RECORDING available for June 18 Conference Call

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monica1

monica1

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

Next Call
-------------------
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: July 2, 2009

Conference Access Number: 1-785-686-1324
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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H1 questions

Hi,

here is my current situation,

My I140 have been approved with my current employer (consulting firm, i am an employee to the consulting firm, it is an american company, I am the only one person they sponsor H1b), my H1B expires in Dec 2009. I am planning to apply for my H1b extension in end of June, but my project with my current client whom I am with for last 3 years is getting over by end of june. How is it going to affect my extension?

Also, if I do a H1b transfer to a new company, will I get 3 more years of H1b (as I am in 5th year od my H1) as my I140 got approved? or Can i use my approved I140 in my new company?

Also, Is it ok to go to india in August, after applying for my extension. I have a valid h1b stamping till Dec 2009.

please advise
Thanks,
Cham
 
Approved I-140 showing online that case got transfered and pending standard processing

Hi Rajiv,
My I-140 filed at TSC and later transfered to NSC and got approved on May 29 2008. I got the approval scanned copy from my employer. After a week the pnline status showing that On June 5th 2009 we transfered the case to LINCOLN, NE and it is pending for standard processing. I do not know what is the reason of this. And also on the same day I read in forums that many standalone I-140 including approved ones, has been transfered by TSC to the location where the beneficiary's I-485 pending. But what I do not understand is why it is showing pending now.
2. I am working for the same sponsering employer which is a small2medium Indian consulting firm.Because of any reasons if My employer withdraws the approved I-140 does that affect my I-485 which has been pending since July 2007 at NSC.

3. If employer withdraws the I-140 If I get a same similar postion available with another employer is posible to do AC21 after the sponsering employer withdraws I-140.

4. And also there are few of my colleagues whose I-140 got transfered to Atlanta, GA local uscis office and Atlanta, GA office does not process I-140. What action do we need to take in this situtaion.
 
I-140 denial - ability to pay

Hi,

I am an Indian national trying to retain the priority date in my EB2 GC case. I worked for Employer B from Jan 2004 to May 2007 and had filed for LC (approved in August 2007) with a priority date of end-Aug 2004. Moved to Employer C in June 2007 and then filed the I-140 with Employer B to retain the priority date. A new LC with Employer C was filed in July 2008 and got approved in March 2009. I was waiting for the results from I-140 of Company B to file I-140 with Company C and hence haven't filed the new I-140 yet.
The I-140 with Employer B got denied for (in)ability to pay - I had 30 days during Feb-Mar 2009 to re-file and my attorney filed an MTR with an expert letter from a professor with PhD in Finance. The MTR has been denied in June 2009 (first week of this month).
The first H1 start date is 27 Jan 2004 though the (renewal by Company B and) transfer to Company C shows an end date of May 2010. To be on the safe side, I plan to file for H1 1-year extension in July 2009 (1 year after the LC was filed with Employer C) so I can get the extension within 6 years of the H1 start date.
Can you please advise on the best course of action for retaining the priority date? Employer B and I are at a complete loss at what can be done. They are very much in business and have had about the same number of employees for at least the past 15 years. The tax returns show as little net income as possible for tax purposes and do not in any way reflect on the ability to pay. Does an appeal help? I have spent a LOT of money and want to know if this is the time to knock off the process even if it means loss of quite a number of years. The same problem will be encountered when filing the new I-140 as Employer C also shows least net income and doesn't pay me the prevailing wage. Thanks for your time.
 
Changing Visa from L1 to H1 with 485 pending

I am currently on L1A with an MNC. They applied for my GC in November and 140 and 485 was concurrently filed. We recieved 140 approval last month but 485 is still pending. The company is undergoing lay offs and hence I have two questions:

1. If there is a lay off with 485 pending, does the application stay valid and can one still continue processing 485? It is necessary to have a job with similar roles to be able to retain 485 application as valid?

2. Would it be safe to apply for an H1B with another company just to be on the safe side? This is a relative's company and they are ok to just hold my H1 till October or so in case there is a lay off, so atleast I have a work visa. However, I will contiue to work with the current company even if H1 is approved and would like to keep the 485 application unaffected. Could the H1 application have any repurcussions on the 485 process?
 
Hi Rajiv,

My GC is filed in EB2 category and I-140 is approved.
H1B, I-94 and petition expired on 2nd June and have filed for an extension.
My current project is getting over by 24th June and my current company (No. 1) doesn’t have any project for me, which worries me as there are high chances of my H1B extension will not be getting approved if any query comes in future.

