Recording available for Nov 17 Conference Call

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monica1

monica1

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Recording available for Nov 17 Conference Call.

http://www.immigration.com/free-community-conference-calls
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Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
NEXT CALL DATE: Dec 1, 2011

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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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Please help us!!

Hi
Rajiv ji

My name is Sonal and i have been browsing on your website since couple weeks and i have found you are very helpful
by giving your advice to everyone which i really APPRECIATE!!!! and hoping that you would defiantly help me i really need your advice in my husbands case. First i want to give u a brief detail about my husband in below stated points.

1. He came to USA in sep 2000 he don't have I- 94 but he has a police report saying that his bag was stolen when he came to this country.
2. He used to work in a gas station before in Albany NY from 2000 to 2005 then he got his own gas station by leasing the the property on someone else name but he invest his money in business at Springfield MA he has been running this gas station from 2005 till date.
3. Then he got another convenience store in dec 2010 and even this one is the same way he invested his money but on someone else's name and recently he got the third one in nov 2011.
4.I ( sonal dahima) his wife came to USA on student visa in sep 2005 and because of some physical problem i had to take a break from school and then went out of status and now we have 2 girls a 4 and half yr old and a 18mn old

Right now we are in a condition where we both are out of status and we don't know what to do so i kindly request you PLEASE PLEASE HELP US and guide us to know what are our options or is there any ways to work on getting in to any kind of status.

Thank U in advance and hopefully looking for help and reply.
 
Your Kind Attention Sought - Almost Zero EB1 AOS Adjudications !

Dear Mr. Rajiv,

Thanks! With your valuable guidance, my EB1b I-140 was approved in Aug-2011. My question here is about concurrently filed I-485 pending since Jan-2011 at Nebraska.

I observed that EB AOS cases having Priority/ Received/ I-140 Approval Dates later than mine being approved. I also saw no change in processing time being 4 months. I learned about unavailability of Visa # for FY2011 and waited till Oct, but finally raised a SR in mid Oct which was replied in early Nov as follows -

"We are aware that as per DOS visa bulletin it appears that visas are available but there is extremely large demand and a visa may or may not be available........ If there is a visa available that cases are assigned to officers based on date order ................ and you should wait another 30-90 days."

Mine is not a stand alone case and our small community of EB1 (mostly EA and OP/R) have experienced that I-485 applications are not moving since the last few months (Aug) while other categories (mostly EB2 and EB1C) are being approved. Whoever has contacted USCIS, got a meaningless/ ambiguous response.

We fail to understand what is going on at USCIS so below is the group summary of our questions -

1. By your knowledge or opinion, what is causing this unfair practice? Is there some kind of temporary internal hold on EB1s? How come is this possible that visa # are available for 2nd preference and unavailable for 1st preference? Is there a deliberate attempt to clear the backlog of EB2? Is USCIS using advance spillover? Are the cutoff dates being moved to create demand data? Leading to possible retrogression?

2. If something is unjustified, what remedies do we have to get justice?

3. As one of the possible options, could AILA raise this issue on behalf of our community in their next Liaison?

Thanks in advance.
 
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H1B interview

Hi Rajiv,

Applied I824 for spouse which is pending and my priority date is current. Also she received H1B approval recently and she is planning to attend for h1b interview. I have the following questions.

1. Should she have to carry my GC copy and I824 receipt to the interview.
2. Does her spouse being GC holder has any positive/negative impact on her getting h1b visa.
3. Once she is here on H1B, can I file I485 or continue FTJ and which one is more feasible.
 
I-94 error at port of entry and out of status

Dear Sir,

I sincerely hope you can offer me the best approach for my situation -

I have a visa stamping in my passport that is valid till 15Aug2011 from my previous employer. I got the I797 approval notice from my current employer till Apr2012.

When I came back from India this June, I got an I-94 issued based on my visa from previous employer and its validity is till 25Aug2011. I did not notice this when entering the country and now when I submitted all the paper work for H1-B extension, I was told by the visa processing section of my university that I have been out of status from 25AUg2011.

I stopped working from last monday when we found this out and one option given was to go to the local deferred office to get the I-94 corrected. I am concerned since I do not have a valid status now and they can deport if they want to.

Another option that we are persuing is to file for H1-B extension request INS to issue start date as 26Aug2011. I do not know if this will be approved since I do not have a valid status now.

What will you recommend sir - take the risk and go to the local CBP office or go with the H1-B extension. I stay near Houston and was told that CBP is hesitant to correct expired I-94s.

I sincerely thank you for looking into this.

Regards
 
Follow New PERM process if Company taken Over By New Management and Address Changed?

Hello Sir,

I have an approved PERM labor and I-140 (EB2) which were applied when my office location was in WoodBridge, New Jersey (priority date 26 Nov 2007). My I-140 was approved on 11-July-2008. The company was taken over by new management in Ocober 2009 and office/company address is changed to Bensalem, Pennsylvania about 56 miles away from Woodbridge, NJ. Company name is NOT changed but address changed. Now the dates are current as per my PD and my company lawyers suggested to go ahead with I485 (AOS) filing. In case of query (RFE) on "COMPANY ADDRESS", may have to restart the GC process by filing a new PERM (labor) and port existing PD.

1) Do we have possibility of getting Query (RFE) on my case?

2) In case of query, Do we need to refile starting with new PERM and port priority date or do we have any alternative? or Can we answer the RFE without re-filing the labor?

3) Can I apply for I485 now and as soon as I get EAD can I go for AC21? can I use EAD for my employment? Do I need to maintain my H1B status?


Please advise in this matter! Many thanks in advance!

Thanks
RD
 
Switching Jobs

Hi,

The question is regarding my Job change.

