Recording available for Jan 17 Conference Call

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help in change of address and filling N400

I am presently living in USA on Green Card since 29 april 2003, since then i have leaved at one address for an year (untill june 2004) and moved my home, my query today is, i forgot to fill in the AR 11 form at the time of my change of address, but i have filled the form on 15 dec 2007and submitted it to USCIS.
The main reason for not changing the address was because the first address where i leaved before was my brothers home he still leaves there,
are there any formalities which i have to do for late submition of my form,
and in the part 6 of N400 what dates do i have to mention shall i mention that i have lived at my address since 15 DEC 2007
can you be able to tell me when i will be eligible to apply for US citizenship
 
Hi Rajiv,

Thanks very much for hosting this call and giving your expert guidance to all of us.

In my current situation, I will be completing my 6 year limit on H1B by March’2009. My employer is unable to start my GC process at this time.

Is it possible for me to switch to L2 EAD based on my spouse’s L1B (valid until May’2011) and stop accumulating time towards my H1B 6 year limit at least until my current employer is ready to file my GC? Stop accumulating time towards H1B is the key here.

I feel that is doable but as I do not have access to any lawyer I would like to run it by you. Could you please confirm if the following plan would work?

1) Apply for L2 (not sure if I should apply with Change of Status or not)
1.1) Stop working at my current job as soon L2 approval is received?

2) Once L2 is approved, apply for EAD and Change of Status. (I expect this to take 2-3 months and so I wont be able to work during this period)

3) Starting working as soon as EAD approval is received and until my employer is ready to file GC or even later until I have Labor and I-I40 approved.

4) Upon approval of I-I40, apply for extension of my previous H1B with a change of status from L2 EAD to H1B?

Please let me know if my thinking is flawed and there would be challenges in making this work.
Thanks again.
 
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Hi,

I and my spouse are on L1B visa. I have been in the US since Aug'2003 and so my 5 years on L1B will get over by Aug'2008. My spouse joined me in the US in May'2005 on L1B. My employer is not willing to start my GC process as per company policies. That being the case, what are my options and chances for me to continue staying in the US beyond Aug'2008?

Could you please elaborate on possible options that I would have to stay and be able to work in the US after Aug'2008? I have tried to get my questions answered in the previous calls as well but I did not get a chance. Hopefully this time you would be able to help me.

Thanks so much for your services.
 
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Person with approved I-130 seeking F1

Dear Sir

I had been waiting for this conference call and I would highly appreciate your opininion on my case. Here is the detail.
I have been sponsored in family based first preference (unmarried son of US citizen) with a priority date of 27 Nov 2002. Currently they are working on the month of 8th Feb 2002. I came to US in 2006 on a 5 year tourist visa. Now this is my third trip to US. I think I was lucky at that time to get a tourist visa after mentioning in my visit visa application about my I-130. I am a dentist and I felt during the interview that the counslar was so impressed by my academic record and travel history to other european countries that he didn't look at application form carefully especially the back portion of the form where this question is written in a small box, and granted me visit visa. Now its my third trip to US. On my second trip I was accompanied by my mother and at the port of entry I was aked about my mothers citizen ship and I told them that she is US citizen and then they asked me if she has sponsored me for green card and I said yes I am sponsored for GC, but by my father. Then he discussed my case with some one and I think tried to pull out my file on his system and found some matching case numbers through my sponsors name and address and wrote them on the portion of I-94 card that is not attached with passport and gave me the usual 6 months entry saying, ' gentle man I know you are not going back', but he was wrong I went back to my country after three months. Now this is my third trip to US and I didn't have any problem in entering US and the question of my parents citizenship or my I-130 was not raised and he wrote a new FINS number on my visa and again gave me 6 months entry.
Now I will come to the problem. I have got admission in a dental school and my classes are going to start from July, but I don't anticipate my priority date to become current by that time. I want to change to F1 student visa and the school will be sending me I-120 in few days. I can defer my admission for a maximum of one year, but there is no gaurantee that this 9 months difference in priority date would be passed in coming 20 months. I don't want to lose my admission and if I don't avail this offer I might have to retake my board and Toefl and reapply to schools whenever I get green card. I heard that I can do that with a part time H1 as it allows dual intent, but the problem is that for getting H1 I need to have licence to practice dentistry and I cann't get a licence unless I go to the school.
Plz tell me what should I write in explanation if I say yes to the question, 'Have some one filed an immigrant visa petition for you', in I-539 change of status form. How about applying for student visa from my home country? Will my B1/B2 visa still be valid if I apply back home or over stay here waiting for I-539 decision here in US.
Plz tell me some way so that I can start my school.
Thanking you in advance.
 
