Recording available for Nov 8 Conference Call

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monica1

monica1

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Recording available for Nov 8 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: Nov 22, 2012

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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.

Last edited by monica1; 25th October 2012 at 07:19 PM.
 
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I-140 approved, H1 renewal due, job change

Hello Mr. Rajiv,

Thanks for reaching out to the community and offering help in this way.

I have been with my current company for 6 years. I had I-140 approved from current employer as of Aug 2012 (this year) with PD Feb 2012 for GC in EB3 category. I am in sixth year of my H1B expiring Oct 2013. So my H1B is due for renewal sometime in 2013. I understand that H1B renewal is only possible with an approved 1-140 after sixth year.

1. I want to change my current company as soon as I can get a new one. Is is safe to change my company now? or would you suggest me to get new H1B approved from current company by end of next year and then look for new job.

2. If I can change the company, How does the new company renew my H1- can they use old company's I-140 or do they need to file for theirs? Can my old company revoke i-140? What is the risk involved in changing jobs between now and October 2013.

3. If I get a job in April/May next year when my H1B is already filed for renewal by current company. Can the new company file another H1 transfer and renewal simultaneously?

Your guidance is greatly appreciated.

Regards,
Sayli
 
L1-EAD to E1-EAD

Hello Rajiv,

I am currently on L1B expiring June 27, 2013 and my wife is currently working on L2 - EAD which will also expire on the same day. I am eligible for E1 and my employer wants me to move to an E1 status post L1 expiry.

1) Is it possible to apply for E1 status, dependant E1 and dependant EAD all together in order to obtain an E1 with a start date coinciding with L1 expiry i.e. June 27, 2013. If yes, how early can I apply?

2) My main concern is to ensure my wife has a smooth transition from an L1 – EAD to an E1 - EAD with no gaps in between considering that a new EAD application takes about 3 months. What is the best way to ensure my wife’s L1 - EAD continues till she gets an E1 - EAD so she can continue to work uninterrupted.

Thanks
 
Thanks Rajiv for wonderful service to community… Here is my situation..
H1B – Already running 7th Year
EB3/EB2 Priority Date: May 2005

1. My H1b approval is valid till May 2013 with employer A (visa is not stamped in passport). I am still working for employer A.
2. Employer A filled EB3 Labor, I140 in 2005 and approved. In Sept 2007 I-485 filled. I485 is still pending due to priority date not current. However I received EAD and AP, that is valid till April 2013.
3. My wife joined me later in Dec 2008 on H4 (dependent). I was unable to file her I-485 based on EB3 due to priority date was not current.
4. Employer B filled EB2 Labor, I140 in May 2011 and approved (same job profile job duties, more responsibilities, and higher position). In Aug 2011 filled wife's I-485 based on EB2 approval and priority date portability from EB3 approved case. She got her EAD and AP based on EB2 application with employer B.
5. My EAD and AP based on EB3 filing with employer A still working for employer A and my spouse(dependent) EAD and AP is based on employer B EB2 filling, Our EAD and AP are valid till April 2013. However I never work for employer B.
6. In Aug 2012 both of us went to India and came back using AP. I have continue working for employer A after coming back to US (not sure if it considered to use of EAD or still consider as H1b)
7. Employer B may revoke I-140 EB2 filling, if I don’t join to employer B.

My questions..
1. If employer B revokes I140, what would be the impact on EB2 GC process or overall GC processing?
2. If I decide not to work for employer B, employer B may revoke I140….Considering fact faster progress of EB2 priority dates and spouse EAD and AP approval based on EB2 application, Is there any downstream impact on overall GC process? Is there any USCIS rule to work for GC filling employer for certain period before you can switch job.
3. What is the best approach considering the situation?

Appreciate your guidance..

Vilay
 
H1B Transfer - Never worked on H1

Hello Rajiv -

Thank you so much for your time.

I am currently in India and I have an approved H1 B petition (through a consulting company A) which was approved in May 2012 with a start date of Oct 2012. I do not have H1B stamped yet.
Since the project with the consulting company got closed i could not travel to USA on H1B VISA till now. However I cleared interview with a new company B in USA and they are ready to file for my new H1B petition.

