RECORDING available for June 17 Conference Call

Status
Not open for further replies.
monica1

monica1

Administrator
Staff member
Recording available for June 17 Conference Call from http://www.immigration.com/free-community-conference-calls



-----------------------------------------------------
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
CALL Date: July 1, 2010

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.
 
Last edited by a moderator:
Hello Mr Khanna,

When do you think if at all the congress will take up the piecemill immigration reform where it says all pending 485 will get a conditional GC by paying $ 500.00 and whats your take on this??
Will this happen?? The way the dates are moving especially for EB3, god knows when will one get their GC ??
 
Hi Khannaji, I applied concurrently I140 and I1485 on EB3 category which is applied in Aug 2007 and right now on EAD. The allien number of EB3 is #AAAAAA and the priority date is 2004. Then applied EB2 I140 in Jan2008 after getting approval of labor and got I140 approved and its Allien number is #BBBBBBB. My EAD has Allien number of #BBBBBBB and also Allien number of I 485 is also #BBBBBBB. Does it means my case is ported EB2 or not based on the Allien Number of I485 is same as I140. will you please let me know tat what stage Allien Number is generated when filing Labor or I140. Please help me on this.
 
Dear Mr.Khanna,

I would like to know about the Comprehensive Immigration reform which was held on june 7th&8th in Washington DC. I was trying to get some information on the same. Whether the congress would take any positive decision on making it current this year.
 
Hello Sir,

I started working with a US employer, on a new H1b visa, on Oct 01 2008. He was paying me less than LCA so I filed a WH4-DOL complaint against him in July 2009. In September 2009 a DOL investigator was assigned to me. After letting him know the whole situation, I resigned from the company and came back to my home country in Sept 2009. The DOL investigation is still going on. I just had these questions:-

1) Presently, I am planning to look for a good employer to start working back on H1b. My H1b
is stamped till Sept 2011. I have read in these forums that DOL investigation puts a person back into status. So, do I need to search for an employer while being here in my home country or can I travel back to the US on my Stamped H1b visa and look for an employer while in the US?

2) When I left US, the airport authority there forgot to take off my I-94 from my passport. So, do I need to send that back to the US to prove my exit from the country or can I bring it with me whenever I return back to the US and submit it at the port of entry?

3) The DOL investigation is still going on, but at a snail's speed. Would my presence back in the
US speed up the DOL process or it's just how it goes?

Thanks in advance for your help.
 
Dear Mr. Khanna,
I had filed concurrently (i130 and i485) for both my parents. Notice Dates are 5/24/2010. They are currently residing in USA and now received the biometrics notice scheduled on june 21st, 2010. I have filed all the documents except police clearance certificate. Currently the case statuses show as initial review on both the i130 and i485. Can you please advise whether do we need to obtain the police clearance certificates for both my parents? Is PCC a required document for I485 application?

Thanks in advance for your time and support.
 
Jasmin

Mr. Khanna
My name is Jasmin. I am under H1B status currently with valid EAD and 485 pending since 2007 under EB3 category as Software Business Analyst. Got laid off before a month and trying to get a job in another company but I am not finding anything similar to my last job which was as Business Analyst. I am getting offers in accounting field because of my Masters in Commerce degree and some accounting background but still the job duties don't match if you consider filing AC21. Also, the salary is going to go down from approx. 85000 to 60000 per annum.
Do I need to really file AC21? Can I just start working on my EAD with a different company without any issues?
 
Hi Mr. Khanna,
Thanks for your great service.

Question 1) I am going to use my advance parole to enter into USA, is there any specific documents other than the following should I need to take.. (letter from client, ...). I have not changed my employer but I moved from EAST coast to west coast and changed the end client.

1. Tax returns, Pay stubs, Adv. Parole, I-485 pending receipt, EAD

Question 2) I am using the advance parole since 2008 this will be my 2nd time to enter into US using AP. (renew'd parole), would there be any issues as I am using Advance parole for 2nd time.
 
Hi Mr. Khanna,
Thanks for your great service.