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Employer wants me to work on EAD and not filing H1 extension

Happy new year Rajiv Ji,

My I-140 is approved; I-485 is filed for me and my wife in July’07 and my 6th year of H1 is expiring in March'08.

My employer is not applying for H1 extension, and they want to file EAD only.

I do not have any copies/documents for Labor and I-140; Company lawyer is not providing these documents, not even i-485 receipt(I have receipt#).

My questions are:

1. Can i apply for H1 extension with another employer based on approved I-140?
2. Do i need I-140 copy for H1 extension for 7th year?
3. Is AC21 possible in my case without any documents?


Thanks,
SR
 
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I-485 portability (140 already approved)

PD - April 04, 2007
Perm labor
I-140 Approved Date - May 31, 2007
485 Filed on July 17, 2007
485 Receipt date - August 17, 2007
EAD approved (Oct, 2007), Advance Parole approved (Nov, 2007); finger prints done (Oct, 2007)

Hello Sir,

By February, 2008 I will be completing 180 days on my pending I-485. After that can I switch to a new employer? and if I can, what happens to my current approved I-140 and pending 485 and also how it affects my rest of the 485 process. Please elaborate. Also, I am still using H1-B (this is my 8th year on my H1).

Please explain the process of 485 portability in detailed. I am a novice to portability information. Does my new employer have to file my H1 on my behalf?

Thanks much,
 
Cross Charge

Dear Rajiv,

I spoke with you on your last call regarding cross chargeability for my case. Doesnt seem like TSC is treating it as CC still. Since my case was filed during the July fiasco, there is no way to know if it was receipted as CC. My concern is that it will fall through the cracks. I called again, and they are still telling me that the case will be approved as per EB2 India - name check for both of us is clear.

I have done the following:

Faxed request (Lawyer sent this)
AILA Liason (no reply)
Congressman's office(No reply)

1. Is there anything else I can do? If this is in the law, shouldn't there be a better process like a form to apply? Is there a form for cross charge or recapturing PD that should have been filed with I 485 or is everyone doing the cover sheet and bold lettering (a tad non official in my opinion).

Additional quick questions (if we have time):

2. If I am paying 50% for GC, does company's lawyer have (ethically) dual representation obligation or can they just blow me off?

3. For opening Service Request - why does customer service refer to notice date instead of receipt date - I thought USCIS honored the reciept date that is on the receipt notice they sent?

Thank you for your answers and an excellent service !

EB2 PD 1/11/07(TSC, CC??)
I 1485 : 7/26/07 (RD)
I 485 : 9/17/07 (ND)
 
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USCIS website

Hi Rajiv,

As per my attorney my I-140 got approved 2 months back. Attorney informed me thru email and also i got it confirmed over phone from para legal. But the USCIS website is still showing as case received and pending. The application was sent to Texas service center. Neither me nor my employer has I-140 copy. Mine is labor substitution case. Stating this, my question is - Should I really bother about USCIS website not showing the correct information. I am not sure what should i do in this case. I called USCIS call center 3 times either they say they cannot provide more information than what is shown in the website or they are saying we dono if the site is upto date. Once they said if you have hard copy of approval notice, then go with that.

I am really concerned and worried as i have only 1 more year in my H1 i do not have much time left out if anything goes wrong.:confused:

Thanks a lot for your time.
 
Invalidated I485 application after 3 years

Hi Rajiv,

Thanks in advance

Our I485 was filed in Dec 2004 while we were in Michigan , when the visa numbers were current for our category, but the USCIS receipt date on I-485 receipt was put as Jan 3 2005 (which was a Monday). In Jan 2005 the visa numbers were not available. But the USCIS did not send our 485 application back, instead they accepted the same and issued EADs for the next three years (up until now). In the mean time we had an 485 interview in Sept 2005, where they asked for additional documents and did not say anything about the non availability of Visa numbers at the time when 485 was filed.



In Dec 2005, we moved to Virginia and requested the file to be transferred to Virginia, we had another interview scheduled on 7th Jan 2008, where the Immigration officer told us that The visa numbers were not available in Jan 2005 and that your application should never have been accepted by the USCIS and that it was a human error on their part and they are sorry for the inconvenience, therefore your I485 is denied. They also said that that they have no record of the interview that took place in Sept 2005, in Detroit where as we have a letter from that interview. They said, we could file another 485 if the visa numbers are available (which is not the case right now). Both me and my wife are working on EAD status and don’t have an H1 B status right now. What do we do?


Thanks a lot for your time
 
Citizenship Application- Arrest record?

Here is my situation. I had my interview in August 04 and my application has been pending all this time. A week ago the immigration office sent me a letter saying that they need me to retake my fingerprints because the ones on file had expired. They also asked for two pictures. I send these requested documents.

