Recording available for June 4 Conference Call

[novin]

Dear Rajiv,
I came to this country on B-2 visa(R-1 notation) and later applied for a change of status to R-1, before my B-2 visa expired. Unfortunately, my previous attorney had withdrawn my timely filed application with out my or my employer's consent mixing up my case with some other client's case(some other client had asked her to with draw his case). For 13 months she had not filed another I-129 application despite my repeated requests. Every time when I asked about my case she misled me saying that "every thing is fine: don't worry".

USCIS finally denied my change of status petition stating that it was filed after my B-2 has expired. I filed a motion to reopen my case through another attorney, stating ineffective assistance of counsel. The motion was approved, but I have been issued R-1visa from 02/20/09. Not from 03/15/07(which is the date my B-2 expired).

I filed a case against my previous attorney with the disciplinary commission. They have dismissed my claim stating that there is no substantial vialation which warrant disciplinary action.

What are my options now to get the R-1 from 03/15/07? If I bring the case over to you can you do something?

 

[amishra36]

Hi Rajiv,

I am EB3 India, AOS pending, have valid H1 till 2012, eligible for EB2, and I am on 9th year of my H1B.

If my current employer is ready to offer EB3 employment after 485 approval, what are my odds of getting H1B transfer to another employer for a position which is not similar OR close to similar, which means NO AC21 portability? Is it ZERO?

 

[mnljes]

hi!

have a friend who overstayed in the US short of 7years. he was only 11 then and left when he was 18. his passport and I-94 card got lost prior to his departure from the US and the lose of the I-94 was never reported to US immigration.

he also had a misdimeanor case and he was already 18 when it was commited. he was sent to LA county jail but was released without bail due judge claimed it was only a first offense. he didn't get to finish the hearings as his mom sent him back in his home country. case was finalized for other offenders and it was "not guilty".

now he wants to get a new US tourist visa. it has been about 14years past? how will his overstaying and legal case affect his application? also in the vent that he be granted a visa, will his legal case reflect during immigration process upon entering the US?

hope you could help, thanks a lot!