Recording available for March 14 Conference Call

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monica1

monica1

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Recording available for March 14 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: March 28, 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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Need your views on H1B Transfer from India.Didn't travel to USA on current H1b visa.Is trasfer valid

Hello Rajiv,

Presently Am working in India and till date I haven't traveled to USA.
My current employer A has filled for H1B petition in April 2012 and I have appeared for Visa Interview at US consulate in India and got my visa on Nov 2012 with validity till June 2015.
Due to some Ad hoc reasons my current employer is not willing me to place at client site before December 2013.

Mean while I have come across a new potential employer B who is willing me to place at client site (USA), which is very encouraging and also offered to transfer my H1B.
Need your advise on below things before accepting the new employer offer.

1)As I didn't travel to USA and don't have any pay stubs, Can employer B apply for H1B transfer in my case.
2)I do have H-1B visa stamp in passport from my current employer A,Can I use the same H-1B visa stamp to travel to USA and take up the job with Employer B, Provided I do have a new approved petition filled by employer B.
3) Will there be any problem at port of entry ?
3)Do I need to reappear for Visa interview at US consulate in India with new petition filed by Employer B.
4) Are Pay stubs mandatory for H1b transfer , In case the applicant hasn't traveled to USA prior.

Please let me know your views.

Thanks,
Sai.
 
H-4 Application - Passport validity date - Follow up

Two weeks ago I had posted a question about en error in the form I-539 where the passport expiry of my wife was the previous passports (expired) expiry date. I contacted my lawyer and he was not willing to send an amendment and a letter describing the fact. However, the H-4 came through approved last week.

While I was hearing the Feb 28th recorded call of yours, I came across a case where someone was was permanently barred for "misrepresentation".

My question is - Although USCIS approved the H-4 for 3 years and my H-1B for 3 years too, will this "passport valid date" being incorrect ever be taken as a "misrepresentation"? If so, what are my options if my lawyer wasn't willing to send the amendment? Am I over-thinking the scenario?
 
Hello Rajiv,

I arrived in the us on a student visa in 1986, which was valid for 4 years, and had by passport marked D/S (duration of studies) at immigration. Unfortunately, I went out of status and remained in the us until 2003. In 2003, I left the country on my own accord. No action (removal or otherwise) was ever started against me. I just packed up and left. I understand that this meant that I was under a 10 year ban from coming back to the US. I have now completed 10 years.

However, they never took my I-94 at the airport when I left and I have lost the passport, which I used to leave the US.

How would I show that I left in 2003? Does the government keep track of departures? If so, how can I get access to that record to show the embassy (with my visa application) that I left in 2003?

Thanks,

Ray
 
Applying for B1/B2 - Visa Question

Due to extenuating circumstances I overstayed the my grace period for my opt by about three weeks.

  • I-94 was duration of status
  • OPT Expired on 2012/05/29
  • Grace Period therefore ended - 2012/07/26
  • Departed the US on 2012/08/21

When filling out an application for my B1/B2 how should I answer the following question:

"Have you even been unlawfully present, overstayed the amount of time by an immigration official or otherwise violated the terms of a U.S. visa?"​
 
H1B Extension Approval Start Date after I 94 Exipry

My H1B petition, my I94 and my family’s I-94 was expiring on Jul 6 2012 . During this time my company was merged with other company and got new name .
So new company applied my extension on May 18 to 2012 in Regular processing .
USCIS approved H1B and my family’s H4 on October 15 to 2012. But Dates on the approvals the start date is October 15 2012 instead of Jul 7 2012 . Am I out of status Since Jul 6 to October 15 ? Will this cause any issues for my GC or for my next port of entry when I re-enter to USA .

Our Attorney contacted USCIS to obtain a corrected approval notice. The USCIS took the position that they would not issue a corrected, backdated approval notice.
In this scenario are the below statement correct ?
While it was clearly USCIS mistake, the error will have no impact on my continuation of status. Because my amendment/extension was timely filed, so my period of stay in the US while the extension was pending was lawful and employment authorized.


