Recording available for May 21 Conference Call

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monica1

monica1

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Recording available for the May 21 Conference Call.

-------------------
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: June 4, 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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H1B pending for around 11 months,but visa valid till 2010

Hi Rajiv Jee

Thanks for serving the community in different ways.I have an issue on my H1B Transfer.

I have Valid H1B visa and I-94 till Oct -2010 with Company A.Then in Jun-2008 i filed H1B transfer for Company B which is yet to be approved and got RFE on 03/25/2009.As per the RFE i have submitted client letter and contract agreement before the due date ie 05/07/2009.Iam not sure whether company A revoked my H1B or not and company B is running my paystubs since Jun-2008 ie around 11 months.

Q 1.Is it legal to work for Company B on receipt number for more than 180 days though i have i-94 expiration date till Oct-2010 from company A?

q 2.To avoid the consequences of H1B rejection,planning to change my status to F1 and applied for university admission.So Do i need to change my status before USCIS decision or after USCIS decision to maintain my legal status.If it is after USCIS decision, how many days will i have time to apply for change of status.


Thanks for valuable suggestions.
 
Hi Rajiv,

I came into this country in Dec,07 on an H4 visa. Applied for an H1 and got it by Oct 08 but could not find a job. In Mar,09 I had to go to India and returned on my H4 visa. My husband's 140 is approved but 485 is still pending. He had applied concurrently for his 140 & 485 in Aug,07. I have not yet been added to his 485 application.

My questions are -

1. Can I still continue looking out for a job with my current H1 visa? Will it be possible for me to transfer my H1 to my new employer without having any paystubs or will my new employer have to reapply for my H1 visa?

2. My husband's company is going under, can he change jobs and start work on his EAD, what are my options to avoid going out of status? Can I move to a student visa or H1 status to avoid being out of status?

Thanks for your help.

Rekha.
 
Hello Rajiv,

I entered the US on an H4 visa a couple of years back. I got an H1B through a Company here in Oct 08, but I dont have a job yet.

Is there a way I can go back to H4 status without having to travel to India?

I also have another option though. I am a musician and a performing organization here is willing to file a P3 visa for me.

With regard to this, I have a few questions:

1. Do I need to go back to India, get stamping done and re-enter the US?

2. Or can I continue staying here while the organization files for the Non-immigrant worker visa by filling out form I-129?

3. Or should I file for a non immigration change of status visa, by filling form I-539 while I continue to stay here?

4. Are there any other documents that I would need?

Many thanks.
 
Hi Rajiv,

Scenario - H1 and H4 (of my wife) visa, I-94 and petition expiring on 2nd June, Labor & I-140 is approved, out of project, don't have client letter or work order to support extension

I read in your blog "H-1, laid off" scenario, I can legally stay in US by filing change of status to B2 (Visitor visa) before my H1 expires (i.e. before 2nd June). As you mentioned I am authorized to stay in USA while waiting for a decision on a timely filed application even my H1 has expired.

Q: If my I-140 is approved means my intention is to stay in US for long term, in that case what are the chances of INS approving visitor visa (B2)

Thanks a lot for your help.

Thanks
Jack
 
Dear Rajiv,

My father came to US last year on visitors visa visa which is valid for 10 years. He was permitted to stay here for 6 months. He overstayed by 3 days. The overstayed was caused because he was sick at the time he was supposed to travel back.He has written ceritificate from US doctor about it. My father wants to come and visit me again. Should my father go to US embassy in New Delhi again and apply for new visa or can he travel on same visa. I have been hearing that his visa is not valid any more. Please suggest me the best course of action.

Thank you,
Ahmed
 
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EAD & Unemployment Benefits

Dear Rajiv Jee,
EB2 PD 06/30/06...Am on an EAD - 3rd one; Am actively searching for Jobs and facing financial hardships and now the June VB shows a retrogression to 2000 (9 Yrs!)...

Would it be prudent to apply for Unemployment Ins Benefits as accorded by the state (say NJ) while being on an EAD? Would it terribly hurt my next EAD-renewal or adversely affect the final I-485/AOS/GC adjudication if I do apply & take the UI-benefits?:confused: (...be later misconstrued by the USCIS as a ward-of-the-state potentially)

Would indeed appreciate your erudite opinion & guidance Sir.

