Recording available for Jan 20 Conference Call

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monica1

monica1

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Recording available for download for Jan 20 Conference Call.

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

----------------------------------------------------
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Conference Access Number: 402-237-5412
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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I-130 documentation: "What Documents Do You Need to Prove a Family Relationship?"

Dear Rajiv:

Hope you’re well. I posted this issue on the discussion forums but haven't got a sufficient response and would like to get your comments in this regard:

SITUATION:
I'm a US Citizen and recently got married to a lady in India; after the marriage I left her abroad where she is waiting for her Immigrant Visa petition to process. I'm submitting an Immigrant Visa petition for her; the idea is for her to get her Immigrant Visa via Consular Processing at a US Consulate in India. I'm submitting an I-130 form with supporting documentation. The Form I-130 Instructions state, on Page 3:

"What Documents Do You Need to Prove a Family Relationship?

You have to prove that there is a family relationship between you and your relative. If you are filing for:

1. A husband or wife, submit the following documentation:...

I. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship....; or

J. Any other documentation to establish that there is an ongoing marital union..."


QUESTIONS:
1. Regarding "I. Affidavits...by third parties...", what is a valid "third party"? Would my father or brother-in-law (who physically attended the marriage) be valid third parties?

2. Regarding "J. Any other documentation to establish that there is an ongoing marital union", what are valid examples of such "other documentation"?

3. Would wedding photographs be a valid example of "other documentation"?

4. If during the next several months my wife and I decide not to settle in the States, and if I want to cancel/withdraw the Immigrant Visa petition once the I-130 has been sent:
4.1 How can I do so? Is there a form for this?
4.2 Can this withdrawal/cancellation be done at any point during the processing of the Immigrant Visa application, including before/after CIS requests us to start preparing for the beneficiary's Immigrant Visa interview at the US Consulate in India or just before the benecifiary's Immigrant Visa interview?


In advance, many thanks for your kind advice,

Sikander
 
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H1B to H4 to H1B approved but 221G Yellow while stamping

Hi Rajiv,

My Wife got 221g Yellow while H1B stamping. It has been pending under Admin processing since 2 months.However I am on a valid H1B working in US.
Earlier she worked on H1B and applied for COS to H4 and got approved(valid till Aug 2012).After that she applied for COS from H4 to H1 and got approved (valid till June 2013).Then got 221g Yellow when she went for H1 stamping in India.
Also please note that her previous visa stamping on the passport is H1B but not H4.

1. If her current H1 gets rejected for some reason, can she attend the consulate directly for stamping with her old H4(as that i94 is still not expired(?) but she moved to H1 after that)? OR do we need to again apply for new COS to H4 to USCIS and wait until it is approved and then go for stamping to consulate? The 2nd option obviously takes more time which is the reason why we are more
concerned. Or Is there any other good option for her situation?

2. Can she go for her H4 stamping when her H1 221g is still under Admin processing? Should we with draw our H1B petition from the consulate before going for H4 stamping?

Kindly please suggest.
 
Hi Mr. Rajiv ji,

Namaste. I am currently on H1-B Visa. Kindly see below years of my stay in USA.


Year 2000: Came to USA on F1-Visa.

Year 2002: Completed my M.S. degree.

From June 2002 to May 2003: I was on one year OPT.

From August 2003 to September 2004: Enrolled in Ph.D. The last Ph.D course I took was in May 2004. As summer (from June 2004 - August 2004) is optional for F1- students, I did not enroll in any Course during June 2004 - August 2004). However, I enrolled for Ph.D courses in August 2004 and then dropped Ph.D courses altogether in August 2004 as I found an Indian Software company that filed my H1-B in July 2004 (H1-B effective date is October 1, 2004).

Never left USA since year 2001, not even for H1-B Visa stamping.


Questions:-
(1) Am I considered out of status because the last Ph.D course I took was in May 2004? Kindly confirm.

