Recording available for Jan 31 Conference Call

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monica1

monica1

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Recording available for Jan 31 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: Feb 14, 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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I-864

I understand that signing the I-864 is a very serious matter. I have also heard that the government can sue me in some situations if the requirements of the agreement to support the immigrant are not met.

Can you give me some examples of what constitutes a breech of the I-864? For example, if the immigrant signs up for SSI, Medicare, etc... does this constitute a breach of agreement? Do you know of any cases where the government has actually sued the supporter?

Also, can the immigrant actually sue me, for example, if she divorces my brother or thinks I do not give her enough money?

Thanks!
 
Switching jobs on H1-B and retaining priority date for GC

Hello,

• I have a master degree from the U.S. (was on F1 visa); graduated in 2007
• 10+4 yrs of education in India prior to that
• Indian chargeability
• Been on H1B visa since Nov 2007
• GC filed, priority date of May 2009; I-140 approved
• Currently working as with same employer since 2007
• EAD/AP in possession; waiting for PD to become current for GC (which, as you know, could be in many, many years time!)

Would like to know what options I have for switching jobs on on H1-B without losing priority date (any job switch will *not* be to same/similar job and hence there is not possibility of using EAD/AC-21). Is there a "same/similar" constraint if I were to switch using H1-B yet keep my priority date or can I move to a completely different job using a new H1-B and yet continue to use priority date of May 2009 in new GC process? Anything I should watchout for / be cautious of in the process?

Thanks,
 
F1-OPT & F2 query

Hello Mr. Rajiv,
I entered US on a H1B in Nov 2007. Married in 2008 and wife entered US on H4 (Feb 2008) and changed to F1 (2010) to do her BS. She also used her OPT and completed in july 2012. In Aug 2012 i returned to India due to family emergency and still am in India. My H1 visa expired on 26th Jan 2013. My H1 holder did not renew my H1 and is not keen on finding me a project. It is difficult for me to find project from India.

My wife is now doing a Certificate Program (on F1) due to complete on 22 May 2013.
Note: Question 4 on her I-20 (Level of education the student is pursuing or will pursue in United States) has the below entry - Other:Certificate: Dietetic Internship Program

Q1. Is it possible for me to successfully get a F2 stamping considering the time left on her F1. If yes, what precautions i need to take

Q2. If i do get a F2 visa and travel to US. Can i change status to H1B (1 year remaining) after finding a project. Will i come under the H1 quota in April? When H1 is approved, should i get stamping done before starting work.

Q3. Is my wife eligible for OPT after completion of her Certificate Program

PS: My wife did her BS in Food and Nutrition. She is currently doing Dietetic Internship Program to become an RD. She was eligible to do her Dietetic Internship Program only after her BS degree.

Thanks & Regards,
 
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H-1B extension after 6 years stay in the US with L-1A status

Please suggest me on below scenario.

1. I have been working for Company A on L-1B from October 2007 to September 2012.
2. Did Change of Status from L-1B to H-1B on April 2012 for fiscal year 2013 through Company B and this H-1B valid till October 2013 but I did not join Company B.
3. Later Company A changed my status from L-1B to L-1A effective from October 2012 and this L-1A is valid till September 2014. And my wife is working on L2 EAD.

I have a plan to do EB-1C but I don’t know whether my Company A is qualified for EB-1C. Now If I want to start my GC Process with EB2 (Masters Degree + 5 Years US experience) using Company C who are ready to start my GC process in May 2013, I have the following questions.

Note: Company C (company started in Feb 2012 and it is so small company with 4 employees and they can show $400,000 Gross Income)

a) Can I start PERM with Company C?
b) If I get the PERM, will UCSIC approves my EB2 I-140 through Company C with their Gross Income?
c) In case, If I get PERM and I-140 before my L-1A expires then Can I extend my H-1B for 3 more years through Company C?
d) Can I extend my H-1B (assuming EB2 I-140 approved) even the H-1B expires when I will be on valid L-1A? The unused H-1B expires on October 2013.

Please give me few suggestions so that I can plan accordingly.

Thank you in Advance for your valuable suggestions.
Kiran
 
GC application followed by tourist visa application; and vice versa

Hello Rajiv ji:

SITUATION: I'm a US Citizen. At some point I'm considering applying for a Green Card for my parents who live outside the USA.

QUESTIONS:

-Scenario 1: Let's assume that I apply now for their Green Card. What if, all of a sudden, they need to visit the USA on a tourist visa, for an emergency, although the Green Card application is still in process? What happens in such a scenario:
a. Would their Green Card application, which is still in process, be cancelled by the US immigration authorities?
b. Would their tourist visa application be denied?
c. Both of a. and b. above?

-Scenario 2: Let's assume that I apply now for their tourist visa and they are granted. If I later on apply for a Green Card for them (either while they're touring the USA or when they've returned to their home overseas), then would I still need to worry about issues such as proving that they didn't have intent to immigrate to the USA at the time of applying for the tourist visa?

In summary, would Rajiv's comments on Rajiv's Blog on August 13th, 2009 on this topic (http://forums.immigration.com/entry.php?209-Applying-for-green-card-while-on-a-B-1-or-B-2-visa) still hold?

Many thanks.
 
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Hello Mr. Rajiv,

I am currently on L1B visa which is expiring on June 30, 2013. My spouse is working on L2-EAD which expires on the same day. Our I94 also have the same expiration date. My employer would like to move me to an E2 visa after my L1 expires.

I intend to apply for an E2 visa for myself and my spouse in February at a US Consulate in Canada, my home country. Once the visa is stamped with an intended start date of July 1, 2013 (day after my L1 visa expires) we wish to re-enter US on our current L1 & L2 visas & their corresponding I94

My spouse will then apply for E2 EAD & continue to work on current L2 EAD till her new E2 EAD is received. At that point in time, we intend to go back to Canada & re-enter on E2 visa & its I94. My spouse can then start working on the new E2 EAD

1) Is this possible? Can our passports have an active (with I94) L1 visa and also an approved but not active before July 1, 2013 E2 visa (i.e. without I94)?

2) If not, what is the best option to ensure uninterrupted work permit for my spouse so that there is no gap in employment while transitioning from an L2-EAD to an E2-EAD?

3) If the E2 visa option is not workable at the consulate, can we still achieve our objective through an L1 to an E2 change of status by applying to USCIS while still living in the US and can my spouse apply for an E2 EAD once the status change to E2 is approved?

Many Thanks!
 
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Derivative(spouse) 485 pending, primary received Citizenship. will USCIS deny her application?

Hi Mr. Rajiv,

I received my citizenship last month(december 2012) while My wife application (485) pending. last week i came to know that my citizenship will impact her AOS application.

My wife currently working using EAD. what are the options i have now without effecting her current status(EAD)..


can i convert her application to Familiy based green card... now?.. or USCIS deny her old application when they received my Family based application?...


Thanks for your advise.

Prakash.
 
Photo for OCI in UK

Hi,
Does 50x50cm photo works for OCI Application. I am in UK and at my place I only get 50x50cm phots for Indian VISA's. The Studio people says that it works but everywhere it is mentioned as 51x51cms. Can anyone confirm that will there be any problem?
VVS

If this post location is not correct then I request admin to move it to the correct place. Thanks.
 
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