Recording available for Jan 17 Conference Call

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Work Permit

Hi Rajiv,

Happy New Year 2008 to you and your team :)
I was waiting for this call from a long time. I was not able to gather much information regarding this question so I thought of posting it here. I have less than a year left on my J1-Trainee Visa and I have also got the J1 Waiver. Besides applying for H1b in april is there any other option or process by which I can stay and work here.

I would really appreciate your advice in this regard.

Thanks.
 
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EAD & Business

I was laid off within 180 days after filing of I-485 and 180 days will be over now. I and my wife have the EAD. My wife has opened an s-corp and I have started working under the same title as earlier and having very good business. What is the next step to stay legal? Do I have to file AC21, if yes then when? Please advice for any thing I have to do before renewing my EAD & AP.
Thanks
Joy
 
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Travel to Canada pending Advance Parole

Hi Rajiv,
I applied for EAD, AP. I485 and I140 in August 2007. I got EAD in November 2007 but still waiting for Advance Parole. I'm currently also maintaining my H1B status. I 've a plan to visit Canada for two weeks.

My question is :

Can I visit Canada and return U.S on expired stamped visa and valid H1B petition? I was told that under "Automatic Visa Revalidation" I can re-enter U.S on expired stamped visa and valid H1b petition as long as I'm going to Canada for less than 30 days.

Since as of today, my advance parole is still pending, will travel to canada affect my pending I485 and advance parole?

Thanks.
 
Sir,
I am now on J1 Visa with two year rule which expires on 14th Jan,2008. I am given new DS 2019 extending my visa till 14th Feb, 2008. Waiver process is not started yet.
Can I get another extension of my visa with or without two year rule?
Is it possible to get Third country visa at this stage?

Thanks,
Sushraja
 
Changing job on AC21....

Hello Rajiv,

I have posted these questions in another section, but not sure whether that was the right place, so I am posting these again.

I am on H1B 8th year extension. My I-140 is cleared. I-485 filed (will be completing 6 months by this month end).

When I had filed for my GC with my employer I had signed a document stating that I will continue my employment till receipt of GC and for a period of 6 months after the receipt.

Now I want to join a new employer. My questions:
1. Can I join a new employer on AC21? Can my employer cause any problems due to the document I have signed?

2. I will probably be joining on the same designation/ duties but on a higher salary (difference about $15K more). Will this cause any problems with my I-485 processing?

3. Lastly a GENERAL QUESTION - It is often mentioned that GC is for a future employer. If employers are changed thru' AC21, who is the future employer? Is it still the one who had filed the GC labor or is it the one whom candidate has joined thru' AC21.

Kindly advise.
 
Hi, Rajiv
Thank you for the service to the immigrant community. I have a question regarding Advance Parole. Myself and my wife have applied I485 and have AP and EAD which is valid until October this year. We have extended the H1 and H4 too.

We are planning to take a vacation this summer. My wife would like to stay for around 3 months out side USA. Is it advisable to do like that? in some places I read that extended period of stay may challenge the I485.

1. Is it better to use AP to return or get the H1 and H4 stamped and use that.

Your advice is highly appreciated.
 
AC21 And H1b Extension

First of all I would like to thank you for your great service.

I am in my 6th year of H1b and will be completing 6 years in Feb-08 with company A, and I filed my I-485 in July with my wife .we already got our EAD,AP and Finger Printing notice.
I am planning to take fulltime time job with Company B by filing AC-21 after passing 180 days from receipt date.

Here are my questions:

1. For filing AC21 do I need to have exact same job profile? For example from Programmer Analyst to Sr.Programmer Analyst, is that OK?
Does salary needs to be same? In my case my base salary will be less in the new company B but I will get good bonuses.

2. After joining the new company B by filing AC21, for some reason if I don’t like the job and leave the company B after 6 months or a year, do I need to file AC21 again?
Can I apply for 3 years H1b transfer/extension with Company C? Or Do I need to be on EAD Only?