(2) My first H1-B employer (India Company A) never paid my salary for about 11 months from October 2004 to August 2005 even though I worked on in-house project. I did not file any complaint against my previous Company A. Company A took my signatures on some paper form that says that I was on vacation that period from October 2004 to August 2005. I am planning to go to India for H1-B visa stamping in Feb. 2011. Will this cause any issue when stamping?

(3) I transferred my H1-B visa to Company B after August 2005 from Company A. Since then, I was paid on time with Company B. I have all W-2's and Tax returns since 2006 up to year 2010. I have W-2 for part of year 2005 that I worked in Company B. As a part of the H1-B visa process, how many years of W-2 and Tax returns do I need to present to Visa Officer at US consulate in India?

(4) After several discussions with Company A, they generated 2 recent pay stubs back in year 2005 and gave them to me so that I could transfer from Company A to Company B. Please note that Company A did not actually pay me when they gave me 2 pay stubs. Company A gave me an experience letter that explains my roles and responsibilities, dates of employment etc.

(4a) If I tell Visa Officer that I was not paid from October 2004 to August 2005, will it cause H1-B visa to be denied right away?

(4b) If Visa officer cross questions me on how I could transfer my H1-B visa from Company A to Company B without pay stubs, then what would I answer? Please suggest.


(5) In my case, who actually broke the law (Employer or myself)? If employer broke the law, would I be forgiven and issued an H1-B Visa?


(6) What actions are necessary on my part now to take care of this issue. Do I need a notarized letter from Company A explaining the failure to pay the approved wage for the period October 2004 to August 2005. I do not think Company A will give me that. Kindly suggest.



Thank you for your help and time,
Sincerely,
Kumar.
 
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Questions on LCA and H1-B Visa Stamping.

Greetings Rajiv Sir!
I am presently in USA with a valid H1-B Visa. When H1-B petition was filed with USCIS, my employer sent LCA, I-129 and Justification letter to USCIS along with other required documents. Justification letter/I-129 says that I am working on Project A. However, Project A is completed and I am working on Project B now.

I will be going for Visa Stamping to India in next couple of weeks. My friend said that Visa officers at US embassies are asking for LCA and justification letter also.

Question #1) I came to know that a new LCA is required only when the location of project changes. However, do I need to ask my employer to file new LCA because I am working on Project B now? Please note that I am working on Project B at the same client site as that of Project A.

Question # 2) If I-129/Justification Letter has a different project than the one I am currently working on, will this cause an automatic denial at US consulate in India.

Question #3) If visa is rejected for some reason, after how many months can I go for H1-B visa stamping again in India?

Question #4) I am on 7th year of H1-B visa. If H1-B visa is rejected at US consulate for some reason, can I ask my employer to file L-1 visa and try coming back to USA after attending for personal interview at US consulate in India? After how many months/years, would my employer be able to apply for L-1 Visa if it is possible?

Please provide your valuable advice on my situation.

Thanks and Regards,
Preethi.
 
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Canadian w newborn w LPR husband.

I’m a Canadian citizen giving birth this week in Canada and staying w parents. My husband is US Permanent Res (GC holder) and Canadian Citizen. We both recently moved from Asia to raise family in US.

I attempted to travel to US in October 2010 and was denied a B2 Tourist Visa because a) I stated that I was visiting my LPR husband in US b) I had one way ticket c) 6 mo pregnant. They told me to stay home for 6mo to develop more Canadian ties (home, property, job etc) to convince that I’ll be coming back ‘home’ to Canada or have proper immigration visa.

I decided to stay for the 6mo in Canada to give birth. We’ve been long distance since. I plan to make a couple visits this year as a visitor. However, I need a more medium term solution before he becomes US citizenship which could take a few years.

Q. What is the best route for me and baby to live in US?

Getting GC sponsorship through family I understand is taking a long time and we could be physically split up for years. So I don’t think this route is desirable.
Q. Am I right to not apply now and hold out for work visa route?

