Recording available for Nov 19 Conference Call

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monica1

monica1

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Recording for Nov 19 call, http://www.immigration.com/free-community-conference-calls

Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: Dec 3, 09
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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Hi,
I plan to bring file GC for my mom since I am US citizen. I filed for her I-130 which got approved. Initially I indicated that we will do CP, but now that she will be here next month, can I change to AOS ? Please also advise what docs are needed later. Sounds like only my citizenship proof and my birth cert (which shows my mom' sname) is needed.
Appreciate if someone can confirm so I can start working on collecting those docs.

Regds
Sanjay
 
3.5 year dipolma + 3 Yer BS

Hi Rajiv,
I have questions regarding EB2 I-140 filling. My PERM is under process I have 3.5 years diploma + 3 year BS(BITS) in information systems( not BSC) from india and 5+ year progressive exp. MY lawyer did evaluation by equating my diploma to associate degree and my bachelors to BS in US. Is this evaluation enough or do I have get new evaluation by evaluating only my bachelors degree to US Bachelors?. General admission requirements for BS is diploma +2years experience or BSC.
My questions are
1)How likely one can get approval with this kind of education. Have you handled any cases like me?
2) If my I-140 is rejected, can I file new EB3 I-140 using same PERM labor ?
3)what are the proper words should be used in PERM inorder to consider as EB3 category if EB2 gets rejected?
4)Please suggest me the things I should take care of before filling I-140?
5)Which Evaluation is best Document by document or course by course?
6)I have heard that USCIS give lot of weight to ACCRAO evaluation service. Is it true?

Thanks
 
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E2 Question

We are canadian citizen.
We came to us as visitor ,

invested in business
applied for change of status. E2

uscis granted e2 from sep06 to sep08

apllied for e2 visa from us consulate in july 2008
and it was declined with queery.

Apllied to uscis for renewal -e2 renewal granted sep/15/08 to sep/2010.

My spouse and my two children and myself have seperate i 94

my wife and myself came to canada in march.

On march 31/09,we have been denied entry for want of visa from us consulate.

In may appllied for e2 from toronto,petition declined on 16th june 2009
with same reason in july 2008.

My daughters (under 21)are in usa they have their i-94 which is valid up to sep/14/2010 .
Since we both husband and wife are in canada and daughters are in usa
what could be legal status of my children,
(1)can they continue study up to sep/14/2010 or(2) can they continue study up to 180 days (up to dec/15/09 our petition declined i.e from june 16 09.)

(3)what can be done to continue my daughters status,?
(4)if we file petition on or before dec/15/09 for e2 does my daughters get extendes?
 
F1-OPT Trouble

Hi Rajiv,

I really thank you for helping all of us.
I am currently in the second year of my masters program. I did the first year on H4 status in 2008-2009. My second year starts from Sept 2009 and I can graduate by May 2009. I converted from H4 to F1 and my F1- status has a start date in Sept 2009. I read online that to apply for an OPT , I need to be in F1 status for 9 months. But technically if you look at my curriculum year Sept 2009 to May 2009, I will only have 8 months in F1 status. Is there any way that I can graduate in May and get my OPT starting immediately after I graduate.

Thanks,
Rarch.
 
Applying N400 -- Question about 2 petty thefts -- Please Help

Hello Rajiv

I am applying for N400 and need direction.

I came in 1999 and got GC in 2004

I was involved in 2 petty theft cases(Year 2004 and 2007) (less than $50), got arrested, No contest, paid fines/ 90 days probation and both cases got expunged. I paid lot of mental piece for years for these thefts. i am actively involved in society with voluteering/helping in school etc.

Please guide me if i apply N400 and what will be the out come.

1. Do you suggest waiting for 5 yrs more?

2. My spouse(clean record) got Citizenship, can i get any benefit from it.
 
L1

Hi

I have been issued a L1 visa and I entered US for the 1st time on OCT 3rd 2009 I wemt through immigration no problems but i arrived here in Houston last week and immigration pulled me aside to wait in a room.
They then advised me that I need a waiver to travel to the US because i have a serious Assault charge on my criminal record now i went through all this with US embassy in London and after they questioned me they decided that my crime did not involve moral torpitude.
I am a bit confused what to do etc as i have been told by my company that you only need a waiver if you get denied a visa.
Can you please advise me best you can.