I-94 and Previous H1b Petition Valid until Jul 6 2012
H1b Extension applied May 18 2012
H1b Extesnion Approved OCT 15 2012 Valid form October 15 2012 to April 2015


Thanks
Dsouza
 
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Hello,
I am on H4 visa and recently appeared for an interview with a "low-profit organization". I would like to know if such organizations can apply for cap-exempt H1. In order to apply for H1, what steps should they take in order to fulfill the "good faiths steps to recruit US workers" requirement that is part if H1b sponsorship. This company has not sponsored H1 in the past.
 
H1-B Transfer After Extension Approval Data Issue

Namaste Rajiv Ji

Q -1

- Working with Employer A, and applied for extension (H1-B first 6 years still not expired) before the date of expiry
- Extension Approved, I 797 received with no gap between expiry date of previous H1 and approval start date on the extension
- After around 2 weeks (after the new H1 approval start date), employer B filed for transfer of H1, for me to be able to change my job
- Start date requested was in first of June 2012
- I 797 for acceptance received in Week 2 of June 2012
- started working for Employer B in the last week of June 2012, after 2 week notice to employer A, based on the portability of H1 (no gaps in employment - stopped working at Employer A on Friday and joined employer B on Monday)

- H1 Transfer approved in October 2012, (was filed with regular processing), but the approval start date on the transfer I 797 is in 2 nd week of October 2012. (Probably the date on which it actually was processed and approved) , I 797 received, I 94 numbers match in all of the above cases

Now my question is, I had already started working for employer B in June 2012, so my pay stubs with employer A are not until October 2012 but only until June 2012. Based on the approval date given on the transfer, should this be a problem, in terms of mismatch on the pay stubs - specially for traveling to home country, consular apperances etc ?

Q - 2

Visiting Arizona - Myself and My wife are visiting Arizona as tourists for a couple of days next week. We both are in good immigration status with no issues apparently (see Q 1). In light of the stringent laws in Arizona, what kind of documents should we carry with us ? Since its just a 2 day visit, can we carry photocopies of everything and not the original documents ?


Regards

Rahul
 
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Consular Processing for H-1B

Hi

My OPT expired March 1st, 2013. My company is applying for my H-1 on April 1st, 2013 but since my OPT is already expired, I discontinued working on March 1st and will re-join the firm when my H-1 starts. I have chosen to stay in the US until my H-1 application is filed which is within my 60 day grace-period.
Research tells me that since my H-1 application will be sent within my grace period, my authorization to stay in the country gets extended (but not authorization to work). The law firm handling my application agreed with that until recently but now they say that my application will have to go through as consular processing from a consulate outside the US and that since I will be out of status it can't be processed as a change of status. They also said that I would have to leave the country within my grace period to avoid any issues with the consular processing process.

Can you please confirm that I would need to file as consular processing and that I would also need to leave within 60 days? Also, if possible, can you please elaborate a little on consular processing?

Thanks.
MK
 
prevailing wage‏ issue after GC

Back Ground /Time line

• in 2008 Started working with current employer on EAD - based on AC-21 , (pending I-485 of Eb3 from a different employer)
• Current employer’s PERM under Eb2 was approved July 2012 – with PW_AMOUNT on 9089 as $10000.00 per year, WAGE_OFFER_FROM_9089 as $10001.00 and WAGE_OFFER_TO_9089 as $105400. ( current employer has not shared the approval copy and supporting document but did shared with me the PERM case no so I came to know the PW amount from DOL public information available on their website by just matching case no)

• I-140 Approved on 1 Oct 2012 ( current employer has not shared the approval copy and supporting documents of I-140)

• I-485 was approved on 15 Oct 2012, I received the physical cards by Oct 25 2012 ( it was Eb3 to Eb2 case with old PD so it came very fast )

• I made contact with HR on 30 Oct 2012 and requested to update the I-9 with Green Card as my legal document in place of EAD….and in return got email conformation that it will be done. ( interestingly my employer did not asked this first ….I did this as I knew this was a required step that one need to do after getting green card)


• my annual salary was $95,000.00 per year till Dec 2012 and I was given performance based bonus( not a fixed amount) of 2000.00 in Dec 2012.