Q. If I go for work visa route (I have an MBA + Engineering degree and lots of marketing/consulting experience). Can I apply for TN later in the year and get my baby on TD at the same time of application? TN may give me more work options than H1b because H1b is a more involved process and many employers may not sponsor H1bs. However, if TN is too risky, I can *try* hard to get H1b. Keep in mind that the officers may know that I have a US LPR husband.

Thank you.

jjfresh
 
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OPT (Work Permit) questions.

Dear Mr. Rajiv,
I hope you are doing well. Thanks in advance for your community service. I have questions on OPT (Optional Practical Training- Temporary work permit). Please see below.

1) While I was on 1 year OPT (received after completing my Masters Degree in USA), I did not work as I could not find the job during that one year time. Now I am on H1-B Visa with a Company A. Is it required that an individual must work while he is on OPT?

2) When I go for H1-B visa stamping, could VO (Visa Officer) deny issuing me a H1-B visa at the consulate because I did not work while I was on OPT.

3) Do you foresee any issues if I mention to VO that I did not work while I was on OPT?


Thanks for your responses,
Bhati.
 
DS -160 form questions

Hello Mr. Rajiv,
Thanks in advance for looking at my questions. My questions are related to filling out DS-160 form online. I am on valid H1-B visa.

1) Under " Previous Work/Education/Training Information" section of the form, there is a question as follows " Were you previously employed"? Provide your employment information for last 5 years. I have 6 years of experience in USA. If I do not enter all my employment 6 years of experience, would it cause any denial during visa interview?

2) Would you advice that I enter all 6 years of experience even though DS-160 form is asking for only last 5 years of experience?

3) Under "Additional Work/Education/Training Information" section of the form, there is a question as follows "Have you belonged to, contributed to, or worked for any professional, social, or charitable organization?"

I worked as in INTERN (did my internship) for a company while I was studying my M.S. degree in USA. This work is related to Industrial Engineering. However, my other 6 years of work experience is related to Computer Science. Currently, I'm working in Computer Science field as a Systems Analyst.

3a) Can I skip answering "Have you belonged to, contributed to, or worked for any professional, social, or charitable organization?" question as it is not related to Computer Science field?

3b) Could H1-B visa be denied at US consulate if I did not provide additional work experience?


4) My recent LCA filed with USCIS shows my current salary as $70,000/year which is actually $3000 lesser than what I am being paid now. I am receiving $67,000/year. Under "Present Work/Education/Training Information" section of the form, there is a question as follows "Monthly Salary in Local Currency". Do I need to specify salary that I'm currently receiving or that was mentioned in LCA? Would it cause any issues if visa officer notices the differences (for about $250/month) in salary on LCA and recent pay stubs?

5) Under "Present Work/Education/Training Information" section of the form, there is a question as follows "Briefly Describe your Duties". Should this information needs to match with what recent LCA shows?

Please help with your responses.
Thanks again,
Alapati.
 
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Hi Rajiv Ji,

My sincere thanks for all your help.

*my denied I-485, (employer 1)- [due to mismatch of qualifacation between labor & I-140 (kind of typo], was reopened after,I-140 approved with (employer2) when MTR on first I-140 was pending, then new PD given to my I-485, now all my dependents I-485’s also moved from NSC to Texas and showing as transferred status after contacting Congress men. (Thanks for your suggestion).

Q. In this situation; can I take a permanent employment at client place? If employer2 withdraws I-140, does that affect my I-485?
 
Went for H1B Stamping, Got stuck with 221(G). Can I use AP approved (after I left US) to get back ?

Dear Rajiv Sir,

First of all Thank you very much for doing this for us. It is such a blessing for so many
like me.

Applied for 485 about 4 years ago. Keeping H1B Status. Have EAD but not using it. Last AP expired in Jan 2010.

