Recording available for Jan 17 Conference Call

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monica1

monica1

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Recording available for Jan 17 Conference call.

http://www.immigration.com/community-conference-calls-recordings


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Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: Jan 31, 2013

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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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8th year H1B extension under rfe and most likely will be denied/options for me

8th year H1B extension under RFE and most likely will be denied/ Options for me??
I am currently on an 7th year extension with my school employer (valid until August 2012). An 8th year extension has been filed back to July for which my attorney got an RFE (request for evidence from CIS). We have to respond by the deadline February 22, 2013.

CIS is requesting evidence of an I-140 petition or a pending labor certification for more than 365 days. We have neither. My previous 7th year approved H1B extension with my current employer with the same service center and attorney has been based apparently on my previous labor certification with my former employer who did not proceed to sign my I-140 petition.

The fact is my previous 7th year H1B extension with my current employer has been filed and approved while my previous labour certification with my previous has died. In other words, by the time my attorney has filed for 7th year H1B extension, my previous labor certification has died. Yet, I have been granted a 7th year H1B extension.

Today we are requesting an 8th year H1B extension which for which wehave gotten an RFE to respond by February 22, 2013

My attorney has planned to respond near the deadline. We have neither a pending labor certification for more than 365 days nor a filed and approved I-140 petition. Most likely, our request for an 8th year H1B extension will be denied.

My attorney strategy is to proceed as planned with my current employer with advertisement and recruitment process (PERM process) and to complete a new labor certification and to file an I-140 petition.

At the same time, there is no appeal for H1B extension. My attorney plan to seek a writ habeas corpus in federal court and ask a judge to rule in our favor. That CIS memorandum carries practically no legal weight. One of this memorandum states that CIS will not extend an H1B beyond the 6th year where the labor certification expires without the filing of an I-140. That there is no statute or regulation to support this. Rather, CIS has issued their own "opinion" of how these matters should be handled. This is in violation of the APA (administrative procedures act).

I do not know if it's going to work and if the judge will rule in our favor, not to mention the financial burden with additional legal fees and expenses.

I doubt that my current process of labor certification will be completed and my I-140 approved by the time my H1B extension will be probably denied by CIS (April). I-140 could be premium process but not the labor certification and it might take time. Not to mention an eventual audit.

It's a race against the time for me as most likely our request for extension will be denied with calculation around April 1st 2013. From which point I will be effectively out of status? Is it going to be from CIS decision about this request for extension or will I have 180 days from the decision before being out of status. I also heard that I will have 180 days to leave country.

How about the 240 day rule saying when an extension of stay is timely filed, during the pendency of adjudication, the 240 days rule kicks in ( I can continue to work for my current employer). Could I use it in addition of my 180 days to gain time before being out of status?

What are my options here???

I do not want to leave the country and stay one year in my country and to re-enter USA with a new 6 years H1B term if granted abroad even though my employer is not ruling out this option.

My wife is under F1 status with good standing and records. She is going to school here. Could I transfer and change status without leaving the country from H1B to F2 as my wife dependant and to tansfer back from F2 to H1B and to return to teaching shorty with my current employer?

How changing status from H1B to F2 and vice versa back will impact my current labor certification process by switching status back and forth? If this option is possible and has no impact on my labor certification process, I should then consider that. That's why knowing from which day I will be really out of status will help to plan accordingly.

I am just trying to anticipate down the road with my options worth case and to prepare. Any help or advices will be greatly appreciated as time is definitely running against me.

Thank you.
 
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I had my citizenship interview a couple of the days ago.....every thing went Wel, I passed every thing and I was asked to wait
For a swear in that was taken place at 2 pm that same day........whiles I was waiting I had a call from the officer who interviewed me and she said she is sorry but I can not be sworn in that day bcus of my past dui case in 2010 but I should expect a mail from them...... which was dismissed, all charges were dropped and expunge by my lawyer....I actually went there with all my court papers....am worried what could have went wrong........
 
OPT after M1 possible ?

1)Is it possible to obtain an OPT visa after 10 month school in photography on M-1 (ending June 2013)?
2) If so, what is the process to file for OPT (school, student, employer, lawyer - what does each need to do) ?
3) Is an H1 visa in this field possible after OPT or do I have to return to home country?
 
RFE on H1B trasfer.

I am working on H1B visa and I am having question on RFE which my employer got.
My situation is describe below:

I changed my job from my current employer A to employer B and in my next assignment with employer B there were two vendors,vendor B who sponsored my H1B petition, vendor C and then client X.

Employer B filed my H1B extension in August 2012 and i started my assignment with end client X.
H1B was in the initial review process for 4 months and then i received on RFE on it in late Dec 2012 and it was regarding establishing employer employee relationship and we have to file a reply by 29 Mar 2013.