In between I am getting an offer from another company (No. 2) and they will transfer my H1B, but salary is on lower side due to market situation and as per new company I will not be able to continue my GC in EB2 category and it has to move to EB3 because of low salary.

Now if I transfer my H1B to 2nd company and I don’t start my GC processing and just leave it as it is.

My question is if after 6 months when I get a project with better salary at different location, can I start my GC in EB2 at that time?
Or if another company (3rd) is ready to offer me a better job after 6 month at better salary can I start my GC in EB2 with them after transferring my H1 from company 2 to company 3?

Or once your salary has lower down from EB2 category to EB3, I can never start my GC in EB2?

Appreciate your help.

Thanks
Jack
 
H4 not renewed - unlawful status for 13 months - AOS in preadjudication

We are Indian nationals. I am on H1, and have continuosly maintained status. My wife obtained a H4 visa stamp in India in Dec 2003, valid till Oct 2004. Subsequently in April 2004 my H1 was renewed, but my wife's was not, and she accrued unlawful presence from Oct 04 to Nov 05 (13 months). It was irresponsible on our part to have not renewed it - we were not aware (ignorant) of it, and presumed since my visa was current, she was too. She has never worked in the US or intended to work.


She went to India in Nov 05. She went for a fresh visa stamp in Mar 2006 to the US Consulate in Chennai and was issued a new H4 visa stamp, based on my h1 and returned to the US. Subsequently, I filed the I-140, and from that point on my wife was also issued a H4 (i-797) which has since been regularly maintained and renewed. I was able to file in July 2007 for AOS, in the July 07 fiasco.

She next went to India in Nov 2008 and returned to the US in Jan 2009, using her advance parole, and was paroled in.

Last Wednesday, June 10, the USCIS official reviewing our file for preadjudication caught the unlawful presence, and that is the first time we were aware of it also.

Is she subject to 10 year ban and deportation proceedings immediately? can we file a nunc pro tunc and be successful? Or alternatively what are the chances of success in this climate? Here are the factors in support of it, can you tell me if any of these hold any weight?

1. Three children Ages 6, 3 and 2 all US citizens.
2. My entire family is here (parents (GC holders who i care for and bear financial responsibility)and two sisters and their families who are citizens
3. I don't have a home to go back to india. My wife's parents are in india.
4. Severe financial loss (About $150K), if we have to sell our home here at this time - we live in Phoenix, one of the hardest hit in the housing downturn

How much on average does it cost to do the nunc pro tunc process, if i may ask, with the understanding that it varies by complexity of the case?

If we withdraw the green card application, does she accrue unlawful presence, because she entered on an advance parole, and did not use her H4 (I-797) valid till Oct 2010?


Thanks
Prabhu
 
Currently H1. Apply for GC through Parents

Hi Rajiv, Thanks for providing us a platform to gather important information.

I have H1B (valid till Jan 2011). For GC, I received PERM, EAD but then changed my job on H1 and then my I-140 was cancelled before any approval. I then got laid off from my second job 2 months ago.
I've now applied for transfer in H1 which is currently in process.

My parents are going to get citizenship this month and I want to apply for GC through them. Can I apply for EAD with I-130?. How long will it take to get EAD so if I get a new job, my employer won't have to transfer/sponsor for H1.

Also, during the GC process, what would be my status.

Please advise.

Regards,
Natasha
 
H1 to EAD to H1. Possible ?

First Question:
I am currently on H1 status, which expires on December 2010.

I was wondering, is it possible to jump to EAD for 6 months and then jump back to H1 status by any means?

Second question:
If a person has used 4.5 years of their H1 B status and had their I-140 approved, can they renew their H1 for 3 years (or) can they renew it for only 1.5 years.

My lawyer says the person should be in their 5th year to renew their H1 for 3 years (Based on approved I-140). But I know few friends who have extended their H1 for 3 years in their 4th year (Based on approved I-140). So I am a little confused.


Appreciate helping us!!!
 
Traveling while H4 extension pending

Hi

Background:
I am a Canadian citizen on H4. I left for Canada on June 6th and will be back in the US on June 25th. My visa (H4) and my husband's visa (H1) expire on June 30, 2009. My husband (H1)'s employer filed H1 extension under premium processing before I left at VSC and my H4 extension was filed at the same time.