I believe I rather have a strange situation. I am currently working on H1B for a company with based out of PA where as I live om NJ. Until last year the company had branch offices in NJ which was my assigned office and my PERM was applied with NJ branch office details back in October 09.However the branch was eventually closed in January under restructuring and I was assigned to home office. PERM was certified in May 09 but my attorney says we cant file for I-140 since the branch office has been closed. I would like to seek the clarification for the following.

1. Is it accurate that I-140 cannot be filed as the PERM branch has been closed.Even though NJ office has been closed, aI have been assigned to home office in NJ where as I travel to my customer locations for consulting. Technically, there was no change in my job location as I have been assigned to Home offices and I live in NJ. I believe LC is still valid unless the PERMANENT JOB Location has changed, which in our case it is Home office in NJ area. Will this have any bearing on applying for I-140 application?. Does this require a fresh PERM to be started altogether from main office.

2. Should the Job location remain same until the green card is approved?. Is there a way the PERM can be ported to different branches of the same employer and same job description.
Given that GC process can take anywhere between 5-10 years, are employers required to maintain all branch offices if there was ever a GC application filed for such branch location. Is it not possible to seek amendments for the above scenario?.

3. Is it possible to use the certified PERM with same job location and job description for a different employer within the 180 days period?.

4. Is it possible to apply for 2nd PERM from different location of same employer and same job description but still hold the priority date of 1st PERM application for NJ location
 
remainder option for H1b

I was issued a H1b in Oct 25,2005. I have worked on H1b TWICE ( October 2005 for 6 months and with another company in March 0f 2007 for 2 years.) The current H1b stamp on my passport expires Aug 1,2010.
On March 14, 2009 I LEFT THE COUNTRY after stopping work on H1b and then returned to the country on
B1/B2 VISA ON mARCH 11,2010. Therefore I have not completed 1 complete year outside the country after
stopping work on H1b......
q1)am i eligible for the remainder option ...can I get the remaining 3 and 1/2 years in the remainder option?
q2)is there a deadline till when I CAN APPLY FOR THE REMAINDER OPTION?
Q3)I plan to go out of the country in September and then if possible return on H1b later in the year on remainder option.Thus I will also complete the few days that I am short of to complete one year out of the country.
Is this advisible?
Q4)I also plan to apply for green card . In your opinion will 3 & 1/2 years be sufficient time enough to apply
for that from CA so that I REACH THE REQUIRED STAGE BEFORE THE 6 YEAR LIMIT RUNS OUT ( HERE I
AM ASSUMING I WILL GET THE REMAINDER OPTION)
 
Dear Mr. Khanna,

I am a derivative applicant with my spouse currently working in the US EB3 (India), PD: Nov. 2002. I hold H4 which is good thru Sept. 2010. Up until recently I lived in the US. Currently I live in India, where I am involved with setting up a production unit. My spouse's H1B and so my H4 is up for renewal this Fall (Sept. 2010). We have our LPR in process, pending priority date advancement. I would appreciate if you could answer the questions I have:
1) H4 Renewal: I plan to visit the US in July on H4 and file for my H4 renewal while in the US. My spouse's H1B renewal was recently filed and being processed by USCIS. If I applied for the H4 renewal while in the US, and left the country before a decision from USCIS, would it interfere/adversely affect the H4 renewal processing?
2) If it were to interfere the renewal processing, could you comment on some of the options I might have?
3) Finger Printing & Biometrics: In the LPR process, I have had my FP done 2 times. We have in the past received FP notices 20-30 days in advance. If it so happens this time that I am outside the US when such notice arrives, can FPing be done at a US consulate abroad? or request for FP date push back to a time that is suitable? If not, what are some of the ways to handle this issue? Can H4 FPing be used for LPR processing?

Thank you very much for your time.
 
Question related to documentation to prove 3 months residency for N-400 application

Hello Mr. Khanna:

I moved from California to Maryland to begin a new job on the 1st of February, where I live in a temporary accommodation (i.e., in the basement of a house living month to month without a lease), until my wife, who stayed behind in California is able to find a job and joins me. My employment papers including my I-9, Federal and state W-4 tax withholding forms all lists my present Maryland address as my residence. All my pay slips are addressed to my residence in Maryland. I also obtained a Maryland Driver's License in Early May to permanently establish Maryland residency.

I filed for my naturalization in early May (~ 94-95 days since taking up the Maryland job). I meet the 3 month residency requirements, but have the following question.

