Recording available for download for the Dec 3 Call

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monica1

monica1

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Recording available for download for the Dec 3 conference call. Click link below.
http://www.immigration.com/free-community-conference-calls

Next Call Info:
Topic: General Immigration Related Questions
Start Time: 1:55 PM, EST
End Time: 3:20 PM, EST
Next call Date: Dec 17, 09
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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pending EB I-485 send to NBC what to expect next ?

Hi Rajiv:

history of case....

Our Pending EB AOS I-485 case was transferred to National Benefits Center from Texas center, our PD is EB-3 India Sept 2003 which is not current. I-140 is approved, used Ac-21 to join a new employer , did not send ac21 letter, derivative had a shoplifting felony charge ( not arrested) that was dropped by the prosecutor ...this was mentioned along with court documents when I 485 was filled....in 2007 july/aug time period...

Questions...

Q. Can you please throw some light on as to why our Employment Base I 485 AOS case was transferred to NBC when date are not current ? and what we can expect next...with some high level time frame after the transfer.

Q. if a face to face Interview is anticipated how we will know what kind of documentation USCIS seek to verify when one has to appear for Interview?

Q. If they have power to deny a case at NBC is there a time give to appeal the denial ?

Q once the case is send over to NBC and its still pending (before and after Interview) then in future where does one apply for EAD or AP extensions? to the NBC or to the center where the case was originally transferred from ?

Q do you have a written document/Blog which prepares / advise for a face to face interview for EB base AOS interviews and / or explains the whole process at high level.
 
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Hello,
I would like to obtain an answer on the following issue.

- I had applied for an H1-B extension through my primary employer (Employer A)
- I also have a concurrent H1-B which is valid till 07/2010 with another employer say Employer B
- I have an approved I-140 and my first H1-B was authorized in 2003 which means I technically still have about 7 more months on my actual 6-yr term to expire
- My H1-B extension petition was denied by the INS on terms that I could not provide all of the paperwork. However, I after reading the denial letter, I found out that it is completely the fault of INS as all the letters that they identify as not supplied were sent by us. (my lawyers agree that it is a mistake on the part of INS).
- I am now trying to figure out if I can continue working on my concurrent H1-B which is still valid till 2010 or will I have to leave the country?

Please also note that I intend to get married to a citizen on Dec 23, 2009 so I am really trying to figure out whether I should prepone my wedding, or should I file for an appeal/or challenge INS decision to reject my H1-B (despite all paperwork clearly provided).

Either ways, I would like to know if I can continue working on my Concurrent H1-B right now, as I would defintiely have my Green Card in the next 4months (through a marriage).

I do not want to be on an illegal status if my concurrent H1-b expires due to the fact that my primary H1-B has been rejected.

Please advise.

Thank You again for all your help.

Anup
 
H1 6 years expiring

I worked for an Indian Software services company, on L1, from Jan 2005 to March 2008.
I joined another company, who sponsored my H1, and switched to H1-B visa in April 2008.
I'll be completing 6 years, on L1 and H1-B visa together, in Jan. 2011.
My employer is not starting my GC process because of layoffs in the company, every quarter.

My wife is currently doing her Ph.D, and is on F1 status.
She will be finishing her Ph.D in May 2010 and will be on OPT by Jan. 2011.
She may not be able to get GC sponsored, by her employer, before Jan. 2011.

I would like to stay in US and work, even after Jan. 2011.
- What options do I have, to continue my stay in US and work?
- Will I be able to change my status to F2, while my wife is on OPT?
- Can my wife be on OPT, when her employer starts her GC processing?

Please suggest.

Thank You.
 
Need to Understand I-290B online status

Hello Rajiv,

My I-140 was denied and an appeal filed. I have a question regarding the status of I-290B appeal. The current status of Appeal as shown in the USCIS website is:

The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now being processed at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you.

What does this mean? Is this a favourable decision? My I-140 appeal has been pending from March 2009 and I wanted to know if I can do a premium processing for I-140 appeal if I have this type of the status.

Also, can I use AC21 if my I-485 is pending and my I-140 appeal is in the above status?

Please help me. I am willing to use your services to represent me. Thank you.
 
Visa Numbers for EB3 India, cut-off dates advancing by just 1wk/month

Dear Rajiv,

I have my I485 EB3 India application pending at the Nebraska Center. Priority Date is 03/25/2002.