Thanks a bunch, Counselor, for this altruistic and the informational, educational service that you continue to provide which I must add is representative of true philanthropy!
God Bless!

-Irubba96
 
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Implications of Forced shutdown on H1B status

Dear Mr. Rajeev, Thanks a lot for your service.

Currently, I am working on H1B since Oct'08.
My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K

My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
 
Salary Hike on H1B

Hello Rajiv Sir,

Here is a quick summary of my case: My 485 application is pending since July 2007, I-140 approved in Feb 09 and had used a pre-approved labor Cert in
EB3 category during the July 2007 fiasco.

Currently I am working on H1-B with the same employer (who sponsered my H1B and applied for GC) for almost two years now (22 months).

My Question: Is it 'OK' to take a pay hike with my current employer (Around
$10K per annum hike) in my situation? Could there be any longterm impact of
that, specially on my Green Card processing?

I am not being promoted to a higher position and my Job description remains
exactly same....this pay hike is kind of a regular increment.

Also, I would like to clarify whether my payscale is defined by:
1) the 'Pre-approved' labor (priority date: 12/2003) that I used (65K) or
2) the salary mentioned in my H1-B Petition (Between 65K and 90K) or
3) The Company's formal offer letter that was given to me at the time of joining (Offer letter says 80K per annum + bonus)


Thank you very much.
Regards,
Raj
 
Dear Rajivji,

Thanks for all your help to the community.

I Have a question,

1. I entered US in 2006 on H4
2. Got my H1 on 2007 Oct
3. Recently I decided to change my status to H4 and resigned from my H1 job on Apr 15, 2009.
4. Before I could apply , my husband lost his job Apr on 20, 2009 and applied for transfer on May 1, 2009.
5. His new employer took some time to apply for his H1 and my H1 to H4 COS (Filed on May12,2009) we got receipt for only his H1 and not for my H1 to H4.

My question is

What happens if my employer revokes my H1 effective Apr 15th and my case is not receipted yet?

I am planning to go back to India for some medical treatment,

till when should i wait to leave
- till I get receipt or approval ?

Please let me know.

Thanks in advance
SZ
 
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Laid off, AOS pending, can I travel and when?

I have been in the H1B status valid until Dec 2010 and my EB3 AOS has been pending since August 2007 (PD Jan. 2006). Both are with the same sponsoring employer. They decided to lay me off. They put me on a leave of absence until June 30 and are willing to extend that for another 30 days maximum at which time I will be officially laid off. I am not receiving any pay. I have an EAD valid until Sept. 2010 and an Advance Parole valid until Dec 2009.

1) I would like to travel to my home country for a few weeks. The paralegal assistant of my lawyer told me that I could do that while on this leave of absence (but not later, unless I find another similar job).

What is your advice?

If I am coming back on AP and if officer at the port of entry asks me where I am working, what should be my answer?

Should I try to get a new H1 stamp even though I know the job is ending?

2) The paralegal also told me not to apply for unemployment benefits since that could trigger INS inquiry and jeopardize my pending GC. What is your advice? I want to use this benefit if I am entitled to it.

Many thanks

Uzas
 
H1b transfer (Incorrect Hiring date)

Dear Rajiv,
I am on H1 since 2003. I changed employer in May 2004 from Company A to Company B. My last day with Company A is on May 21st(Friday) and I joined Company B on May 24th (Monday). However, until recently I didn't realized that Company B actually filed my H1b transfer on June 1st 2004 instead of on May 24th. I received pay for this time period. It looks more like a miscommunication between HR and company attorney that caused this error.

1) Now, What is my correct start date with Company B, is it May 21st or June 1st?
2) if it is June 1st - will it cause any issues in the future if I show a gap of 11 days between jobs?
3) Can I show pay checks( and offer letter and employment verification letter) to prove that I was employed by Company B from May 24th 2004. I believe this will do no good for me as I should not be working with Company B until I get the file number in first place. But I would appreciate your advice.
4) Lastly, I am wondering whose mistake is this? is it the innocent Employee who believed HR :-( or the Employer who neglected to verify before hiring? Who will be or should be punished if INS noticed this?