Problem:
I thought to re-enter the US with my extension approval notice, but the 15 day period for the premium processing has just expired and the case is still pending (as shown on website). At this time I only have a receipt number (received by mail) and my check was cashed. And what is the most surprising, my husband's employer hasn't received anything from the USCIS yet so we can't track anything on his side.

Questions:

1) What should my husband do at this point? His current visa expires in 15 days and he has no proof that his case has been properly filed.

2) If my case is still pending on the 25th, can I use my current I-94 expiring on June 30th to go back? Will I have any issue at the border since my expiration date will be only 5 days after re-entry?

3) If the website shows that my case is approved before I leave but I have not received the approval notice (hard copy) by the time I show up at the border, can I still use my I-94 expiring on June 30th to re-enter? Will I have any issue?

I really need to go back next week to seek prenatal care. I am pregnant and travelling with my 1 year-old... I have to take two flights to get to Toronto airport. I really don't want to get stuck there in my condition.

I really appreciate your help.
 
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Hi Rajiv,

Let me convey my sincere thanks for giving this free service.

This is my First posting. Please Help.

Current status:
My I-140 approved -Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But denied based on Old "Company A" I-485 - which is denied (June 26th 2008) because of underlying I-140 denied due to 3yr degree.

Now Current Company B applied MTR in March 2009 till now no response. Still I have valid H1 upto July 2009.


1) Can I apply one more H1 extension in premium processing with this SAME company before my H1 expires.

2). While H1 - MTR is pending for decision. My Stay is considered legal stay ? Can I continue to work in this project until I get decision on my H1 MTR. Is there any 240 day rule.

3)Instead of applying one more New H1 Extension with same company. If I apply from Different Company. During the transition period (after my present H1 validity period - july 2009) will my stay is considered as legal stay and also can I continue work ? Is it safer than applying H1 from same company.

My Humble request please give your valuable advice.


Thanks a Lot Again,
Sai.
 
Is it possible to Reinstate the withdrawn H1B?

Employer withdrawn H1B , Is that possible to reinstate the H1B? If possible, Do we need to go with same Employer or can we try with some other employer?. If so what documents are required.
 
Can a person on EAD work on 1099?

Hi Rajiv,

Thanks for your excellent service for millions of immigrants. Here is my situation.

I have applied for AOS in July/Aug 2007 and got EAD in Ocotber 2007. Currently I am on H1 with GC sponsoring company which is expiring on 20th June 2009. Even though I am without job for the last 6 months the consulting company is paying me regularly. Since INS is asking for client letter for all new renewals of H1 I am not planning to apply for H1 extention any more. I am planning to switch over to EAD from 21st June. Meanwhile I got an offer from a company to work on 1099. My question is am I eligible to work on 1099 using EAD while my AOS is pending? Please clarify.
 
Unauthorized work on H1

First, thanks for the opportunity.

We are a group of physicians who faced the 2 following situations:

1) A company asked us to do a talk (individually). After 2 weeks, we were surprised to receive a check ranging from $500 to $1000, and then a 1099. We did not cash the check, since we knew we were not allowed to receive it. We even asked the company to take it back but the company said it wasn't possible. Hence, most of us reported it to the IRS.

2) We answered to online surveys about our work and received gift cards in exchange. We used those gift cards after verifying that we were allowed to. However, some of us received more than $600 in gift cards and therefore received a 1099. Again, all of these people reported it to the IRS.

Question: What are the consequences of 1 and 2 when time comes to file for green card? Will this prevent us from getting the GC? Is there a way we can fix it? We were thinking about donating these amounts to charity. What do you think?

Needless to say that we now stay away from all those things....
 
Travel on Advance parole while awaiting AOS approval

Hi Rajiv
I have an advance parole and EAD card. My husband and I had a AOS in-person interview on May 13th 09. The officer sent us an RFE to submit a few additional documents : Marriage certificate from India, Additional proof of marriage, tax records etc.. We sent in the requested documents on June 11th. I am now awaiting the AOS approval. In the meanwhile, I have a plan to travel to India with my husband on July 2nd and return on August 28th.

A few questions for you:

- If the approval comes before I return, can it wait in the mail-box till I get back. Will it cause issues.
- Could my presence be needed for any reason at all? Could my not being here cause any problems?
- Anything else I should be in the know of?

Your advice highly appreciated.