Can I use my employment documents i.e., current employment letter listing my place of work and joining date and my pay slips (from the 1st pay period) as proof for the 3 month residency in Maryland?

Kindly advise. Thank you. Regards......
 
Hi Mr. Khanna, thank you very much for this great service. I had filed for my I-485 (I-140 approved) in July-August 2007 and got my EAD card but have continued on my H1 ever since. It recently went for extension and seems to have been extended for 3 years(havent received petition yet). I currently plan to get married in a few months and get a new visa stamp and bring my spouse in too on a H4 visa stamp. If subsequently, I decide to change jobs using my EAD, does my wife's H4 visa status continue to remain valid as long as the underlying H1 is in validity period. If not, what alternatives do I have. thanks again for the help.
 
Hello Mr. Khanna,


I am a U.S. Citizen and my girlfriend is Canadian, and is working here in the U.S. for a Canadian subsidiary under an L1-A. She has been at this status for a little over 2 years.

We have been planning to get married for a while now, but it's always been one thing or the other that comes along - money issues, job loss, etc. that has made us postpone it. However, the management at her job has changed and is giving her a hard time (and wants to pull her back to Canada) and so, she wants to quit her job and stay in the U.S., and so we have decided to get married.

I have browsed around the internet about doing an Adjustment of Status after we get married using an I-485 and that is my plan of action, coupled with a simultaneous file of the I-765. However in my research I came across a few questions that I was not able to answer:

1. The L-1 is a non-immigrant visa. However, the girlfriend and I knew each other before she entered the US and we began dating seriously right after. Will this count against us as USCIS may have a case to state that her intent of coming to the U.S. was not that of a non-immigrant when she entered the country?

2. In your opinion, do you think I need a lawyer? Or is this situation commonplace enough not to warrant the services of a lawyer?

3. What would her “Application Type” be in Part 2 of The I-485.? Do I just put in wife of U.S. Citizen?

Thanks for your assistance and advice

-Alan
 
Dear Khannaji,
This is a great service you are providing. I have very simple questions.

I am on H1b with approved I-140 with employer -X. I am about to complete 6 years on H1b in next couple of months. I am having another job offer with new employer Y. In case if I join new employer Y, Is it possible to have my H1b extended beyond 6 years by new employer-Y if employer-X revokes my I-140 after I switch to employer-Y? Is it legally mandatory for employer-X to revoke my I-140 after I switch to employer Y? Your response will be greatly appreciated.
 
Question

Rajiv,

I need advice on how best to proceed after my AOS application case was denied. :(

Apparently, I submitted my application before my visa number became current. Here is an explanation of the grounds for denial - "The records of this Service reflect that yo filed Form I-485, Application to register or adjust residence on April 3, 2010. You claimed eligibility as a principal 2010 Diversity Visa (DV) lottery winner. However, the DV regional lottery rank number established by your DV lottery packet is 2010AF0006****. The 2010 Diversity Visa lottery program begins October 1, 2009 and ends on September 30, 2010. At the time you filed your adjustment application, visa numbers for citizens for the African region for DV lottery visa programs were available for applicants whose DV regional lottery ranks numbers were below 2010AF00039200.... Therefore, a visa number was not immediately available to you at the time when you filed your application or within 60 days of filing your adjustment application. As such you are ineligible for adjustment of status under Section 245(a) of the Act."

My question is how do I proceed? Am I eligible to file a motion to reopen or motion to reconsider? Do I have any other option, for instance, submitting a new application altogether when my case become current. FYI, my case number is current for August, according to the July bulletin.

