Recording available for Jan 3 Conference Call

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monica1

monica1

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Audio recording available at http://www.immigration.com/community-conference-calls-recordings


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 17, 2013

-----------------------------------------------------
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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Multiple Non-Immigrant Visa Holder looking for information on change of status from F2 to H1B

Situation:
I have multiple visas (H1B and F-2) stamped on my passport. F-2 is valid with D/S (upto 2016) and H1-B stamping is valid until 2015.
The H1B (FY 2012) was recently stamped in early Nov 2012 but I did not travel and worked on it.
I am still working for the same employer who is the H1-B petitioner with my current work location being in India.
Recently I used my F-2 visa (stamped in Dec 2011) to enter US for personal vacation/leave from company.

Questions:
1. If my current employer (aka H1B petitioner) finds another similar position for the same location and US client (i.e. no H1B amendment needed) again, do I need to travel outside US to start working on the H1B?
2. Can I do a change of status using I-529 from F-2 to H1-B? Should I wait for some days before I do a change of status from F-2 to H1-B? If yes, how will the new I-94 be issued for the H1-B?
3. If the current employer finds another position different from the original petition (i.e. H1-B amendment needed), how much time would it take? Am I supposed to go outside the country and come back OR can I start working (without going outside US) once the papers are received by USCIS?
4. If I were to find another employer in US, would they be able to transfer the H1-B? One of the employer told me that they require paystubs before they can do a H1-B transfer. Are paystubs really needed? In this case, how does it differ from filing a completely new petition versus a H1B transfer? How much time is it going to take?
5. In case I need to go outside the country, can I drive to Canada and enter again on H1-B? If yes, how do I do that? Could I just go to any port of entry and do that or Do I need to go back to India and enter again?
 
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How to obtain Non Availability of Birth Certificate from India for a Pakistani citizen

I was born in India in 1926 but later migrated to Pakistan after partition in 1947. Is it possible for me to get non availability of birth certificate from India? I do not have any docs from India. USCIS is requesting me to submit the Non availability certificate from the country of my birth. I am sure this has come up before but I was not able to find any resolution to this request through any forums.

Rajiv please help.

Thanks
 
L1 to H4 status change

Hi,
This month I changed my L1 to H1 here not stamped.H1 has approved but till I am working with old company on L1.
1- Can I change my wife and child status from L2 to H4 by myself,I need to attach I- 539 and I-129 only or any other form?
2-Fees attched only $600? in one check.
3-Processing info in I-539
Is application based on an extension or change of status aleready granted to your spouse ?
No ---- Yes--- USCIS Receipt#-------
Is this application based on a seperate petition or app. to give your spouse an ext or change of ststus
--- no ----Yes,filed with this I-539.
4- Describe how dependent supporting herself .Include source,amount and basis for any income.
Do I need to attach any document here.or waht we metion here?
 
EB3 to EB2 Porting

Dear Rajiv Ji:
I am in the process of Upgrading my EB3 to EB2. I already applied for labor in the month of Mar 2012.
I got an audit in the month of July 12 which i responded within a week with all the paper documents as needed by the USCIS. I got a RFE again in the month of Nov 12 as the Adv. in the newspaper was not clearly marked so they could not locate the Adv.I responded the RFE within a week & now i am waiting for the response.
I have following Q's
1) How much time usually USCIS takes to respond on such RFEs
2) If they don't respond in another 2/3 months can i apply for fresh labor & revoke the existing one.
3) I have BSc Degree(3 Yr) + PGDCM(1 yr) + PGDBM(2 Yr) + 10 Yr of Exp. What are my chances of getting my I140 approved(EB2)
4) If my EB2 - I140 is denied what happens to my approved EB3 - I140

Plz Advice

Thanks
 
hello Rajiv,

I am working for the GC sponsoring company (PD - april 2008, India) for a client. My I485 is pending for more than a year. The job in my present company seems to be unstable and got a new job which is similar to the current one. I telecommute for the present job and so intend to keep both the jobs for few months to see which one is better.
I am on H1 with the present employer (but never got the visa stamped as I entered on AP). My EAD is valid for 2 years and I plan on using EAD now. I plan to do AC21 if I plan on sticking to the new job.