Best Regards
Lalitha
 
Candian seeking US green card based on approved I-140 10 years ago

Hi Rajiv,

Thank you very much for spending your valuable time providing the service. This is my first time to hear about this, and I really appreciate your help and advices.

I am a Canadian citizen. 11 Years ago, I was working and living in US on H1-B visa, and filed a US immigration petition (I-140) under National Interest Waiver. Both Petitioner and Beneficiary are myself. Shortly after I moved to Canada in 1998, the petition was approved. For the past 10 years, I did nothing on this approved petition, and have been working in Canada in the same professional area - Information Technology - which my approved petition was based on.

I like to pursue US green card based on this approved petition through either of the following approaches:

(A) Go through consular processing directly: stay in Canada and apply for immigrant visa at US consulate in Canada;

(B) TN -> consular processing: Get a TN visa to work in the US, and then start consular processing while I am working in US; (The fact that I am working in the US in the same professional area may provide supporting evidence in favor of my consular processing.)

(C) TN -> 485: Get a TN visa to work in the US, and then file I-485 (adjustment of status) within US;

(D) TN -> H1-B -> 485: Get a TN visa to work in the US, and then switch to H1-B visa and then file I-485 within US;

(E) H1-B -> 485: Avoid TN and get a H1-B visa directly to work in the US, and then file I-485 within US; (The first step of this approach has some difficulty, although it is possible.)

Question:

1. Is my previously-approved petition I-140 still valid and good? If it still good, which of above approaches would give me the best chance for success?

2. If I take either (A) or (B) approach and the consular processing fails,

a) will it have any negative effect on me getting a TN (or renewal) in the future?
b) will I still have a chance to file I-485 based on the same petition if I get H1-B and work in U.S.?

3. For consular processing, what documents should I present and what could be possible difficulties / hassles / risks that I will be facing? Will the immigration officer question on whether I still meet the National Interest Waiver criteria? And if so, do I need to prepare tons of supporting documents again to prove my eligibility for NIW – like what I did before for the initial NIW petition?

Your help and advices are greatly appreciated.

Sincerely,

Chris
 
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hi rajeev
I filed my EB2 I-140 with company A. The I-140 was filed on the old labour(not the new perm) in July 2007. I also concurrently filed my I-485 then. Unfortunately my I-140 got denied due to unavailable documents. It seems USCIS misplaced my documents and they denied the I-140 stating my I-140 which was filed electronically did not accompany any documentation. We then put in an application to reopen the I-140. That application is still pending at AAO. The I-485 that I applied still shows as pending.

In the susequent months I filed an EB-3 perm with the same company A. The perm just got approved. Since I am on the 8th year H1 now I do not want to mess up my status by messing with my new I-140. This is why I would like to know any information form people who have had similar experience. Below are my questions

1) Since my I-485 is still pending can I file another I-140.
2) If I file my I-140 will USCIS reject my previous pening I-140 and I-485 automatically.
 
Second AOS in different category

Hi Rajiv,

Thanks for this excellent service.

Applied for AOS in July/Aug 2007 and received EAD in September 2007. Currently on H1 and working full-time with GC sponsoring company. Since I received my EAD I have started part-time consulting company with friends (all of them U.S. Citizens) and am making a significant amount of money with my part-time work.

Question is can I apply another AOS with this consulting-company in EB1 category, since the wage is high, even though I don't have the work years experience? If so, will that hinder my current AOS (just in case this AOS gets rejected)?

Thanks
 
Hi Rajiv,

This is regarding the conversion of pending EB3 I485 case to EB2.

I have EB3 I-485 pending. But recently I converted my Eb3 I-140 to EB2. It also has correct priority date on it.

So my lawyer sent the latest I-140 details to TSC to convert the pending EB3 I-485 case to EB2. But I am not sure whether the case has been updated or not. Lawyer also sent the another notice to verify about the conversion but we have not heard anything from TSC about upgrade.

So I am in dilemma now. Is there any other way to know about the upgrade?
Lawyer wants me to wait until my priority date is current. Please guide me how to take care off this.

Thanks
 
Ds-230

I have just won the lottery for a green card and now I must fill in the DS-230, but I have some doubts about how to do it. I have asked several people and everyone says that I just need to fill it in and send it to KCC, however on page four there is a line saying "do not write below the following line. The consular officer will assist you in answering item 45. Do not sign this form until instructed to do so by the consular officer".
What should I do? Do I need to go to the embassy or I don't need to fill in this part?
 
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