Thank you very much for your time and truly appreciate your advice.

Sanchi
 
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Dear Rajiv,

This is my second question in this thread. if you are not willing to take more than one question please ignore this one.

Initially in the year 2000 I visited US consulate in Chennai for H1b visa and I received 229(g) and eventually my Visa was denied for unable to verify my previous work experience. Later I applied for H1b Visa from a different country (legal resident for more than 6 months in this country) and this time I got my h1b Visa. Is there any difference between INS terms "visa denied" and "visa Refused"?

Thanks,
Sanchi
 
I came in US with a visa waiver and my husband filled an I130 in november which is still pending. My husband doesn t work but is supported by his mother. Do we have a chance to get approved ? If yes, will i be asked to go back to my country for a visa issuance?
thank you
 
Dear sir, I am going to file I-485 in family based first prefrence immigration. I had couple of questions. My father (patetioner) doesn't have a source of income therefore he never filed income tax since he immigrated to US. I will be having a joint sponsor.
I want to know if a legal permanat resident can be a joint sponsor along with my father secondly is there any chance of complication because my father didn't file income tax (becuase he didn't have income and he was not required according to tax law).
 
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Priority Date and AC 21

Dear Rajiv,

Thanks a lot for your kind community service.

Can you pl. clarify the following 2 questions?

My Perm Labor was filled in Jan 30, 2006 and got approved in Jan 2007. In my approved I-140 my priority date is listed as Jan 2007. Which is correct ? Is the filling date or the approve date?

Regarding AC21, I do not have the copy of my approved perm labor, due to company confidential, my employer refused to give the copy. Can I file the AC 21 without the perm copy? Should I get a detail job description letter from my employer or just a job offer with job title is enough?


Thanks and Regards,
rharan
 
Petitioner/Sponsor needs to be in USA when beneficiary enters?

My son's application for immigrant visa was recently approved and he plans to come to the US next month. However, it is likely that I may have to be out of US the month he enters into the US. would that be an issue? Is there any requirement that the sponsor/petitioner be in country when the beneficiary enters? Please advice!
 
L2-EAD to H1 transfer

Dear Rajiv,

I am currently working with company-A on L2-EAD. I have approved H1 petition from company-B, which I never joined, so no pay stubs from company-B. I do not have original H1 petition, only have copy of my approved H1 petition.

Can I transfer my H1B to company-A (where I am currently working, so I have pay stub from company-A)?

Many Thanks for your guidance

Best regards,
 
Clarification on the H–1B and L–1 Visa Reform Act of 2009

I have a query regarding this proposed legislation. Would I be correct in assuming that if this becomes law, as per sec113(waiver requirements), in order to qualify for a waiver from the Department of Labor, the outsourcing company has to provide evidence that the client hasn't laid off US workers 6 months before and 6 months after the outsourcing company has been contracted, as well as other evidence to prove that the visa holder is working under the supervision of the outsourcing company and not the client company?
What would constitute such evidence? I am not sure if the query comes within the ambit of your service but I don't know who else to ask:(
Thanks
 
Hi Rajiv,

Several years ago I became a US Citizen. And then in year 2001, I sponsored my unmarried son who was about 25 years old at the time (I-130 category: Unmarried son over the age of 21 years). It has been almost 8 years now and since then his case was approved by USCIS and then NVC sent his approved case to the country of origin (Pakistan) a couple of years ago for the US Embassy to issue the Immigrant visa. Now after waiting for about 3 years for the US Embassy to process the case, they finally sent us a packet which contains forms such as "DS-230 part 1" and other pertinent information. But now my son got married and now has kids also.

On the form DS 230-part 1 form there are questions in which they ask about applicant's marital status and if his/her family would accompany to the US or not. What is the implication of him getting married in the due process? Would he have to get in a new line for "Married son or daughter over 21 years of age" now? Would they penalize us becuase we did not inform USCIS or Embassy about his marriage? How does his marriage affect his chances of getting the immigrant visa now? What are our options in this case?

Any guidance you can provide would be greatly appreciated.

Thanks in advance.
 
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