Many thanks
 
PROTECTING SURVIVING FAMILY law

Hello Rajiv,
I have EAD/AP through my wife GC application. She passed away last month and this new law (PROTECTING SURVIVING FAMILY law) was passed 13 days after she passed away.
1. Am I eligible to continue her GC ?
2. Do I need to apply for H1b (based on my GC application 140 approval)? I am going to India for a year hoping it will help me and my daughter in our grieving.
3. My lawyer told since I am going to India for extended period of time it is not advisable to go for H1B instead stay on the AP. Will there be any problems when I want to come back on AP since this law is new and no one knows exactly what are the rules and eligibility.

I appreciate your answer!
 
H1B ext and I-140

My I-140 is approved, H1B extension for 3 yrs (currently 7th year H1B) with current employer expected next 15 days( premium processing)

If I get it approoved and I want to switch job to a different company after the appproval ( which will probably be for 3 years) is there a problem? Both jobs are very different. I do have the intent to come back to this current job when I get the green card. Priority date is late 2007 EB-2

If by any chance later my current employer withdraws my I-140 will my H1 extension be automatically cancelled ?

Does my current employer get to know if I do find another job and they are willing to transfer my current H1B to them?

Are they bound to withdraw my I-140? or can they keep the process going till I get my green card.

When is it safe to join the other job When uscis get the application or after the transfer is apprroved? Can the transfer also be premium processed?What would you recommend

What is the best way out?

Please help.
 
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H1b

My wife was offered a job after extensive interviews ata university. Before sending the letter we asked them whom to contact to transfer current cap H1B to the university.

They withdrew the job offer saying that they do not sponsor H1B, we argued with them that it would just be a transfer but they landed up reposting the job in question.

Is there anything we can do about this? there is no where written on the HR website or the Job adver that it is reserved only for Greencard holders or citizens and that they do not take people on visa's
 
H1 Visa Stamping

Hello Mr. Rajiv,

I am planning to make a visit to India early next month. My current H1 Stamping is expiring on 31st Dec 2009.

Do I need to attend for the visa stamping interview, if I come back to US on 25th Dec? (I have an approved I-797 H1 extension till Dec-2012).

Thanks
 
Renewing National Passport

Mr. Khanna –

Two quick questions based on your experience or from other sources that you know

- 1#- What is the common interpretation of USCIS Law if LPR (Asylee based) renewed a valid passport from COP?

- #2 - What are the effects, if any, on citizenship application?

Thanks !!
 
Regarding Depandent's I-485.

Hi Rajiv,
Let me convey my sincere thanks for your generous free service on immigration issues. Your suggestions helped me to handle my difficult immigration situations. I also had a paid consultation with you earlier last year, which helped me a lot. Thanks again for all your help.

Situation:
1) Applied I-485 in august 2007 for me and my family. Denied on June 26, 2008 Due to underlying I-140 denied on 3 yrs degree basis. Applied MTR (appeal) on I-140. Which is denied on Jan 19, 2009, then applied one more appeal which is also denied on June 30, 2009.

2) But during all this appeal time, I joined with new company and started New GC process Labor approved then applied I-140 and got approved Jan 29, 2009
3) when this New I-140 was approved. USCIS re-opened my I-485 by themselves and linked this new I-140 to my I-485. But at the same time they didn’t re-opened by dependents I-485. I called several times to USCIS and also sent letter, but no response.

My Questions:
1. How can I get my dependents I-485 files re-opened.
2. Based on re-opened and pending I-485 status, they approved my EAD and now I applied for AP. Looking into this situation, Can I travel using AP and still be on my H1b (do I need to send any paper work to USCIS) – I have my H1b valid till 2012.

Thanks,
Sai.
 
Hello Rayid and thankyou so much for your help!
I want to apply for an H1B visa and this is my situation: I am a colombian architect, single, no family. I've been in New York City since December 31, 2008 on a tourist visa, but wish to stay and work here. (I went home for a couple of weeks in May to renew my entry for another 6 months) I've been taking several Continued Education courses and accompanying my sister with her first baby. Also, I studied (2000-2002) and worked (2002-2005) in New Orleans so I had a F-1 visa followed by an H1-B visa. I believe I have to include proof of this in my application.

A small architecture firm in Fort Lauderdale interested in hiring me. They are beginning a project of a school building in Colombia so I am a perfect fit since I have already lived and worked there, specifically in school design, and I want to live in the U.S. The architect looking to hiring has only one employee at this time, as he spends most of his time as a professor.

At this time, I am not sure what to expect. I know times are tough and I wonder what are the odds of visas being rejected given my case, specifically: Are there plenty of visas available?
Will the fact that the firm looking to hiring me is very small affect me? o
Will the fact that I have been here on a tourist visa so long, although hold a legal status, affect me?
How necessary is it to hire a lawyer for my case?