In the meantime client X also started my H1B transfer in Jan 2013. My question is if in worst case my H1B transfer with employer B got denied will it affect my status or my H1B filed by client X in any way? What options i have to avoid any problem in this scenario?

Any advice or help will be greatly appreciated.

Thank you.
 
Is H1B VISA stamping required for the new H1B transfer if existing H1B VISA is valid?

Hello,

I am working for a company A in India. I got my H1B done from an another employer B in USA, it is valid from January 2011 till January 2014 also got the H1B VISA stamped in India. Now my current employer A has got my H1B from B transferred on it's name and the new approved I-797 is valid from December 2012 till June 2014 (got 6 months more valid period on the H1B transfer).

My question is:

Do I need to go to H1B VISA stamping again when my existing H1B VISA from B is valid till January 2014?

Or can I travel to USA and work for A with the existing valid H1B visa from B along with the approved I-797 from A?

Please help answering this..

Thanks and Regards
Vista_
 
EB2-I Priority date movement

Hi Rajeev,

What is your anticipation about the priorty date movment for EB2-I in the upcoming March or April visa bulletins. In you blog on 28th June 2012 you mentioned “ It is unlikely that the cut-off dates will move forward at all till April 2013 (which will show up in Visa Bulletin for March 2013). The movement is likely by at least a few months. An advance of six months is possible, although an advance of one year is not likely. Latest articles with priority date movement are confusing.

My priority date is Dec-2004 and in which visa bulletin you think the dates might move beyond this date.? Thank you for your reply.
 
Green card for parents

Sir,
My daughter is a USC. She applied for our green card on Sept 2012. We are doing concurrent processing. We got our finger printing done within a month. After that no communication from USCIS. We live in KY as my husband is on H1 and works here. I have two questions.
1. We have not submitted I 131 form as we are on H4 and H1. Can we leave country while the processing is going on.

2. How long we will have to wait to get green card.
Thanks and regards.
 
I-864 Complications?

My brother is currently on disability because he is paralyzed. He married a Brazilian woman he has known for quite some time and she needs a sponsor. He can't sign the I-864 because he does not have enough income ans so they asked me. This is a fairly large commitment isn't it? If I do sign, what are some of the ramifications, for example, if she attempts to get government assistance. How long will I be responsible for her? Any advice would help. Thanks!
 
Stamping required if you chnage employer

Hi,

Recently i joined in Company A and went for stamping and my visa approved till 2015

Now i am thinking to go back to my previous employer(After joining in new company he didn't revoke my old H1).

Now my question is can i go back to my previous employer ?if Yes what i need to do from my side or employer side.

If i joined in my previous company do i need to for stamping again ?
 
Hi,

My immigration interview is fast approaching in couple of weeks and I just remembered that my passport has expired.

Do I need to renew my passport before I go there?

Thanks
 
H4 to H1b ( Change of Status)

Hi Rajeev,
I was on h1 for company A for 2years 3 months and converted to H4. Now I got a job in company B and they are ready to apply my H1 change of status.

Since Dec 2006 - Sep 2007 on H4
Oct 2007 - Jan 2010 on H1B
Jan 2010 - Till date on H4

My question is :
How many more years I can able to get H1b extension? Does 6 Years count from Oct 2007 Till Jan 2010 or Oct 2007 to till date?

Thank you !!!
 
Forgot to attach Valid Reentry Permit with Form I131

I applied for reentry permit , attached the photocopies of Valid RP, but didn't sent the orignal valid reentry permit...
My Question --
1. Is the request will be denied.
2. If yes ...should I send them as soon as possible.
 
changing employer using AC21 while AP/EAD renewal is pending

I have received EAD/AP in April 2012 and eligible to change employer using AC21. I have to file for EAD/AP renewal now. I have new job offer to join job in 3 weeks and want to use AC21 to change employer based on 485 application filed by my current employer. I will transfer my H1 to new Employer in premium processing and maintain H1B.

Question 1: Should I file EAD/AP renewal through existing employer this week or through new employer next week along with H1 transfer and AC21 ? What is safe?

Question 2: Since EAD/AP renewal process takes about a month or more. Can I file AC21 to change employer and new H1B during this time? Will it impact my EAD/AP renewal?

Question 2: If my wife starts job using EAD in March(expiring in April 2012) and renewed EAD comes in May 2013. Can she keep working based on pending EAD renewal application ?

Question 3: If my new job offers 50% more salary than my current job , will it be problem for AC21 and 485 approval?
 
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Change jobs after 1-140 and on H1B extension?

