Recording available for download for Sept 22 Conference Call

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monica1

monica1

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Recording available for download for Sept 22 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: Oct 6, 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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EB3 India beyond processing time

Hi Rajiv,

My EB3 India 485 priority date is Jan 28 2002 and it has been current for last ~7 months now(it became current in January 2011 visa bulletin). So far I haven't heard anything from USCIS. The last time I had fingerprints was in 2007. My service center is Nebraska. I have tried various options to get a status on my 485.

I called the 800 number and opened a Service Request and the reply I got was "We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time.....".

I contacted my congressman and they also got the simillar reply.

I went to local USCIS office I was tol that "case is pre-adjudicated but all 3(including derivative) are with an officer".

Is there anything else I can do? My case had been current twice in last 4/5 years but nothing happened and then EB3 got retrogressed. I don't want that to happen again this time.

Any suggestions would be appreciated. Thanks in advace..

Thank You!

------------------------------------
EB3 India, Nebraska Service Center

Priority Date: Jan 28 2002
I-140/I-485 Receipt Date: Apr 2005
I-140: Approved in Aug 2005
 
I-485 Eligibility

Hi Rajiv,

My priority date ( for Employment Based ) will become current soon. I am a principal applicant. some time back my spouse (derivative) is Out of status
( I-94 NOT expired but not on pay roll for more than 6 months on H1B). we have a son who is a US citizen ( 5 years old) .
As my spouse has a US citizen son ( 5 years old) any exception in this case ? i mean should my spouse eligible to file an EB based I-485 ?
if eligible will it impact the outcome of I-485 ?

Thanks in Advance,
 
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wrong valid dates on H4 approval

Hello Rajiv,

Thank you so much for the service!

I Filed for change of status from H1 to H4 on Jan 25th 2011.Following are the dates of the 1539(H4) application:
H4 applied on : Jan 25th 2011
reciept Date: Feb 8th 2011
Approval Date: Sep 15th 2011

My H4 approval says its valid from 09/15/2011 to 09/30/2011 and even my I-94 dates are the same.
Valid dates have to be 01/26/2011 to 09/30/2011 right?

Since the application was filed by my spouse, How do we correct this?
I need this to be corrected as soon as possible as I have a job offer now and the new employer is applying for my H1 next week
 
Prevailing wages application for PERM processing

Hi Rajiv,

Thanks for all your service.

I was told that prevailing wages application processing for PERM is currently suspended based on a court order to process H2B cases.

Please advise if you have any thoughts on when it would be resumed? Which date it is currently processing? Otherwise how to obtain this processing date information as I can't find any reference to it in PERM processing time and nothing in ICERT portal as well. Any service number to get any updates on this?

Thanks.
 
J-1 out of status

Hi Rajiv,
Thank you for doing that. I will be clear as possible.

1. My husband is still waiting for the interview letter for his citizenship (May filer, fingerprints done July 6, I know it is getting long, we are in NYC, is it normal?
2. I am in the US with a J-1 visa which will expire in a month. By this time obviously, my husband will not be a citizen yet and I will be out of status: what should I do? What are my options? I don't want to go back to my country and be separated from my husband.
3. As soon as he gets his citizenship, when will he be able to apply for a green card for me? Can he do it right away or should he wait a certain period?

I am sure you will be helpful, and thank you again.
Sandra
 
State LCA and Tax

Hi Rajiv:

I am on H1 visa, working for a client in DC, My employer who holds my H1 visa is in NJ. I am currently staying in FL. I am commuting from FL to DC almost every week as my work schedule is I'll be working at client place, DC every week 2-3 days and rest of the week(2-3 days) I'll be WFH remotely from FL. In this situation, I am confused about my payroll taxes and LCA.

I have my LCA for DC currently.

1. Should my employer take LCA for state of FL also, as I am working remotely from FL for part of the week. ?

2. Is it legally correct to have 2 LCAs for 2 different states during same period?

3. Which state should my payroll taxes be deducted from?? either FL(State of residence ) or DC(State of work).
 
J1 visa-gap between residency and fellowship

Hello Rajiv,

Thanks a million for you service!

I am a physician doing residency on J1 visa.
I will be finishing my medical residency in Jun 2012 and am offered a fellowship which starts in Dec 2012 on J1.
So my question is:
1)how can i maintain my status between July 2012 to Nov 2012 with out leaving the country?
2) Can I take up any job during those months?
3) Please let me know if you have any other suggestions?
 
EB3 To EB2 Transfer

Hi Rajiv:

Good Afternoon,

I am on H1b,My Labor was filed on July 15th 2011 under EB3 category. I have a 3 years Bachelors Degree after my 3 years of diploma(polytechnic) from India.,I worked 3.5 years in India and working in US from last 3.5 year. As per my employer I am not qualified for EB2,so he Applied for EB3 and he said that once I get 5 years of experience with my current employer in US, he can reapply my labor under EB2,so that my current EB3 priorety date(July 15th 2011) can still be held to my future EB2...

1. Am I really not eligible for EB2...?

2. If not, can I transfer my Labor Priorty date from EB3 to EB2 in future....?

3. At what stage I can transfer my Labor from EB3 to EB2....?

and also I applied my H1b extension with client letter A on septamber 1st,
currently I am working at client A through my employer, During my H1B extension processing if I move to client B through same employer
will there be any issuse for my H1b extension Approval.....?



Thanks for all your support on Immigration question..
Prasad
 
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