Recording available for June 4 Conference Call

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monica1

monica1

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Recording available for the June 4 Conference Call.

-------------------
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: June 18, 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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Address change AR11

Do we need to file AR11 even for temporary address changes (for every 3months relocation job). Can I keep one permanent address (relative address) for GC(485) and change AR11 everytime I relocate. Significance of address change ?

Always address on AR11 and GC petion have to be in sync?Please clarify.

Thanks for your great service.
 
Moving to different state but with same Job

Hello Rajiv,

Thank you for the great service that you provide, appreciate it.

Question:

Many companies have offices throughout USA. So if a person moves from one office site in state A (OHIO) to another office site of same company in state B (Florida) with exactly same job position (since the team exists in both locations already already), is there any need to inform USCIS ? What needs to be done in case the 140 has been approved and 485 has been pending for more than 180 days. Is AC21 required ?

Could any issues arise due to such a move initiated by the employee for personal reasons rather than any specific Job requirements?
 
!-94 Expired H4 Valid But on AOS Can Re-enter Country on H4

April 2007
Me & My wife had 3 Yr visa At Chennai Consulate which ends at April 2010.
For My Wife due to passport validity issue, I-94 is given upto Jan 2008 Only. Asked to extend I-94 after Passport is extended.My 1-94 is given untill April 2010

June 2007
Applied for I-485 AOS in June 13, 2007.
Got Ap, EAD in Octomber 2007
Extended Ap, EAD in July 2008
Applied for AP extension in April 2009- Pending

I Stayed with same company and never have to use EAD. I stayed on H1-B.
Wife I-94 is not extended as we have AOS.

Since Current AP ends in July and new one is still pending, Can my wife leave country and return in August on H4[Current AP expires Junly 10]. Can she still use H4 visa? Since 1-94 is expired and she is on AOS stay, she has to use AP only

I am also planning to go and use my H1 status to return. Please advise
 
Hello Rajeev,

My mother (59 year old) came on visitors visa in 2007 and overstayed her visa by 3 months and 10 days. It was mistake and ignorance on my part. After nealy 6 months when my mother tried to come and visit me again she was stopped at POE and deported the same day.Her multiple entry visa was cancelled. It was nightmare and great ordeal that she had to go through. Very unfortunate. My 2 year old son who is US citizen stays with my mother in India. I know my mother has no legal basis but I wanted to send appeal on humanitarian grounds to USCIS to remove 5 year ban on her and allow my mother to apply for visa again. What do you suggest and where can I file humanitarian request. I am clueless, any suggestion of how to approach on this is appreciated.
 
Travelling on Adv Parole but with Expired H1 stamping

Hello Rajiv:

First of all thanks for your awesome service.Its really helpful.This is the first time for me here.

I had filed on Employment based Eb2, I-140 & LABOUR APPROVED and Filed
I485 (AOS) ,EAD& Parole in August 2007,got EAD in November 2007.

In july 2008 i left my earlier company A and used EAD to work for company B (didnt use AC21) in July 2008 ,but was laid off this March.I have to go to india for my brothers marriage.I have the parole document (with the expiry date of october 2009) ,I485 receipt notice,I140 receipt and current EAD with me,but the H1 stamping on my passport is only till May 2009

Is there are any potential problems that i should be aware of due to lack of current paystubs or the date of stamping of H1 in my passport ?

Thanks in advance

-Pankaj
 
RFE on I-485 for my Wife - Proof for continuos Employment Authorization

Hi Rajeev,

I would need your great help in answering some of the points for the RFE to my wife's I-485 application. When i filed my I-485 i applied for my wife too who was F1-OPT at the time of 485 filing..

1) During her Masters - she has worked as an intern for a X company. When she initially joined the intern in spring semester, university and X company requested to apply for CPT and she did accordingly. But later when internship got extended in summer - Though she registered as independent Course at university for the internship, neither university nor the X company requested for the renewal of the CPT. Hence my wife too was not aware that she needs to renew it and worked without CPT for next whole summer.