3. On EAD Can I be not working for some time, without any employer?

4. My wife is on H1b and has her EAD as my derivative, in the future can she switch between H1 and EAD anytime?

5. If I switch my G-28 authorization from current attorney to New Attorney (I am considering you or someone like you), will that transfer future communication to new authorized person? How can we make sure that?


Thanks in advance.
 
AC21 skill Set

I have one more question about SkillSet while filing AC21.

While changing the employer after 180 days with Ac21, can i change the Skillset also ?

For example i was working on Java and moving to SAP..
 
Hi Rajiv,

I have posted this question in another section also, but I wanted to talk to you also. So I am posting it here.

I applied for my I-485 along with my wife and 10 yr old daughter on 08/13 /07. I and my wife got receipt notices for I-485 and my EAD. My daughter's application package was sent back on Oct 18th 07 telling the fee was inaappropriate. Rejection notice said apply back with entire package and correct fee, which I did, along with a letter stating that this is a re-submission of my daughter's application and requested to attach the application with mine. After almost 2 months of waiting, the application was rejected and sent back telling that the application CANNOT be accepted since there is no priority date(PD) now for the underlying visa petition, and also asking us to apply again when the PD becomes current. It also said my I-140 was accepted and approval notice will be sent soon. My I-140 is approved already in 2007 May, I don't know why it was mentioned in my daughter's rejection letter. We called USCIS several times as to what to do next, and as per their direction took infopass appointment at the local visa centre and talked to the Immigration Officer, who after listening to us and looking at the documents said it was unfortunate it happened like it did, but she cannot do anything, and we have to contact NSC and resolve the issue.

So where do I go from here ? Should I re-submit my daughter's application now or wait for the PD to become current and then re-submit. Please advice.

Thanks in advance.
__________________
 
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How long can L2 Visa holder with EAD stay in US without L1 being in US

This forum is now open to post questions for Jan 17 Conference Call.

I am on L2, whcih's valid till Dec 2009. My EAD is valid till Sep 09. My spouse who is on L1 (valid till Dec 2009) is travelling back to India as his assignment has come to an end. He will be remaining with the same company.

In this scenario - (a) can i stay in USA till Sep 09 without my spouse being here (b) are there any restrictions / conditions associated with this

What's meant by "L1 Visa holder maintaining L1 status". Does it mean - not going for another visa, being within the visa validity period and staying with the company that processed the Visa. OR does it mean staying in USA?

Accurate, reliable info will be of great help to me.

Thank you
 
Mr. Rajiv,
In your opinion, what do you think it would take for a change in the law regarding the unification of green card holders with their spouses?
Thank you
 
I'm applying for GC for my parents and my mom's family moved from Lahore to India before partition.
I've recieved RFE from USCIS stating that they need a non-availability of birth cert. Of course, I cannot get hold of this from her place of birth. I've affidavits of births with me, what would you advise I do in this case? Can the lawyer make a plea for me, etc?
Any help will be highly appreciated ..
 
B visa

Is it true that an elderly parent of E 2 holder can come to the usa as a dependent of the E visa holder and stay in the USA (keep renewing B visa) and stay for the duration of their Children's E visa?
 
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.

I contacted the CASINO and now they tell me that that was an official arrest even though people who " arrested me" were plain clothe. I guess that's how it works in this state. Official state police with no uniforms guard the Casino. They said nothing came out of it because as it turned out ( after counting the money) I had not done anything wrong.

What should I do now?
 
Dear Rajiv,
Thank you for a wonderful service. I would appreciate if you can answer my issue.

I am currently on H1B. I have a pending I-485. And have an approved EAD. Me and my wife are planning to adopt a child (1 year old) in one year from India. What happens if our I-485 gets approved before we adopt the child. In that case, how will we able to bring the Child to US?

thanks,
Sunny
 
Can I travel after N400 related fingerprinting?