Question-

1) Will this new petition be cap-exempt? Can they file for the new petition now itself or do I have to wait till April 2013. I have never traveled to USA on H1B before.
There are lots of forums on this topic but nowhere it is very clear. Some forums say it would be cap exempted and some forums say since I have never worked on H1B before, it will not.

I came across one of the laws which seems to concur to this fact-

Section 214(g)(7) of the Immigration and Nationality Act (INA) provides, in pertinent part, as follows:

Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed.

Please advice.
 
Change Current Employer after i-140 approved in EB2

Hi,
Question on Changing Employer after I-140 approved.

I have completed I-140 with my current employer under Eb2. Now I am planning to change the employer.
1) Shall I change my current employer? if I change can I use my PD (2nd May 2011) with new employer Green Card process ?
2) if my current employer revokes my H1 and I-140? will it problem for me in green Card process?

I have copy of my approved I-140 and PERM from my Lawyer.
Do I need to go with same Lawyer?

Please suggest me.
 
EAD (L2) to H1B status change

My current status information:

I am on EAD through my spouse employer which is valid till feb,2013. My current employer(Company-A) applied a H1B in this year Quota with a client letter from (company-B). We got a RFE on that Visa, my current employer is in the process of responding to it. Now company-B wants to make this position from contract to full time and waiting for H1B approval.

And I have approved I797B dated 2008 (through Company-C), which I haven’t used and i haven't worked in that company as well. What I heard from other attorney is that I can file a new H1B using this 797B approval to be eligible for out of Quota H1B application.

My Questions on this.

1) Let’s say my current employers(company-A) H1B application response is delayed beyond Feb,2013. Can I still work under current job?(because my EAD is expired but my H1B application response is not known).

2) Now Company B wants to hire me(as it was contract to hire position), so it is waiting for H1B approval, sothat it can do H1B transfer. But, Can Company-B apply for NEW H1B without considering that it has given client letter to company-A for H1B processing and result of that H1B is unknown. Since now H1B quota is over, Can company-B apply for New H1B with my old I797B approval notice(dated 2008 provided by company-C) to be eligible out of Quota. So that I have better chances of staying in employment with company-B? (either by H1B transfer after getting H1B approval through company-A or Company-B's new H1B application).

Thanks,
Praveen
 
Question regarding sponsoring a sibling adopted at birth by relatives

Hi,

I have a sister who was legally adopted at birth by relatives. She continues to live in India with her adopted mother while all her birth siblings live in the U.S and are U.S Citizens. She is unmarried and has never been married. We would like to see if there is a way for us to sponsor her for a Green Card in spite of her adoption status. If this is at all possible, how long do you think it would take for her to get a GC ? Is there any other way we can legally bring her to the U.S. ?

Thanks
 
PERM application-Employment Overlap of one week

Hello Rajiv
I did my L1b to H1b transfer in 2011 Jan.
I got H1B approved with I-94 from 1/13/2011 to 09/12/2013 for company B. This approval I got in January.

This is regarding Employment verification letters for green card Perm Process and then I 140.

1.I have overlap in two job exp for one week.
2.I was on bench on both jobs at that one week of time.
3.I left company A on 5th Jan which is mentioned in my resignation email but not on EVL.
4.But company record has 15th Jan mentioned on Employment verification letters(EVL).
5.I started for company B on 11th Jan assuming that company A employment is over on 5th Jan.

***So if you see there is overlap in employment between company A and B from 11th and 15th jan.
***Company A is not willing to change the employment end date now.


I want to know what can be done in this? Overlap in dates can cause confusion.Can I give some explanation like project end date from company A because after 5th I was not working for company A on any project.

Thanks,
Bala
 
Start a company on dependent EAD

Hi,

My current company has filed I-485 for me and for my wife under EB2 category and we both got the EAD and AP, the PD is Oct 2009.

Question 1 - Can my wife start a company? if yes, can I work for her company(port using AC21) and do consulting (work for 3rd party companies) ?

Question 2 - My current title is System Analyst, if I get a key manager position in the same field with another company, can I port from EB2 to EB1 ? if yes, can this be started as soon I join the other company? what would be the challenges?