Applied for New AP (Receipt Date): 10 Nov, 2010
Left US for vacation in India : 15 Nov, 2010
Appointment for H1B visa Stamping : 19 Dec, 2010

Got 221(g) Green slip for Background check.

Submitted required Docs and will hear within 10 to 12 weeks as per their email.


I work in Bio Research. Similar type of research since last 5+ years. Have Masters from US. Applied for GC (principal applicant) about 4 years ago. H1B status is good till July 2011. Never had any issue on visa stamping in the past (Did one stamping in 2008 from India only). Have always been working, no Gaps. Just changed the research employer (one university to other university) 2 years ago.

Newly applied AP has got approved (Shows online). Will receive before the end of Jan, 2011 in US. I am stuck in India. H1B background verification may take months. Can someone mail me the new AP and I use it to enter US without any issues or abandoning my 485 or H1B? or I must wait till the H1B stamping background check response?

If I can use my new AP to enter US, I hope I can still keep my H1B status and not hurt my 485 pending application and can apply for H1B extension after July 2011 so that I do not have use my EAD.

If I can enter using new AP, is there any document I can keep with me to show Visa office if there is any issue or He cancels my H1 B or something of that type !


Rajiv Sir, I am not only thankful, I am obliged for your time and help. God bless you. Thank you Sir.


Please reply.
 
Citizenship under 319(b)

Under the expedite 319(b) law, is there any reason why I can't apply for citizenship if I don't meet the physical presence requirement? My US citizen husband works for a multinational company and is being asked to take an international assigment. I'm a PR since 2008, but have not fulfilled yet the physical residece requirements. I would like to petition the citizenship before we embark into the international assigment, but I was told by another lawyer that, because I already was away for a long period of time with my husband in a previous assigment I can't apply now. That makes no sense to me as this law says that the physical presence is not necessary if the other criteria is fulfilled.
I'm looking for a lawyer that has experience on this and that can help me understand my options.
 
AOS Interview at PA - ( 1day early filed)

Dear Rajiv sir,

We finished our F2A Interview on 18th jan 11 . Its went fine. The problem the IO found that priority date on NOA for Interview letter is :31st Oct. 2010.

Actually, I mailed the package on 28th Oct. 10 and it should be reached on 1st Nov. But they received 1 -day early and considered for 31st Oct. 2010 ,it was SUNDAY which was not my PD.

In fact, my PD was current on Nov. 10, IO had took my I-94 with him. and inform me that we will mail the decision.

He told me that you might be need to file I-485 agian. But right now my PD is not correct?
1) I need to apply EAD agian? I can't use this EAD.
2) still have send medcial report, finger print & interview agian .

Please, reply my question.

Thanking you.

Prakash
 
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Dear Rajiv Sir,
First of all let me thank you for this great service.

I want to know if my Son will be a citizen when I get my Citizenship below is my situation.

1. I will become eligible for Citizenship In July 2010.
2. My Son (now 12 years old) born in India is a green card holder and lived with my for 9 years in USA with me.
3. He is studying in India for the past 2 years and he comes to USA every year for 2 or 3 months for his vacation and so his green card is valid.

My Question is

1. Once I become US citizen can I ask him to come to USA on his green card and once he comes into USA can I apply for his US Passport ?

2. Once he come here can I apply for N600 and both of us leave the country ?
 
Indiscriminate use of 221(g)

Hi Rajiv,

My H1b extension petetion was denied in Nov 12 due to inability to maitain e-e relationship in an end client situation. I left the US 40 days after denial. In a meanwhile I got 797 approved with the project implementer at the same client.They are a small company with 2 employees. I went to chennai for stamping and got 221(g) blue for which said that the case was sent for addtional administrative processing and they will get back to me by calling or emailing. The VO did not like the fact that I was joining a small firm with 2 people and one was CEO. They are an award winning implementer for the client. Do you know how long admin processing usually takes in India ? Is there a way to speed it up. Does it help to hire an attorney for 221(g) related cases. If it takes too many months I am not sure if the position will still exist. How is it that the Consulate revaluates my case eventhough uscis has approved my petition after sending thorough documentation and proving E-E relationship ?

