Recording available for download for Oct 20 Conference Call

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monica1

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Recording available for download for Oct 20 Conference Call.



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Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
NEXT CALL DATE: Nov 3, 2011

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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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GC - EB2 I140 approved and H1b visa rejected

Hello Rajiv,
Hope you are doing good.
I have previously asked you query on my H1b visa rejection at US consulate in india. My visa has been rejected 2 times and i dont see any option of getting H1b visa stamping anytime soon.(no reason for rejection after working for 4+years in US)
My PERM and I140 were approved in EB2 and now my priority date is current in this month.
I have left my previous company with which my I140 got approved and haven't started PERM process again due to H1b visa stamping issue.

* What are the choices available with me for filling I1485 or Consular processing now?(if any)

* I am not sure how much help i can get my employer and would like to know if i can hire services from Immigration lawyer which can help me in continuing my GC process while living in India.( Can employee of a company continue GC process on its own or a company has to file all papers including CP e.t.c)
* How much time do you think the GC process will take from here in case GC is still possible?

Thanks a lot.
DD
 
F2 Visa questions

My Wife was on F1 visa until last month and would soon start her Post Doc on OPT(still F1 visa I guess) at a university.I and my wife are both Indian citizens. I had been in US on F1 and H1B for couple of years and came back to India after completing my 6 years of H1B. It has been 9 months since I left US. Now, I am being transferred to UK as part of my job for short term (<12months). I need to apply for F2 Visa so that I can visit my wife. Can somebody please spend sometime in answering the following questions:

  • Can I apply for F2 Visa from US consulate in UK?
  • What is the rejection rate based on my situation and US consulate in London?
  • How much time would it take to obtain the F-2 Visa?
  • I heard that these US embassies in India are taking months to do background verification. If that is true, would it mean that they are going to sit over my passport for all those months? Any experience on whether it is the same in other countries (UK) too for me?
  • With the new rules on OPT, how long would my visa be given for? If my wife initial OPT is for one year, does it mean I will also get the visa for one year and next year or in OPT extension, I will be required to pay again?
 
GC Application for New Job

Hi Rajiv,

I have a pending I-485 application in EB3-India with Priority Date of November 2004.

The current company I work for has a sister company and I was recently approached by them for a job and they are willing to do my GC application in EB2.

1) Can they start my application processing and can I join them after my GC gets approved? Is this kind of future employment filing possible?

2) This company was formed in April 2008, but my EB3 priority date is November 2004. Can the PD be ported where the PD is older than the company’s date of inception?

3) Since I am not working with the sponsoring company yet, there will probably be an Ability to Pay RFE in which they will ask for taxes from my priority date of 2004. Since the company was formed in 2008 what should the response to the RFE be?

Thanks.
Appreciate the help,
Drew
 
1) The physical presence of 1-yr limit applies if I were to obtain a H1B/L1 visa. Can I file F-2 in the month of Nov 2011 but plan my travel in Feb 2012 so that if I were to make a COS from F-2 to H1B, I would have met the 1-yr physical requirement clause?

2) My wife is in US on F-1 and I am in India. How much time does it take for me to get the F2 visa? What is the probability of rejection/denial? If I get denied, will I be able to apply for H1B? How many months beyond F2 denial do I have to wait to apply to H1B?

3) I have returned to India after 6 years of time on H1B in US. Now I know that there is a cool-off period for one year. My company is planning to apply for H1B again. What are chances of denial for the second H1B visa stamping? If the H1B gets denied, how long would I have to wait to apply for F2 (my wife is on F1 in US)? What are the chances of husband getting F2
 
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