Below is my current status:

Total Experience – 6 Years, 11 Months (5 Years 1 month in the US and 1 year 10 months in India in the same company)
Current Work Visa Status – H1B expires on 02/10/2013 (I will be completing 6 years on H1B)
Green Card Status – EB3/I-140 Approved on 10/24/2011. Priority Date 06/30/2009
Education - 2004 B.TECH in Computer Science and Engineering (4 Years degree)

I am getting a great job opportunity and willing to transfer my H1B visa to Employer B. But Employer A may revoke the I140 as I will no longer be an employee of company A.

I do not have the copy of approved I140 with me. I have the Receipt Number though (Also I have an email from employer A that my I140 has been approved)

Employer B is wiling to start my GC process after one year of employement.

Questions:

1. Would I be getting 3 years H1B extension during H1B transfer to Employer B?
2. Can I port the old I140's priority date even though the original 140 is revoked by Employer A? Will it be lost if approved I 140 is revoked by Employer A?
3. Can Employer B start GC process in EB2 (I am being offered a Lead position)?


Thanks for your help!
 
Questions on reinstatement of F1 status & wants to know if H1B is GOOD option

Hi Rajeev Sir,

We really appreciate your help for the community and glad that you take part of your busy schedule to offer free services which reflects to show how generous you are at heart.

Summary -

I am former TVU student who joined in UNVA and applied for reinstatement. Once there was a raid on UNVA in July, as per your suggestion I revoked my reinstatement with UNVA and joined in a new school, and in process of applying for reinstatement from my new school as planned. My new school is waiting for the SEVIS department to transfer my SEVIS record from UNVA. Once they get the record transferred they will give me reinstatement i-20 using which I am planning to file my reinstatement through your team.

Surprisingly I got RFE generated on Oct 21st for the reinstatement which was already withdrawn on August 26th. I have signed the Legal Services Retainer Agreement with your team for filing my reinstatement from new school. Your team member Jagbir is assisting me in replying for RFE for reinstatement which is withdrawn.

Questions I have -

1. If new college gives new reinstatement i-20 can I file new reinstatement along with reply for RFE, I mean can I pay the fee for reinstatement and keep new i-539 application in same RFE reply document mail.

2. Planning to reply for RFE mentioning that as we have withdrawn our reinstatement with UNVA on August 26th as we moved to new school. What result will they give for RFE if we reply so, will it be re-instatement application withdrawn or will that be as denied.

3. Do you suggest us to apply for h1b now, one company is willing to do h1b for my wife and she is also in same situation as mine (Planning to apply for reinstatement from new school)

4. Can we apply for h1b for her before we apply for reinstatement from this new school, or should we do only after applying for reinstatement from new school.( Asking because the h1b quota might be completed anytime soon )

5. Once if we apply for h1b now and god forbid if the reinstatement comes negative will she acquire her unlawful presence or will she have time till her h1b decision comes before the unlawful presence starts.

6. If she gets the h1b and not i94, can she wait for couple of months before she can go for stamping, asking so as want to check if she gets her reinstatement approved, because going for stamping of h1b is again 50% chance.

7. If she has to go for h1b stamping can she go to Mexico or is it must that she has to go to India. She initially came on H4 visa and then moved to student visa(did not go for F1 visa stamping) and all the TVU mess happened.

Thanks a lot for all your valuable time & suggestions.

Regards,
Nani
 
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Reopening of a denied PERM

Hi Rajiv Sir, I appreciate you help to the community.
My question is regarding reopening of a denied PERM. Here are the details.

My PERM labor certification was filed in Nov 2007 under EB2 Category(Designation - Lead System Developer).
My case was selected for random audit in 2008 and my company replied with all the evidence for the audit.
This PERM was denied on Dec 03 2009 and the reason for denial was - Experience Skill set was not mentioned in the ETA 9089 Form. (seems mistake by previous attorney retained by employer)

Two days before the first labor denial, My company filed another PERM on Dec 01 2009 under same category but with different Designation (EB2 category, Designation - Programmer Analyst). This labor certificate and I-140 are approved in 2010.

My question.
(i) Can we go for a request to re-consider my case to use earlier denied labor Priority date Or open the previous case again for re-appeal..?
(ii) If Yes, will it have any impact on my second approved second labor or I-140..? Please help..
 
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H1B DUI stamping

I am on H1B (full time - non IT) and planning to go to India for stamping beginning of 2012 and i am not worried about visa rejection.My concern is time taken between first interview and administrative processing(221G)

I have heard from other people that it takes about 30 - 50 days before consulate will call you.
1. What is the current waiting time for this processing?
2. Is there anything i can do while i am in US to reduce this time?for instance - Doing criminal background check in advance and get it attested/sealed by proper government agency and present it at the time of interview.
 
H1b/ead

I need to know if i am on bench & am also out of status. Can i still file 485 if PD is current?
If yes, after filing 485 and getting EAD, will I still be able to work on EAD directly ?

Also, in case i get RFE on my H1 extension, can i still file 485 if PD is current? And can i start working on EAD before getting any verdict on H1 extension?

PD : 3rd Jun 2008 ( EB2)/ I-140 Approved ( April'2009)
 
Minimum number of paystubs

Hi Rajiv

I have 2 questions:

1 . Case 1: I got a fresh h1b approved from company X in first week of October. I have not joined company X yet( working on an L1b with another Company Z for last 2 years). I now plan to change job to join Company Y soon. Is there a minimum number of paystubs( with company X) requirement before Company Y can file for H1B transfer?

2. Case 2: If there is an employment gap of 2-3 weeks while moving jobs from an L1b to H1b status( staying within US all this while) will it impact my GC processing in future?
 
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