• From Jan 2013 my annual salary was increased to $98000.00 per year which is still less than PW on the PERM.

Questions

1. My issue is how best can I approach the employer to remind that fact that I am still getting paid less than PW that was on the PERM even though is not much of a big difference of what I am currently getting paid and what approved on Perm? I do not know if they are doing this by ignorance or intentionally ? I do not want to spoil the relationship but I need to understand my rights as per the law etc at the same time….
2. What formality that Employer should have done after it was known that my I-485 was approved ? my Job title before and after getting green card has not changed and I have not been asked to sign any new employment offer letter etc by employer to formally recognized the fact that I now have my green card and I am now working on the Job of the green card etc… in other worlds what is the process that employer should have done by law that actually proves to me that I am now on a green card Job and not on EAD anymore…
3. IF let’s say that employer had paid me a performance bonus of 6000 in place of just 2000 at the end of the year of 2012 to get a total of $ 95000 Plus 6000 to a total of 101000.00 , does this ensures that employer would have compiled with law ? in other words performance bonus ( which is not fixed in nature ) does that count towards PW ?
4. Since in 2012 total wage including the bonus it’s still less than PW on the PERM. Please let me know if the employer has still violated the law ?
5. If you think the employer is not following the law in my case what are the options I have they have to sort this out can they pay me back wages from Oct 19 2012 onwards to cover up the difference ?
6. Do I need to go to DOL / USCIS if the employer is not willing to sort this out ? what proof do I need to get from employer that I am now actually on a green card job and not using my old EAD etc so that I have some base to talk with them that said what can be my best approach to get the details and then make my case strong etc….I assume by just making a change on I-9 is not a sufficient proof that now I am on green card job….my work, department , manager nothing has changed
7. If the employer did not act in good faith and misrepresented its intentions on the PERM and I-140 by not paying me the minimum of PW , then can my green card be revoked by the USCIS ? if they find out ? ( its no fault of mine but employers ) how will USCIS know ?
8. What is impact of not receiving the minimum PW on my immigration status…. if I have to apply for a US citizenship after 5 years or to even renew Green card after 10 years. I am not sure how can it be my fault ? and what document I need to proof my innocence ? to ensure that I have no issues while applying for a citizenship or renewing GC
 
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H1b(6th yr) to F1 when PERM has been filed

Here's a brief summary of my current h1 status:

Currently on H1(expires in may-2013).
PERM filed - Jan-2013
Category - EB2 (5+ yrs experience)
Current location - US

I may be offered admission by a US university in the next week, so my questions are-

1) Can F1 visa be rejected on the grounds that I already have a PERM going? Do I need to take any extra steps while filing F1 because of my PERM?

2) If F1 gets rejected, can I continue on my H1 with the PERM going the way it is today?

It would be great if I can get answers to these questions.

Thanks in advance!
 
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Got New H1B, Response/Withdraw to Old H1B NOID?

Hello Rajiv,
Thanks a lot for community service.
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Information
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Employer A filed 7th year H1B extenstion based on appoved I-140 on 25Sep2012.
My I-94 and H1-B Expired on 30Sep, 2012.

On December 20, 2012, the review of your I129, PETITION FOR A
NONIMMIGRANT WORKER was completed, and a notice informing you of the USCIS' intended action was mailed.

February 1, 2013, - Employer B filed new H1-B in PP(premium processing).
February 6, 2013, - RFE - proof to show the beneficiary is maintaining valid non-immigrant status at the time of this petition filed.
February 19, 2013 - Responded to RFE, providing pay-stubs and other information.
March 6, 2013 - new H1 B with employer B approved with extension on stay (I-94 attached).