My case was pending for a long time at the Vermont office inspite of constant calls to the USCIS in the last so many years. However, We started having hopes when our case recently moved from Vermont center to the Nebraska center and we got an RFE three months back asking for a few more credentials like Proof of Father's name, Employment details etc. Sent all of it but unfortunately, the last I heard from the USCIS office is as follows: "Service records show this application is currently awaiting a 3rd preference visa number. According to the October Visa Bulletin, there are none available. Once a visa number becomes available, your application can move forward"

Q1. As you already know, last month the cut-off date for EB3 India category got moved only by 1 week (to PD:May 01 2001)- at this rate when do you estimate I will get a visa number (My PD:Mar 25 2002)?
Q2. Does the response from USCIS mean that my case (I485) is approved except for the visa number being available?
Q3. When mine gets approved(hope soon),will my husband who is also an applicant with me get his GC as well?

Hoping you get a chance to answer my quesitons during the call. Eagerly waiting for a response.

thanks in advance
regards
skutty
 
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Hi Rajiv,
I am currently residing in India and have my H1 approved. Since my father passed away a couple of years ago and I am the only son, my 65 year old mother, along with my wife and kid, is dependent on me. Is it possible to get an H4 for my mother? / what will be the best option for me to get my mother along with me.

Thank You
 
L1 to old expired H1 petition

Hello Rajiv,

Question : 1
I am currently on L1 visa(issued in June 2007) which is going to expire on JUNE 03,2010. I had an earlier H1B petition which was issued to me in Sep 2006, and it got expired in Sep 2009.

Is there a way I can reactivate my expired H1B petition and change my current status to it ? What is the process ? Does the same employer has to do it ?

Question : 2
In case of change of status to H1 is it legal to continue working on L1 after the change of status date ? What if my current employer files an L1 extension after my change of status date ?

Thanks
 
H1B with I-140 Transfeer

I have heard conflicting information on this -

I am on my 6th year of my H1B with my current employer who has labor and I-140 approved for an EB2 Green Card. Can I Transfer My H1-B to a new Employer and if I do, will I be able to get a 3 year approval based on my current I-140.
My current 6th year of H1 expires on Mar-2010.
 
Regarding applying 2nd I-140 in EB2.

Hi Rajiv,

Thank you for your free service.

Situation: my old employer applied New GC labor for me and got approved; now he agreed to file my I-140 in EB-2. Looking into my case history can you please advice. Whether it is good for me to go for one more I-140 in EB2 category to speed up my GC process (because, in few years my elder kid will cross 21 years) and also the result of this new I-140 will have any adverse effects on already approved I-140?

Case History:
1) Applied I-485 in august 2007 for me and my family. Denied on June 26, 2008Due to underlying I-140 (EB3) denied due to mismatch of qualification between labor and I-140. Applied MTR (appeal) on I-140. Which is denied on Jan 19, 2009, then applied one more appeal which is also denied on June 30, 2009.
2) But during all this appeal time, I joined with new company and started New GC process Labor approved then applied I-140 (EB-3) and got approved Jan 29, 2009.
3) When this New I-140 was approved. USCIS re-opened my I-485 by themselves and linked this new I-140 to my I-485. But at the same time they didn’t re-opened by dependents I-485. I called several times to USCIS and also sent letter, but no response.

Thanks Again,
Sai.
 
Proof of citizenship

Hi Rajiv!

My childrens father became a citizen when they under 18, which means they also became citizens. They are now 19 and 21 and he won't give them his naturalization certificate to apply for their own or get US passports. We have contacted UCIS via info pass and the lady was kind to give us all the details of his naturalization - but no document to help. We have asked for help from our US Representative they were told they MUST get the certificate from thier father. He is not cooperating. What do we do - they are citizens, but have no proof!
 
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Traveling on Parole

Hi Rajiv,

I have my I485 EB3 India application pending; PD is July 2004. I have been applying for Advanced Parole, but haven’t used it. I am going to India in January and wanted to know:

a) Other than the parole papers, what other documents should I take with me?

b) Can entry be denied? I have always maintained status and never been illegal here?

c) What happens if an RFE is sent while I am still in India? Will that hinder my return?

Thanks
 
Hi Rajiv,

I am a canadian citizen married to a US citizen since May 2009. He has filed an I-130 on my behalf and we have received the notification of approval (I-797). The notification indicates that I will be contacted regarding next steps within 90 days (dated Sep 15,2009). I have received a job offer as a research scholar (starting Jan 15,2010) and they are willing to sponsor an H-1B visa if needed. What is the quickest way for me to enter the US and be able to work (i.e. wait for the immigration approval, apply for a K3 visa or go through an H-1B visa)?
 