Looks like we cannot use the premium processing option either :)

Thanks
 
Also the batch_id on my 221(g) is never to be found in the consulates case status document online. The # of digits on the batch_id do not match the number of digits in their document. it looks like they have made a mistake. How many weeks after receiving 221(g) do we have to contact consulate if we dont get any response.
 
Labor Audit - Options available?

Hello Rajiv,

My labor is filed in Nov-10 and got selected for audit on Jan-11. Now assuming audit process takes approx 2-2.5 years, i have following scenario.

I have little more than 2 years left on my H1B 6 years completion. If after 2 years, auditing officer rejects the case, am I right that I will have to leave country immediately.

1. Is there any way i can avoid this situation?
2. Can i reuse approved but un-used labor of my colleague (with similar job profile) who already got GC as dependent on spouse (from other company).
3. What are chances of getting audited cases approved if all data is provided. (considering my has company hired reputed law firm and they have all documentation available)
4. Does audit means supervised recruitment by default? Or its additional possibility?
5. Is it advisable to withdraw current application under audit and start process all over again?
6. Can I start another PERM in parallel if other company is ready to process my PERM as future employement. Will these two cases have any impact on each other?


Thanks.
 
I-485 question

Hi Rajiv Ji,
Good Evening. I want to thank you in advance for your advice. I came to USA on student visa in year 2005 and now I am on valid H1-B visa. Never went to my home country for H1-B visa stamping. My company started green card petition with USCIS and I-140 is approved. Waiting to file I-485.

Could you please advice me if I need to go back to my home country and then come back to USA with H1-B visa stamped on my passport (1) before my company files I-485 application with USCIS or (2) before AP is issued or (3) before Green Card is issued? (4) Can I just stay in USA until I receive my GC?


Thanks,
Rajesh.
 
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F1 student going on leave - visitor visa

Dear Rajiv,
I am student on F1 visa. I am presently enrolled but have informed the university that I need to take a leave for the current semester for personal reasons. As per the international student’s office of the university, once the leave becomes effective (say, from Jan 19th), I would have 15 days before which I must leave the USA.

I might need to stay for another two weeks as that might help me find an internship for the coming summer. If I plan to extend my stay beyond the 15 days after the effective date of the leave, I understand that I need to apply for a visitor visa.

My questions are:
1. If I apply for the visitor’s visa, what should I give as my reason to stay for another few weeks.

2. I would leave before the visitor visa application would be decided upon. If the visitor visa is approved, would I need to go for a fresh stamping for F1 visa in India because of some reason. As of now, my F1 visa in my passport is valid until May 2014. The university said that if I DO NOT apply for this change of status from F1 to visitor, then I would not need to go for a fresh visa stamping at the consulate when I plan to come back in May/June because the university would just let the SEVIS record remain as it is (with a comment that the student is on leave). But as per them, if I apply for change of status (and assuming it gets approved), my F1 record or SEVIS record might be terminated by the USCIS and therefore I would need to go for visa stamping again. What do you think might happen?

3. What might happen if the visitor visa application is denied? Would I be considered to have overstayed without status after the 15 days that the university said I can stay.

4. What if I apply for the change of status (COS) from F1 to visitor, stay for about 2 more weeks (beyond the two weeks allowed by the university), leave the USA, withdraw my COS status application (in order to avoid a possible denial) and then try to come back on F1 during summer (that’s when the university says that I am allowed to come back to the USA); As a consequence of me withdrawing my application, would my overstay (beyond the two weeks allowed by the university), be considered out-of-status? Do you foresee any problem while re-entry in the US on F1 visa later?



Thanks for your help
 
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