March 1, 2013, -- Old H1B Etx with employer A get Notice of Intent to Deny (reasons - derogatory information and employer-employee relationship).
----------------------
Questions
----------------------
1. New H1-B is approved with extension of stay (I-94), what is the best option to Old H1 NOID - Withdraw of Respond?
Based on previous cases of employer A, employer says even we respond to NOID, it will be a Denial for sure.
2. If we withdraw the Old H1B, how does it impact in future of GC Process?
3. What is the proof of my status from September 30, 2013 to March 6, 2013?
3. Does withdraw of Old H1 B impact my status.
because, the new I-94(March 6, 2013 to January, 2016) number is same as Old I-94 (expired on September 30, 2012).
4. If I get a Denial, how does it affect me in future applications, stamping, etc..?

--------------------------
Question on LCA/H1B Amendment
--------------------------
Employer B H1 B approved with Client- B (East).
What needs to be done, to work with Client A. (Mid West).
Position, salary at employer B will not be changed.
 
H4 to H1 question

Hello,

I am currently on H4 visa. I recently interviewed at company A but they cannot do H1. Company B agrees to do H1 and contract me to company A. Company B tells me that from the period April-October 1st they will take me as unpaid intern. From Oct 1st, provided I get H1 approved, they will start paying me. For the same period Company A will be paying company B for my services. Starting to work from Oct is not an option with Company A/Company B.
My questions are:
- Is this legal considering the fact that I am on H4? Anything to be cautious about?
- GC is in progress through my husband's employer. Do you foresee any complications in that process should I choose to go ahead with this employment opportunity?
- If this route doesnt seem ok, could you suggest an alternative approach?

Thank you very much.
 
i 130 denied failure to appear for appt. yet we never got information

my wife's i130 has been denied. we got a letter from our memphis,tn field office that said due to abandonment by us, our application is denied. they said we failed to show up for the second appointment, but we never received any information about the second appointment! does anyone here have any advise or info for my wife and me because we are torn to pieces over this news. I have just scheduled an infopass at the field office, and I have found my confirmation number from my ar11 change of address on my computer, and honestly the letter allows a motion to reopen, but it costs 630 dollars and i don't even have a job right now with a family of five(my wife is from Salvador, and I have already petitioned her three kids here). so, please any help would be great thank you!
 
Impact on existing H1-B and future 485 Filing/Green card process if NOT in USA

Hi Rajeev,

I am on H1-B with 7.5 yrs in US now in total and with I-140 approved.
Priority date being Dec 2010.

My current H1-B extension was based on approved I-140. I recently got my H1-B stamped as well,
until Oct 2015, when I went outside country and got it stamped.

( I work on client location as 3rd party i.e. Employer/vendor/client ( EVC ) model. )

Also I want to mention that parallelly, I had applied for AUSTRALIAN Permanent residency couple of yrs back, which got approved for me and wife ( who is on H4 and hence cannot work here in USA )

Questions:-

1) At this point, if I temporarily go and start working in AUS based on my residency there, what
happens to my H1-B. Does it get impacted in any way as I would be outside country but would NOT be generating salary in USA any more. Would my H1-B work authorisation continue to my valid.?
(Main reason is moving would be atleast wife could work in AUS, since she is getting frustrated with her H4
here in USA and with priority dates getting retrogressed so back that wait for EAD seems like eternity,when she could also work.)

2) Would there be problem for my employer, if I am not working here. I mean ideally is he required to revoke H1-B in such cases etc, when consultant is not even in the country.

3) Assuming my priority dates become current in near future, can I come back on my existing H1-B
stamp and I-797? Do I need to be here to file for 485 if they do become current.

4)If dates get current, At 485 filing, I would not be able to show recent salary/pay slips with my current H1-B employer , being outside country. Would that be a concern?

5) Overall, wish to understand moving to AUS at this point,could it impact my curent H1-B or my
future Green card in any negative way, as ultimately I would like to be back in USA when date is current or if I wish to come back early even if the date is not current yet.