Now when we filled our biographic info - She mentioned that shee worked for X company for approximately 10 months of which only 5 months had CPT approval. The RFE requests for Continuos employment authorization proof for the rest of the months..

2) Also there was another point on her RFE saying that - at the time of AOS filing she was on F1-OPT but she never worked on OPT. They are asking to show proof that she was engaging in authorized practical training in the field of study when the adjustment of status was filed. My wife did not get a chance to work in OPT as the time finished in search of jobs and finally got one in immediately after her H1B approval..

I know there are some mandatory rules to work as per new OPT rules, but i dont remember any hard rules that a person should work minimum number of months as per the OLD OPT rules in 2007. Appreciate if you can comment on this..

Appreciate your great help on how to handle/Reply to this RFE. It was not an intended thought for not renewing CPT but due to lack of knowledge it happened.. Appreciate experts advice on how to proceed from here..

Thanks..
 
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H1B Transfer to Company C after company B 's petition Regjected

Hi Rajiv Jee

This is my second question on this forum.

My i94 and H1B visa experation from Company A is 06/2010.Tranfered to Comany B on 06/2008 and still the status is pending .If it gets rejected, iam planning to apply to company C.so my questions is

1.how many days i will have time to apply for Company C H1B after Company B Rejection.

2. or is it better to apply for Company C H1B transfer before USCIS decision on Company B petition.

Can you please advise me on this issue
 
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Interview at the USCIS San Francisco

Hello Mr Rajiv
I have following situation.

I had an interview scheduled at USCIS local office in San Francisco on July 11th of 2007 for I-485 AOS under EB2 (PD Sept 30 2003). That time I was traveling in India (8 months) and my lawyer requested the USCIS local office at SFO postpone the interview. They sent the letter granting the request to postpone.

Then they denied the I485 AOS on July 15th, stating that I did not show up for the interview.

My lawyer filed motion to reopen on July 17th, which USCIS granted on Aug 14th, and said they will schedule an interview in 30 days. Therefore I was able to reenter on AP.

After that we never heard from them. So I took an appointment with Infopass at SFO in April, asking that I never heard from you since last 7 months. To which they replied case is under process and in pre-adjudication state. You should ask your lawyer to contact the local USCIS office at SFO.

I asked my lawyer to do something, so she said "I have submitted a request with USCIS for case status/schedule interview. I will update you as soon as I hear from them"

Then the June Visa bulletin came out announcing the retrogression of dates. So I went again to USCIS local office on May 18th in SFO, and I was a little more pressing. They asked me to wait and called someone. That someone called back after 30-45 min and said, that they will call me for an interview in June. I requested that the dates are going back for India in June, could you be so kind to schedule an interview in May? To which they replied June is best they can do. I received an interview for June 23 in 2 days. Following are my questions.

1. If everything goes well with the interview, will I have to wait till the PD will become again? Is there a formal way to tell USCIS that I had been waiting since last 8 months to get the interview call, had they scheduled the interview anytime during then, my PD was current all along. (till May 2009.)

2. I do not have original of two of my H1's and H4's for my wife. Employers is playing deaf to my requests, and the lawyer says that her computer crashed and she does not have copies :(

Out of 4
a> I have copy of 1 H1 (valid from 09/04/2007 to 10/03/2007)
b> WAC numbers of 2 H1 and H4 (valid from 10/04/2007 to 10/03/2008)
c> but I do not even have WAC # of one H4 for my wife. (valid from 09/04/2007 to 10/03/2007).
d> EAD valid from 09/19/2007 to 09/19/2008 and then 10/14/2008 10/13/2010

This is the same employer which had filed for I-140 (and we parted ways on salty note I should say). Since then I have changed employment (I changed after almost 1.5 yr of 485 approval) and filed for AC-21 with USCIS. Will missing H1s and H4s impact my case? BTW. I have filed FOIA with USCIS

3. My wife also has an H1 from another company which was valid from 1/16/2007 to 09/30/2009. But we had a baby and she never joined work. Can you please tell us how does this helps/hurts/or has no impact on us.