Now, today I received another letter which is titled CONTINUANCE and it says that they need additional documents to make a decision on my case. This new letter asks me to send two more pictures with the right ear visible. It also asks me to provide Police/Arrest Records. It says if not available, provide official or certified evidence from appropriate law enforcement agency or court confirming the unavailability of record.
My issue is that when i filled up my application for citizenship, I don't believe i disclosed an arrest (?). Basically, I was working for a CASINO and the guard ( police?) at the CASINO arrested me for what they thought theft. It wasn't. I had taken a $10 gift from the customer (an acceptable thing), but I had put it in my drawer by mistake. Then i took it out of the drawer and I put in my pocked, so I guess they saw me on the camera and they came and took me to the office. The drawer was counted and by the time they let me go the person in charge ( my manager) confirmed to the arresting officer that no money was missing and the drawer balanced out exactly. The thing is that I never really considered this to be and arrest ( is it?) and nothing came out of it ( never charged, nothing).

What should I do here? How is this going to affect my case? How do I get a record of this?

When I did my interview and filled this application this issue never came up. I never disclosed it cuz it never occurred to me.

What should I do here? Any advice?


It also asks for COURT DISPOSITION records.

Where do I get this info? What kind of record are they talking about?

Why are they asking me for this info?

How should I proceed with this?

The letter says that I have to provide this info within 30 days and failure to do so may result in my application being denied?

Don't they already have all my records as a result of my background?

Why are they asking me for this? Has anybody experienced a similar situation.
Am I over thinking this or should i be concerned? Please help. This site is the most helpful in whole internet.Thank you, Balkan.
 
Hi Rajiv,

My situation is that I am currently on H1 (recieved in October 1'2007) but I started working (meaning being on their payroll) for them as of Decemeber 1'2007. Prior to October 1'2007 I was working on L1B with a company and kept
working for them until November'2007.

I have the following three questions:

1. Can I change jobs and get my H1 transferred immediately or should I wait for some time (currently I only have one paystub from them)? If I should wait then how much time should I wait?


2. As per my employment contract with the employer I am required to give the employer a month's notice before I decide to change jobs. My query is that if I decide to change jobs and give my employer a month's notice is there some risk involved in that? I mean Since my employer would know that after a month I will be no longer working with them, can my employer decide to apply for canceling my H1 during the notice period?

3. Since I did not work for my current employer for the months of October'2007 and November'2007 will that have some effect when I apply for H1 transfer/extension in future or if I apply for my green card. If yes then what can I do now to rectify the situation?

Will really appreciate your kind replies to above queries.

Thanks a lot !
 
Timeline for the interview..

Hello Rajiv,

Appreciate your time for the call.

I did get reply on this issue from other participants. Just wanted to make sure.

How much time do you get for the interview? I.e. duration between the day you receive the interview notice and the day of the interview. Do you get at least 4 weeks? I want to go out of country for 15 days.

Thank you in advance.

N-400 timeline Nebraska Service Center/Chicago
Priority date - 7/24/07
Receipt Notice - 08/09/07 + 2 days
FP notice - 08/15/07 + 2 days
FP appointment- 9/11/07
Interview Letter Received - XX/XX/XX
Interview Date - XX/XX/XX
LUD: 08/09/07
 
After getting GC

Hello Rajiv,
Wishing you a Happy & Prosperous New year.

I recently got my GC. I have following questions:

1. Is it must that I always carry GC with me.

2. I am working with the GC sponsoring employee for the past six years and I have intent to continue. My 485 was applied 8 months back and I got GC 2 months back. If I loose my job because of lay off, does it affect my GC or my naturalization process?

thanks for your time and help.
 
Is H1B Transfer Possible After Entering US on Advance Parole.

Is H1B Transfer Possible After Entering US on Advance Parole.

I am Currently on my 8th Year H1B. The H1B Visa Stamp on My Passport has already expired. My Labor and I-140 from my present employer "A" is already approved. The I-94 which came with My H1B Approval notice is Valid until May 2010.This H1B Petition was Approved in May 2007.
The same employer "A" also filed my I-485, Advance Parole and EAD in July 2007.AP and EAD got approved in October 2007.

Since my H1 Visa was expired, i travelled out of USA in November 2007 and have entered USA on Advance Parole, and i got "AOS" , "PAROLEE STATUS" I-94.
Note that my H1B Approval notice with my present employer "A" is valid until May 2010.

My Question is can i transfer my H1B to another New Employer "B", using the "PAROLEE" I-94, and I-140 Approval Notice from my current employer "A"?

Will USCIS Approve my H1B and will they Issue me New I-94 with H1B or will they ask me to go out of USA and get my H1B Stamped?