I live in California. My N400 related fingerprinting was done in December. I am in a situation where I need to go to India for anywhere from 1-4 months. Can I go to India without impacting my Citizenship application?
 
We need a big explanation to our problem

Dear Law Office of Rajiv S. Khanna, PC,

How are you everyone? Merry Christmas and a Happy New Year!

I’m sorry in this grade season I E-mail to you because we can’t wait more time. My name is Herwin and my sister’s name is Hannah Lynn and we are both United States Citizen. My mother is a Filipino and my father is a chinese. we, right now we are temporary visa stay in China with my family. For the none reality message, my father is planning to carry us to china study Chinese language, but we got a problem, they would like us going to public school. The local government officers said we are not citizen of China. Right now we got a problem we need to go back to the states and take the high school class, but we don’t have relative’s there, and we are minor child’s we cannot do looking the school and then rent a house to stay, and we don’t know yet how to prepare our daily life, That’s why, we make a letter to your office. Can you give us some advice? what kind of Visa for my parent’s to carry us going to the school in States? Please give us consideration and more explanations, because we already asked the US Government office. They said to us look the nearest embassy or consular in our place to ask help. But, they tell us to read some government visa info. in the internet. But, I still don't know what kind the visa will my parents apply to get in US. That's why, I don't know where to look information.Please help me and give me more information, because me and my sister already lost a lot of class. Time is no longer waiting for us, Please give us a E-mail, and give us more information from your office. Please understand our big problem, and give us good help.

By the way this is our contact number's

E-mail: LinChanXin0880@yahoo.com

Telephone number: +865943889179

Cellphone number: +8613859893319



Thank You very Much and Good health to your office!!!

Once Again, Merry Christmas and Happy New Year!!!​



Kindly Yours,

Herwin Orbina Lin

Hannah Lynn Orbina Lin​

Can we chat also in computer I think it is also the easyway to ask questions from your office. Thanks!
MSN ID: marilyn251956@hotmail.com
Yahoo Messenger ID: LinChanXin0880@yahoo.com
 
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Hi, Mr Rajiv,

My wife is on F1 visa in good standing and I am her dependent (on F2 status). I also have a pending I-140 application.

Based on the USCIS online status report, my I-140 has been denied in March 2007 because of non-payment of appropriate fee and the appeal made by the lawyer was denied in May 2007. Apparently, there's a delay in posting on the status online and the lawyers said they didn't get any letter from USCIS. So we filed for EAD and AOS in Aug 2007. Surprisingly, I received the EAD approval last week.

My questions are:

1. Can I use the EAD, considering the circumstances above? It will expire in Jan 2009.

2. If I do use it, will I LOSE my F2 status in case my I-485 gets denied? My wife intends to finish her degree and expects to graduate in Dec 2009.

3. If I get employed using my EAD, can my employer file for an H1B or PERM for me, since I am not confident about the possible outcome of my current pending AOS application?

Thank you very much for your time.
 
H-1B Transfer and Visa stamp requirements during travel

Greetings to the Law office of Rajiv Khanna

I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 12 '08, the case is pending.

I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:

1. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.

2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 and use the unexpired H1 visa stamped (associated with Company A) in my passport, with all required proof of employment from Company B. Is this a safe option?

I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not find answers to my specific questions.
Thanks
 
Hi Mr. Rajiv,
I hope you do not mind a second question. I am a green card holder. My US citizenship application is pending and the congressman's office just told me I am waiting in the interview line. According to the USCIS' processing times, I should be getting my IL any time soon-hopefully. I live in the USA. I am a Turkish citizen. I filed I130 for my husband in Turkey last month. When I get my US citizenship, I will upgrade his file.
My question, although I live in the USA, can I do Direct Consular Filing in Turkey and bring him here faster when I become a US citizen even though I already submitted his I130? I emailed the US embassy with this question and I did not get a clear answer. I am going there this summer. Is it a good idea to go in the embassy and ask if I got my US citizenship by then?
Thank you.
 
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