have 2 open cases: I-751 and N-400.

Please help :(
 
Is N-470 necessary for me ?

Hello Rajiv,

I will be eligible to apply for US citizenship in 1st week of July this year. I plan to apply in July , complete fingerprints and leave US to stay in my home country for about 5 months. I plan to keep my residence here , pay bills, preserve bank accounts etc. I will be leaving my current employer and taking up a job abroad for 5 months. When I return to the US after 5 months will there be any issue with my N-400 application ? Can I ask my new employer who is also a US multinational company to apply for my N-470 so that I still maintain my physical presence ? Do you also recommend I apply re-entry permit ?

Thanks,
Sanjay
 
Hi Rajiv,

I am in this country for over 9 years now, on an H1 visa. I filed for my labour in Jan,2005 and have been getting extensions since then. My labour was approved in June,2007 and I applied concurrently for 140 & 485 in Aug,2007. In Nov,2007 I got married and my wife is now here on an H4 visa.
My 140 got approved last week but 485 is still pending. My questions are
1. When can I add her to my application?
2. What status would my wife end up in if my 485 were to get approved before the priority dates are reached ?
3. What options do we have to ensure that she remains in status and gets her greencard?
4. Will it help if she were to move on to a student visa?

Thanks a lot for your time,
Sree.
 
Request

could you please tell me i am on student visa at the moment which will expire in the month of october 2009 and my H1 has been approved i would like to know can i travel to India in the month of August and come back to USA in the month of september 2009 on student visa as the time line of stamping of H1 visa in india is Long
 
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