Sincerely,

Damus
 
Hi Rajiv, really appreciate what you do.
I am on H1B with the 6 years completing in 11/2011. My current employer filed for Green Card in EB3 in 2008. PERM and I140 has been approved. On the basis of the I140 approval, my current employer filed for an extension of my H1 and I currently have an I-797 approved until 12/2012. Here is my situation.
I have a job offer from another employer and they are ready to transfer my H1 and immediately file for my Green Card in EB2. They asked me if I have my Labor and I140 approval. They are not with me, but are with my employer. I believe, that my current employer will have to release them to allow my new employer to use them. My questions are:
1. Is it possible for my current employer to not release my PERM and I140? What option does my employer have then to do my H1 and Green Card? Do I lose my priority date? Is my H1B transferred over to the new employer still valid until 12/2012?
2. If my current employer does release the PERM and I140, then do I keep the same priority date with my new employer - assuming the PERM and I140 gets approved - even though it is in EB2 vs. EB3?
3. Can the new employer start my H1B transfer process and only when my transfer approval is received is when I quit my current job? If my H1 is approved with the new employer, does it mean i cannot give my 2 week notice and I immediately need to start with the new company? Will somehow my current employer be informed of this H1B transfer request?
4. Lastly, any news/ideas or thoughts on when will the dates become current. If after I quit my job and move to the new employer and before my PERM and I140 have been approved, they make the dates current, will I be eligible to apply for Adjustment of Status, or would I have missed the bus?

Thanks a lot for all your help. It is the only ray of hope in this complicate and long drawn Green Card process......
 
can i filled new h1b after 6 year finished , 2 year on EAD
H1B from 2001 to Feb 2008 3 year renew 3 year and renew left time.
another H1b for diffrent employer pending.
02/2005 labour file approve on 05/2007
07/9/2007 I140 apply
08/16/2007 I 485 applied 7 time rejected due to fee misunderstanding of USCIS new fee old fee bet 08/01 to 08/17.Finally accepted on 02/25/08
Receievd EAD /AP on 02/25/2008
04/14/2008 job changes using ac21 204j portability provision
08/2008 expedite request file for USCIS error , 2EAD, 2AP 3 fingure print
second fingure print lost by US.CIS find out after 2 year and 5 infopass appointment.
When i request 485 USCIS never update my 140 untill 914days pending. what is statue of limit for 140.?
2009 employer violated LCA and find some fraud for one employee enter by georgia court.
01/28/2010 NOID send to old employer, employer is in jail , on employee request old mployer attorney request on behalf of employee.
inform no fraud involved in my case with show w2 for new employer for 2 year, affidiate of all client site by attorney jobs.
03/23/2010 denied 140 using no response received, fraud and if 204j apply DHS will decide with only appeal option.
new employer Attorney file appeal USCIS reject appeal and denied 485 on 06/11/2010.
Currently out of status as per letter, EAD AP valid until 01/2011 .
How i can fight in court that no fraud involved in my case wrong denied , 204j applied in first denied and rejected all application second time.
also 485 rejected 7 times waste so much money for attorney fee how can i recover from USCIS due to USCIS error.
can i filed new h1b and start again since i am on EAD for 2 year and one h1b pending at center seems they will denied that too.

01/28/2010
 
Last edited by a moderator:
Hi Rajiv Ji,
Namaste Sir! I have heard a lot about your community service through my co-workers. I’m glad to know about it.

Sir, please see my questions below. These are related to PERM and H1-B extensions beyond 6th year.

#1) To extend H1-B visa in one year increments due to PERM application, does the rule say that “ An individual must apply for PERM 365 days before the expiration of 6 years of H-1B visa” OR Does it say that “An individual must apply for PERM 365 days before H1-B is exhausted"

# 2) Is it possible that I will be able to find this information in writing such as in an Immigration Article published by USCIS or immigration law books online where I can show my employer what the 365 rule is. Unfortunately, my employer/lawyer do not agree with this law as it is an Indian Start up company. Kindly help me!



Thanks you in advance!
Best Regards,
Sastry.
 
Last edited by a moderator:
what can i do for letter of denial

1. A letter came on May 27 '09 stating that My 1st sister application is denied due to abandonment.

2. What on the letter states that denied because not submitting required document on time that was asked on Jan 27 '10. to submit within 87days I never received that letter. because I was at home in Dhaka, Bangladesh on that time still now i am.

1. same letter came for my other sister on jan 27 '10 asking for same thing to submit in 87 days for both never get it on my hand on time so could not give the things on time.

2. But a letter came on June 2, '10 for 2nd sister that her case is approved, even though i did not evidence was submitted. i don't know what make them do that. but i am shocked now for my 1st sister one what can i do. what to tell the immigration. can i send email to them and what can i ask them?
 
Status
Not open for further replies.
Top