Again thankyou for your time.

Marcela
 
EB5 Investor Wanted

Rajiv - I am a small Florida business that is looking for an EB5 investor. I became aware of the process while working on a deal with our local city. The attorney heading it up was ask for the impossible.

I have a solid business model that is up and working and needs the assistance to go to the next level.

The investor would be totally 100% protected as a first mortgage holder of commercial real estate that has a current (less than 60 days) apprasial.

No jokes, not play games just looking for the right investor.
 
i485 & LONG TERM DISABILITY

Hi Mr Rajiv

I'm on H1 (valid until Sep'11) and was working for same employer from May '05, My 140 is approved, 485 filed in Aug'07(got EAD and AP, renewed EAD and AP got stamped upto Feb'10 on re-entry at POE)and pending in Initial review stage now, meanwhile I got stroke in Aug'08 and got approved for LTD in feb'09(CA LTD for 1 yr and private LTD for upto retirement age), as soon as it is approved my consulting company terminated me and told it is company policy(it has over 4000 employees all over US), but I cancelled my LTD joined work fulltime as my client manager supported me and gave little work and allowed me to work from home whenever I want, Once my client took me in, my company cancelled my termination and allowed me to continue as fulltime employee.
Due to my health conditions I came out of my project with client in July'09 and went on unpaid leave, and applied for LTD which got approved in Aug'09, again my employer told that they are going to terminate me, I requested them not to terminate as my GC is in process of final stage, but the HR manager told it is not possible to hold me as there will be complications for company, but for some reason they have'nt terminated me until now and I'm on unpaid leave, the company use to pay my medical insurance only and I have to payback later(no pay checks). Now the problem is my LTD provider says that they will not pay my LTD benefit (60% of my last pay drawn) if I stay out of US for 1 yr, for this reason and as my son is going to 4th gr schooling here I need the GC or some form of status in US. I'm 43 now and I have family of 3 dependents to feed here(my wife and son-9yr are Indian citizens, my daughter 2yr is born US citizen)

Now what will happen to my GC
i. if i'm employed and continue on unpaid leave with employer?
ii. if terminated by employer and h1b cancelled?
iii. Is there any other options if terminated?

Looking for your kind advice

thanks
kabi
 
EAD and AC21

Hi,

I am on EAD, with I485 pending for me (and my family). 485 pending since July 2007 in EB3 category. My I-140 was approved in Feb 09.

My questions are:
1) What are the things I need to make sure before joining the new employer? My current employer is in Illinois and my expected future employer would be in New Jersey as I reside in NJ. Can changing locations be a problem?

2) The future employer is asking me this question: "Do you need a sponsorship for employment from us?
What should be my answer to this question given that I do need their support for filing AC21 and matching my LC profile with the job offer? Please advise.

3) Since I used a pre-approved LC for applying my Greencard (I140 and I485 were applied consecutively), can using a pre-approved LC be a problem during my I 485 approval process if I change employers and file AC21?

4) Can my "paper work", 485 documents etc. remain with my current Attorney or they need to be transferred to the New Employer's Attorney? Whose responsibility is it to make sure this happens?

Thanks,
Raj
 
Regarding H1B Employer Sending Attorney Letter to sue

I am working with employer A in US since May 2007.

Employer B had filed H1B COS on July 08 and got approved w.e.f 1-Oct-2008.

I could not joined him due to projects NOT available with him (desi company). One year passed and could not got even interveiw call as he works corp2corp basis.

On Oct 1, 2009 got selected to work with one of its (H1B) client, but due to my status reversal back to L1 (by going and reentering again in Jan 2009 on
L1), I express that I can work on H1B as I have to go out and get H1B stamped to start work. He did not offer me visa stampig cost nor I had so much money to get h1b stamped.

Now he has sent me one letter through his attorney to sue if I do not pay him $3000 documentation and $60000, financial loss due to not joining him one OCt 2009.

Question 1) How and what should i reply to him?
2) can he sue me to recover H1b processing cost and 60K financial loss?
 
L1b-l1a-greecard processing probability

Dear Sir

THank you very much for taking time and helping the community.

My question is regarding Green Card processing:

I entered on L1B in 2006 and got my L1A change of staus/extesnion on Oct 2009.

What are the requisite to get my Green card filing ?

If my L1A employer is not helping to proceed, what is other work around/alternatives to get green card to start process? Can I do it myself?

amre
 
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