I am an Indian journalist working in the US. I have a US Master's degree in Journalism and 12 years of experience.
My PERM (in EB3) and I-140 were filed in 2008 by Employer A and I am waiting in the long queue for a visa number. My 6 years on H1B are long up and now I file an extension every year. So, no EAD yet.
Now, a new employer wants to hire me - same job/position - different company. What does Employer B have to do - transfer the current H1B and file a new PERM (hopefully in EB2)? At what point could I start working at their office?
 
EB1 processing, while EB3/EB2 PERMs on appeal with BALCA

Hi,
My employer initiated my GC (EB3) processing before the 5th year expiry on H1-B and it got rejected, due to a mistake by attorney.
After EB3 PERM denial, my employer initiated EB2 PERM (after completion of 6yrs on H1) and it was also denied.

Both the PERM denials are currently appealed with BALCA and I got my H1 extensions twice using the EB3 pending PERM.
After reviewing my case again in detail and my current and past designations/responsibilities, attorney suggested to initiate EB1-C based on my managerial experience before coming to US.

- Could you please let me know, whether my PERM denials have any impact on EB1-C processing?
- Can we leave the PERMs without withdrawing them from BALCA, till a decision is made on EB1-C case, as I would like to file for another H1 extension, to be on safer side?
- As my EB3 PERM appeal can be denied by BALCA anytime, can I file the next extension based on EB2 PERM, till I get a decision on EB1?

Thank you.
 
H1b Transfer after NOIR notice - Time frame for current processing: 12 months

H1b Visa Stamping Interview: Dec 2011, received 221(g). Case sent back to USCIS for further review. Received Intend to revoke notice on Jan 2013.

1) It’s being one year processing and I don’t have recent pay stubs. Can I transfer my H1b (Master’s quota) with new employer without recent pay stubs while case is under processing or need to wait for new quota for April 2013?
2) If my current H1b will revoke with current date or backdate, Am I eligible to apply for H1b transfer or need to apply for new H1b with New Year’s quota.
 
Opt rfe

Case:

As a part of “Curriculum Practical Training” in my Master’s Programme I had received an employment/offer letter through a consulting company during my last semester of Master’s .I was under training with the company for a period of 3 months and which was 20 hours of work authorization per week.The company trained me in an area related to my course and I completed the course successfully.


The offer letter described that I will be paid $ xx per hour. But, I was not paid during CPT which accounts to gross violation of the offer letter content issued by the consulting company (because of which now there are no pay stubs with me and my status at that point of time was more like an unpaid intern) and the consulting company would have paid me only after I received OPT work authorization and also upon continuing to work for them or their clients.

As my CPT term ended and the process of OPT took some months I Started feeling something was amiss in my OPT work authorization process.The consulting company wanted me to continue staying in their premises which I could no longer withstand and I decided to leave them.
Now after several months of grueling and endless wait for my OPT I received a Request for Evidence.
The RFE:


1. Employer's address Pay/location/my roles and duties to be stated from the employer letter.

2. Documentary evidence of pay stub,statements or automation deposits.


My question:

Do I need supporting documents from the Consulting Company?
As my consulting company now says: “You have never joined us for employment, then how can you expect an employment/offer letter from us(As a matter of fact this was the same company from where I finished my CPT ). We had sent you a notice and we did not get any response and so you cannot expect that now”.

I would like to mention here that I can provide the employment offer letter which was offered to me. But the real problem is I do not have pay stubs as I was not paid.

So, from where do I bring the documentary evidence which does not exist?

The company does not understand that they failed in landing me the right job and right position which made me leave them. The consulting company is very reluctant to provide me with documentary evidence indicating that I was an unpaid intern because of which I am being made to suffer.


Further, Can I discontinue my work authorization application which is pending with the USCIS by not replying to the Feb 3rd week deadline set by them in my case. and can I join some other good university to pursue masters while trying to continue staying in F1 status and by doing so will I be able to receive my OPT work authorization this time around.
 
Dear Rajiv,

i am getting naturalized as a US citizen (fingerprint done in Dec 2012).

my mother is with me in the US w/ her B2 visa extended thru early april 2013 on medical reasons. my father is coming to the US on a B2 visa separately. neither of them know of my plan to apply for their green card. i plan to talk to them in the next month or so.

if my citizenship certificate does not arrive before my mother's I-94 expires in early apr, she will be out of status. anything one should be mindful of when submitting her i-485? how to overcome USCIS' potential preconceived intent as her B2 status was extended (it was for medical reasons, but could it be misconstrued as preconceived intent so she could wait till my citizenship is approved)?

anything else to be careful of in this application?

if my own income is insufficient for i-864 sponsorship, but my joint tax return w/ my husband is sufficient, does he need to sign the i-864 or only i need to sign? how is asset calculated in meeting the i-864 requirement?
 
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