Thanks you Mr Rajiv, I really appreciate you taking time to go through the case and answer my question.
 
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AC21 Job Description

Dear Rajiv,

Thanks a lot for your kind service.

I'm about to file my AC 21, I have the following question:

1. My job offer letter says, what is my designation and whom I'm reporting to with the new employer but it did not have any detail job description or roles i'm performing.

I spoke with my HR, they are willing give me a job description letter, my question is, should the job description letter exactly matches with my approved labor ? or it can have additional details / role?

Thanks,
rharan
 
Hello Rajivjee,

Thanks a lot for your services.

I am currently on H1 B visa which is expiring on nov 2009
I have approved perm and have not applied for the I-140 yet
My lawyer has applied for the H1 extension based on approved perm as well to capture my lost time .My lost time is almost 22 months.
So what duration should i expect to get my visa extension?
Secondly I am trying to get the experience letter from my previous employer with the tech info mentioned. The HR has given me the usual experience letter with dates and position i was working as but not the role and tech used. The company is US-India based company .Is there anyway I can make them give me the letter stating the job duties etc.
I'm about to file my AC 21, I have the following question:

1. My job offer letter says, what is my designation and whom I'm reporting to with the new employer but it did not have any detail job description or roles i'm performing.

I spoke with my HR, they are willing give me a job description letter, my question is, should the job description letter exactly matches with my approved labor ? or it can have additional details / role?

thanks
 
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Reg: Applying N-400 -DCUMENT CHECKLIST

Rajiv,

Iam in the process of filing N-400 application.

Iam aware that the originals of the following documents are needed at the time of N-400 INTERVIEW.

But my question is: whether the originals of the following documents to be sent along with N-400 Application?

Documents:
'court disposition (if any) /
traffic ticket records ( if any) /
Tax returns for 5 years /
 
I-140 application - Implications on derivative F1 spouse

Dear Mr. Khanna,

I am an F1 student (7th year) in a PhD program hoping to finish in a year or so. My husband is an H1B employee. His PERM has been approved recently. His lawyers are in the process of submitting the I-140 application. It seems that being married he is "obliged" to include my name in the application form and that there is no way for me to opt out of this entire GC process. I am concerned about its implications on me as F1 doesn't permit dual intent. Here are a few of my questions:

1. Will I be able to get an OPT after graduation? Will I be eligible for visas such as J1 for the purpose of a postdoc or F1 if I choose to pursue study in another discipline or will I only be eligible for H1/H4 visas?

2. How risky would it be to travel abroad after my husbands I-140 application is submitted? Can an officer at the port of entry prevent me from entering the US although I am not the one filing the immigration petition?

3. Does the application of my husbands I-140 (which compels him to include my name) indicate "dual intent" on my part?

I am very concerned and would be very grateful if you can assist me in any way. Thank you very much for you time!
 
Adjustment of status while out of status

Hello,

Thanks for taking your time to advise me on the following issue.

I graduated from school in may 2007 and applied for my opt. It was approved and the card mailed to me back in august 2007 but it got lost in the mail. I was told I had to reapply and I did so twice( all three times I had to pay the fees). I finaly got the card mailed to me 2 weeks ago. I got the mail today and when I opened it, I found out that the expiration date was august 2008(They kept the date as it was supposed to be on the first car that I never received).
Basicaly that means that I fell out of status, despite the fact that I kept did everything I did to fix my situation.
Meanwhile, I won the diversity lottery for 2010 and applied for an Adjustment of status. Do I qualify for an AOS if i am out of status?
Thanks
 
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Question about RFE

I would need your great help in answering some of the points for the RFE to
my wife's I-485 application. When i filed my I-485 i applied for my wife too
who was F1-OPT at the time of 485 filing..