6th year of H1b, laid off after filing of labor

Hi Rajiv,

My 6th year of H1B will complete in Sep 2010.
The employer filed for labor petition under PERM in June 2009 which is still pending.
I have been laid off and my employment will end in Dec 2009.

1. Will I be able to get the 7th year extension sponsored by a new employer on the ground that the labor was filed more than 1 year before by previous employer.

2. If yes, will it matter if the labor petition petition is withdrawn by employer.

3. Is there any way of getting extension beyond 6 years in my case.

Thank you for your advice.
 
Hi Rajeev

on the I485 Notice says
"If you or your spouse have ever received any public assistance (Welfare, food stamps, SSI, Medicaid etc) you must present evidence from the New York Department of Social Services that you are no longer receiving assistance, as well as verification of the Department knowledge of your marriage status and marriage date."

The problem I have is that I applied for foodstamps for my 3 kids early in the year -I was not able to receive foodstamps benefits because I do not have any immigration status or s.s.# at the time. I got married in July 2009, I never called to cancel the foodstamps since i have to recertify every year and I thought I would not recertify when that time comes along. Now the question asks if I ever received means tested public benefits.
Technically I have never received , it was my kids.
I dont know what to do, should i say no, should I call Social Services and say that I got married and get that letter? This is keeping back my application.
Thank you so much
 
Questions related to Naturalization

Hello Rajiv:

I am a US permanent resident in my 4th year of residency, who can apply for naturalization as early as mid January 2010 (based on 5 years – 90 days). My wife is on a H1B visa. We are currently living in California. I was laid off in late April 2009 and have been in transition seeking opportunities. I recently got a job offer in Maryland and will be moving to Maryland to begin work in mid December 2009, but my wife being on H1B Visa will not be able to relocate with me and will still be based at our current address in California.

I have a few questions:

1) Can I still maintain my California residency using our current residence in California and apply for naturalization in California?

2) Alternately, do I have to move to Maryland, wait three months (to establish local area domicile) before I apply for naturalization?

3) As my wife and I would prefer to live together, what happens if I get a job in California a month or two months after I move to Maryland, can I return to California and still file for my naturalization as a resident of California using the original 5 years – 90 days time line as I would still be maintaining my California residency.

Thanks & Best Regards,

SM001
 
Hi Rajiv,

My current company "A" is not filing my GC due to recession for another 6-8 months atleast. I only have 1 year 4 months remaining in my 6 year's limit. So, Company "B" agreed for GC and filed my H1B transfer for a new client. We provided all the documents including the end-client letter but, still H1B was denied. They are filing an appeal to this denial and asking me to join while the appeal is pending.

My question is, How risky to work on H1B with appeal pending status ? If they file a my PERM while appeal is pending, what are the implications on that ? How long I can work on appeal status ? I am really confused what to do. If I don't join company "B" then I will have a issue extending beyond 6 years. I don't know what to do. Please suggest.

Thank you so much.
 
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Hello Rajiv,

My husband had his Naturalization interview and they asked him about the arrest/2nd deg assault charges. He told them that he got involved in an argument with someone he knows (instead of saying with his wife) and hit that person by mistake. The immigration officer asked who that person was and he said that he would like to discuss the case info furthur with his lawyer present maybe at a later date. The IO asked if the victim was male or female. He answered Female.

The IO saw the disposition indicating acquittal not guilty but decided to review the case further.

We recently recieved a letter from USCIS asking for the following -
You MUST obtain the arrest reports, cert copies of arrest record with any probabtion reports if applicable. This includes any offenses that may have been expunged. If a record is "not available" you must obtain documentation from the appropriate agency stating so.
Since our expungement has been through we are not able to collect any arrest record. We got a document from police stating that "no arrest record found for this person". Other document we have is a letter we recieved in the mail from the court "Certificate of Compliance" for the expungement (form 4-508.1).
Q1: are these documents sufficient for responding to the USCIS request?
do you have any suggestion/advice at this point, we will really appreciate it.
Is there any danger we are facing?

Thank You very much for your response.
 
need help on wh4

Hi Rajiv, Iam on H1B visa, valid till 2011.This employer company is neither letting me leave the company nor paying salary nor able to find a project. They recently demanded and took money to run my payroll taxes and always gave an impression that they are doing a big favour for me.

Questions:

a) Can i complain to DOL for not being paid for more than 9 plus months
b) Can i also mention the fact that employer took money towards training and payroll taxes.
c) Now i have applied for ' Change of Status'..which is pending. If i complain to DOL would there be any impacts on i-485 or on my future status.
 
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