Please let me know.
 
Dear Rajeev

Happy new year 2008! We always have to be optimistic regarding some legislation\administrative action to resolve the green card unavailability (especially now, with the unavailability of EB2 IN).

My questions relate to preserving of PD with the filing of I140:
-Once I140 has been filed and approved, the PD becomes the employee's (regardless of whether the employer later revokes the I140). In such a situation, what is the documentation that the employee needs to use the retained PD later?
-Is the extension of the H1b possible in 3-year increments after filing I140? (Recent processing dates at NSC for I140 have not reached July'07. Once they reach July'07, they will have to deal with a flood of I140's. So, people who filed their I140s after July'07, will have a very long wait time before they have approved I140. Hence, the question).
-Does the abovesaid extension of H1b (with filed\approved I140) need to be with the GC sponsoring employer?
 
Happy New year Rajiv, I took your phone consultation couple of years back. My case was pending with AAO Indian CA- EB3- 3Year degree, And Good news is We won that case and AAO approved the case on Chartered Accountant basis only. I will share the complete details with you along with the decision soon, so others can benefit from it. But question I has is as follows:

My wife was on L1A and her visa and I-94 expired on Dec 26, 2007. She is a dependent beneficiary with My I-140 and Concurrently filed I-485 petition, under her own I-485 pending after finger printing completed. It was pending since my appeal for I140 denial was pending with AAO and with this case in our favor my I140 will be approved(I hope) and My I485 which was inactive will be revisited.

Her company doesn't allow here to work on EAD so we never applied for it before and we kept her on L1A visa in view of the AAO situation. She stopped working on December 27, 2007 and went on paid leave from her employer which she can go till Jan 26, 2008. Now her employer is questioning the fact that as she cannot work (no EAD) so how they can pay her in violation of immgration law.Per her employer it is ok for her to stay as she has I-485 pending. We told them that the benefit she is getting is the benefit accrued to her due to her working legally per immigration laws and the payment of the same when person is not working should be OK. As Immigartion laws prohibit employment without valid work visa or EAD but doesn't deprive the rights accrued during employment like paid leave or bonus etc to be paid after cessation of work as the law just stops you from working and not cease the benefits accrued to you from your valid and legal working. The payment of paid leave in this case in our view will be a non working benefits and should not incur any hardship for the employer. As she is not working to earn this payment. Can u please clarify. thanks in advance.
 
Chunky

My wife and I applied for AOS in July,07 with me as primary applicant. We both were on H1 at the time of filing. My wife's project ended in September 2007and she resigned. We both got our 485 application receipts and did not file H4 as she can stay under authorized period of stay.
Dwe have to fill any form or inform USCIS that she is not on H1 and under authorized period of stay.

She is in India at this time and will be using Advanced Parole to come back.
 
Cancelling GC

Hi Mr. Rajeev,

Thanks for taking my question.

I live in India and was married in 2004 with US GC holder. Immediately after marriage we filed an application for my GC (in 2004). I got divorced next year and never visited US.

I just finished my doctorate and was accepted to attend and present my paper in a conference in California USA from Feb 22- 24, 2008. I was told in one forum to cancel my GC petition because otherwise I will never get NIV. I sent a letter in October 2007 to NVC with copy of my divorce decree and letter stating that I want to cancel my GC petition. I never got any reply back and never was able to talk with them over the phone after several attempts.

MY QUESTION:

When I will go for an interview for B1/B2 visa, I will tell them in form that I had applied for immigrant visa, how am I going to prove that I have no intention to stay now in USA and I have already applied to cancel my GC petition? Do I have a chance of getting B1/b2 visa? I have accumulated all proper documentation mentioned in Delhi consulate web site.

I will dial up to listen to you during phone conference. Thanks Once again.

Regards,
Sneha Mishra
 
My options after 6 years

Hello Rajiv
Happy New Year. My 6 years H1 is completing at the end of June 2008 and filed my I-485 during July 2007. My question is I want to change my employer and can the new employer B file for my H1 extension based on the I-140 approval from old employer A and get 3 years?

I want to move on H1 as back up. So, if the job duties need to be same, then will that be the duties mentioned in LCA for H1B? Does the same thing apply that the job duties need to remain same even if I use EAD and switch to other employer? Is that called invoking AC21. Do I need to inform USCIS about change of employment?

I wanted to make sure that I need not start my whole GC process again as I am already in this for past 4+ years. Please clarify.

The basic question is how AC 21 works and how can I use it in my case after 180 days. Is AC21 applicable to H1 transfers after 180 days or Is AC21 specific and applicable only after we invoke EAD?

Thanks
 
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