My questions are :
1) if I start working for the new job on EAD, will I automatically be on EAD for the current job too or should i let the employer know about it (I want to avoid telling about this to my current employer as they have been posing problems to me)?

2) is it legal to have 2 full-time jobs (one with GC sponsoring company) and will there be a problem during Gc approval ?

3) and new job people want me to sign a employment agreement, which says something like "I will devote full time to company X and will not engage in any business activities that would conflict with my duties", is it all right to sign something like this while I intend to do 2 jobs ?

Please let me know

Thanks a lot for your service!!
 
EB1 requirement

Rajiv Sir,

My husband is a recent Phd graduate in Electrical and Computer Engineering from a reputed unviversity in Florida.He also has 6 paper publications and citations in international journals.Is he qualified for EB1 Greencard?

Regards
 
H1 B Denied, I 94 Expired, My options?

Hello Rajiv Ji,
Thanks for the conference call.
My employer filed H1B 7th extension based on approved I-140 before I-94 expiry.
I94 and H1B expired on 30 sep 2012.

I am expecting a Denial this week. based on the message updated on uscis.
On December 20, 2012, the review of your I129, PETITION FOR A
NONIMMIGRANT WORKER was completed, and a notice informing you of the USCIS' intended action was mailed.

Questions:
1. I did not get any RFE. Is there any possibility(human error) that message turns as Approval?
2. If I receive a Notice of Intent to Deny/Denial. What is the max no of days I can stay in USA with out applying for appeal.
3. From which date I am out of status? and the 10 or 15 days after denial notice which I stayed in USA are considered as Illegal?

4. If employer A's transfer approved and then after that employer B's transfer got Denied. Can I still go to stamping with employer A's transfer approval?
5. If I get H1B transferred to new employers (A and B), and got approval from both, and get stamped by employer A.
After returning to USA, Can I switch to employer B?
 
From MM

I am a US citizen. I have an Indian nanny who is in USA on visitor's visa, age >21. She is back and forth between USA and India to renew it. ( 10 yr passport stamp is available). My questions.

1. Can I sponsor her green card or citizenship?
2. If not, are there any other options for her to stay in the USA permanently and not have to go to India to get her visa renewed. 3. Are there any other options to get her visitor's visa renewed besides going to India, for e.g. going for a cruise outside USA.
4. If she stays in the USA even after her visa expires, is that a problem?
5. I own a small company. Can I file for any kind of employment visa for her?
6. Is it a good idea to file for visa extension before 6 months expire. Is that a risk?
7. At any point, can she be denied renewal/extension since she has made quite a few visits to the USA?


Thanks
 
H1b transfer between previous employer and new employer

What if a person holding a H1B for Company 'A', applies for an H1B transfer through Company 'B', and once the transfer is approved, he changes his mind and doesn't join this company 'B'. Can he continue to work for his original company 'A'?
What are the consequences and precautions I need to take.

Thanks
 
DOL Disqualified Employer

Hello Rajiv,

Background: I used to be on OPT working for EmployerA, client A, through vendor A. My Employer A filed for my LCA/H1 for client A and I got my 797 approved since october 1st 2011. Later my client A project was completed in December and in Jan 2012 I got a new Project for Client B, but my employer did not file any LCA for the new client B because my employer A was bebarred from applying any LCA by Department of Labor (DOL) for the period of 1 year which I was not aware of and I have been working with client B since January 2012.Recently, My employer's debarrment period was over and he applied for my LCA for Client B and got it approved. So now I am not sure what I should do:
1) should I change my employer immediately? or
2) should I stay with the current employer and apply for H1b Amendment?
3) what will happen to my experience of 1 year at client B if the Visa Officer asks me how long are you working in client B location? will this affect if I go to visa stamping in May if I am with same employer A?
4)Or any other suggestions that I should be aware of?

Any help is greatly appreciated!!
 
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