Please let me know as these question are causing lot of concern to me and family.

THANKS and greatly Appreciate your help please. ( Apologies for little longer message here, than I wanted it to be )

Regards
SG
 
Green card of Spouse

Hi Mr. Khanna,

we had a phone consultaion in July 2012 regarding my case. You mentioned to me that if I had any further questions I should just email you my case details and questions.

My case:

1) My wife has a Green Card for over 11 years (renewed last year) but she has not been staying there for more than 2 weeks within every 365 days thus has not become a citizen yet.

2) I currently have a Hong Kong passport and had been visiting the US regularly until I was told by the US immigration to not do so. After which I applied to Tri valley University and was enrolled for about 2 semesters until that was shut down by the government.

3) My wife applied for I-130 in October 2011 as suggested by you.



Questions:

1) According to the letter we received, our I-130 will reach the current date in about Jan 2014. We are planning that my wife can stay in the US from June 2013 till Jan 2014, does that sound okay with you?

2) She is planning to study during her time in the US. Is it necessary for her to work as well as she has to provide proof of how she will support me when I go to the US?

3) Will my history in Tri Valley cause a problem during the I-130 approval?

Thank you very much.
 
New company on an H1-B

Dear Rajiv Ji,

I currently am on an H1-B visa through a company that has applied for my GC (My I-140 is approved and my priority date is Feb 2012). I would like to start a new LLC with 2 employees in India too begin with. I don’t intend to draw any salary or gain any profits from this company. My questions are:
  1. Even though I will not draw any salary from the company or perform active work, I may need to sign contractual documents. Is it OK to do so as an owner of the company and while I am on an H1-B?
  2. Can the fact that I have started a new company while on an H1-B have a negative impact on my GC in any way?
  3. Do I need to notify the USCIS of the fact that I have started a new company while on an H1-B?

Thanks in advance for your kind advice and I'll look forward to the call!
 
I-485 RFE and pending for more than 60 days. PD is current.

Hello Rajiv -

My PD is current and I recently got an RFE in my I-485 and I submitted the documents and its past 60 days but I still have not received any update from the USCIS regarding the approval or any news on I-485. I have contacted USCIS and they said its pre adjudicated and an officer is still working on the case. I have also contacted local congressman and they also recveived an update stating that USCIS is working on the case.

I have two I-485s pending one with LIN number and that is transferred to TSC and one with TSC and it has been pending for long time. I have I-140 EB3 (10/2003) and I-140 EB2 (PD 10/2011) approved.

Is there any other way to contact USCIS and get feedback on my I-485 case? Please advice. Thank you
 
Hello Rajiv,

Can you please let me know what type of affidavit and from whom is required to prove my relationship with my mom. I have a birthcertificate with date of birth, sex and moms name stated as first name wife of my fathers name, but it is missing my name. If you can please provide an example affidavit copy, if required as secondary evidence. that would really help me here. Looking forward to hear from you.

Thanks,
 
Hi Rajeev -- question reagrding H1b visa filing --

Hi Rajeev,

I am asking this question regarding a friend who wants to file H1b visa in this years quota --

1) The person has a B1 visa which is valid till 2016 and the person has visited USA couple of times on B1 Visa.
2) The person has never been on H1b visa.
3) The person has 12 yrs experience in IT industry.

Now the person wants to apply for H1b visa in this year's quota --I had a couple of questions in this regard --

A) When he files for H1b visa, does his existing B1 visa become invalid as soon as 1) His h1b vis agets approved by USCIS 2) Or does the b1 become valid, only when he gets a stamping for his H1b visa??

B) Suppose if he goes to USA on B1 visa and if an employer files an H1b visa for him and he gets approved for the H1b visa. Does he need to come back to India or out of USA (to Canada or Mexico) for stamping, before he can start working on H1b visa after October 1st, 2013 or he can start working in USA without stamping??

I would really appreciate it, if you can answer this question. Thanks in advance....
 
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