1) During her Masters - she has worked as an intern for a X company. When she initially joined the intern in spring semester, university and X company
requested to apply for CPT and she did accordingly. But later when internship
got extended in summer - Though she registered as independent Course at
university for the internship, neither university nor the X company requested
for the renewal of the CPT. Hence my wife too was not aware that she needs to renew it and worked without CPT for next whole summer.

Now when she filled her biographic info - She mentioned that She worked for X company for approximately 10 months of which only 5 months had CPT approval.
The RFE requests for Continuos employment authorization proof for the rest of
the months..

Appreciate your great help on how to handle/Reply to this RFE. It was not an
intended thought for not renewing CPT but due to lack of knowledge it
happened.. Appreciate experts advice on how to proceed from here..
 
H1b

Dear Mr. Khanna,

I have done my Masters in Health Administration. I have applied for my H1b on 1st april. I still dont have a RFE as yet. I also have a MBA in India.
My H1 is applied on the basis of Business Analyst position on the basis of MBA. My last degree is Masters in Health Admin from USA which I finished in Aug 2008.

I am not in a project yet so I dont have a client letter. Should I still hold on to this H1 or file for a different H1 on some other profile. What are my chances of getting a RFE? Should I wait or apply for other H1?

Thanks
Anuj
 
Travel India on OPT

Mr Khanna,


Hope you are doing well, also i want to thank you in advance for answering my question. Sir I am on OPT, I want to travel to india for an family function, I did my bachelors here. My F1 visa expires in August. I have an Employer, who is resdy to give me any kind of travel documents. Can you please advice that is it ok to go to india and come back before august. Also what documents should I carry to re-enter USA.

Thanks


Regards

Abhishek
 
H1 4th year, Gap in employment - Impact on Green card

Hi Rajiv,
Thank you for your service to community. I'm on my 4th year H1.
My employment with employer A was terminated in year 2008 and I had a gap of 1 month and 5 days to join an employer B. ( I had joined after my H1 transfer petition approved, filed on premium).
In year 2009, I was laid off by employer B, again I had gap of 1 month 5 days to join employer C. (Employer C also confirmed the start date only after my H1 transfer approved).
I understand being on H1, there shouldn't be any gap between the employments.
In this given situation, will there be any impact on my Labor/Green card processing? My current employer (Employer C) has filed my PERM labor last month. It will be great help if you can suggest some guidelines, so that my GC process will be smooth. Appreciate your help.

Regards
Kiran
 
Working from home

Hi,

Thanks in advance for your help.

- My office is based in Texas.
- Husband in City Y, Minnesota.
- company approved of working from home but did not approve of move to Minnesota, because of salary differences between what I was getting paid in TX in comparison to MN for the same role.
- so working out of city X in Wisconsin with no salary changes. LCA reflects wisconsin address.
- distance between the 2 places is 1 hr by car.

My questions are:
1. Assuming my company has no issues with where I work from, can I work once in a while from Minnesota? Will there be any issues?
2. I have read somewhere that one can work away from your registered address for a period of less than 30 days, above which we have to file an LCA amendment with the new address. Is this true? (if yes, then i can work from minnesota ensuring i am not away from the wisconsin address for more than 30 days. am i right?)
3. I hardly find any resource related to this, can you please share any material related to rules applied to people working from home.

Thanks a lot
 
Hi,
my H1b was denied in 2007...i applied again now through another company and received an RFE saying "our records indicate that the beneficiary was denied h1B status before" and requested for previous denial documentation...I do not have any information regarding that denial including the receipt number and My previous employer is not providing me with the denial documentation...Will that be a problem for my case to be approved??? will the USCIS keep the documents submitted by the old company in 2007 till now??? Along with that the complete contracts between my employer and the ultimate end client was also requested...my lawyer submitted all the contracts related to my job but regarding the previous denial documentation he said he would just send a note saying previous employer not responding...

I filed in premium processing and usually for these type of cases how many days does USCIS take to make a decision after responding to the RFE ???

Another question is if my H1b is denied again now , and because the quota is still open, is it possible to apply another H1B???

Thanks...
 
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