Thanks,
Mikki.
 
PIMS question

Dear Mr. Rajiv,

My H1-B extension got approved in last week of Sep 2012. If I need to go for stamping , I heard that there is something called PIMS. What is PIMS

I heard its advisable to make sure PIMS is updated before appearing for VISA stamping. How can we confirm that PIMS is updated.
Is it done on some portal or thru some email etc., If email then whom should I email and how long do they take to respond


Appreciate your response and help Sir

Thanks,
SG
 
Duration left for H1B

Hello Mr Rajiv -

How are you. I just need one small advice from you about my H1 B duration eligibility. Below are the dates of my stay in US. Just wanted to check with you if I am eligible for a 6 yrs H1B.

Initial Entry to US - 10 May 2010 - 7 Sept 2012 - L1B VISA.

Went back to India on 7th Sept 2012.

Reentry to US - 2nd Oct 2012 - till date - H4 VISA.

Please can you advice me if I apply for a fresh H1B in April 2013, will I be eligible for a 6 yrs period since 7th Sept 2012 - 1st Oct 2013 I will not be working.
 
Stamping in Canada

Hello Rajiv -

I am an Indian citizen with no education in USA or Canada. Currently I am living and working in Canada for past 5-6 months. I have a Canada work permit.

I got my H1B approved this year and I need to travel to USA to join the project. Please can you advice me if I can attend H1B stamping from Canada or do I have to get it from my home country. This is my first H1B stamping.

Regards.
 
Green card sponsorship

Hello,

I am an Indian citizen current residing/working in Canada. I am an immigrant of Canada and hope to get my Canadian citizenhsip in another year (application is in process). I have previously studied and worked in USA and moved to Canada in 2008. My sister is a US citizen and would like to sponsor my green card. At this point I don't have a family that will need to be sponsored. I have a few questions regarding this situation.

1) I currently hold a B2 (visitor visa) which is valid till 2019. If my green card is filed would I still be able to travel/visit the US like I currently do?
2) Should I wait till I get my Canadian citizenship/passport before applying for green card?
3) For siblings the green card process take 10+ years so in the meantime if I decided to work in the US can I still apply for TN visa or H1 B visa? If it's H1B then would I run into the 65K cap issue?
4) If my sister files for my green card now and in the future if I have a family then can they be added to the application at a later time.

Any input/advice you have would be greatly appreciated.

Thanks.
 
Validity of Previously used H1B

Hi Rajiv,

I was working in US on H1B visa from May 2008 to April 2010. Then, went back to India, stayed there for two years and came back to US in May 2012 on H4 visa. I am planning to go to work again.

1. Can my new sponsor file for H1B with cap exempt by considering my previously approved H1B which I used from May 2008 to Apr 2010?

2. My 6 years clock would have been reset, since I stayed in India for two years?

3. Do I need to wait until April 2013 to file a fresh H1B with 65K quota?

Thanks in advance for your help on this.

-- Jeeva
 
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Right Time to apply for green card

Hi Rajiv,

I m a software engineer with 4 years of exeprience after my bachelors in engineering.

I was working with employer A for which I had come to US in Jan 2012. Recently I got my H1 transferred to consultancy B who is ready to process my green card.

My H1 B petition after the transfer is valid till 2015

I m certified in Java and Java web components.

I m currently working as a TIBCO consultant and planning to do certification in Oracle , Tibco to build up my profile and market value.

Questions:
1)I wanted to know the green card prospects for me
2)Is this the right time to process my green card or wait for another year as I have heard that BE qualified people require 5 years of relevant experience and complete the certification
by then to make my case stronger.
3)I m keen to apply for EB2 as the prospects are better and processing is faster


Kindly please if you could guide me

Thank you.

Really appreciate this community.
 
working with old employer after more than 1 year

Hi Rajiv,
Appreciate the work you are doing for the community.

Here is my scenario

In feb 2011 3 employers A,B,C filled for my H1B and all three got approved. Looking at the options available i had to move with B. Non of them have revoked the H1B.

Employer B filled for GC EB2 and i-140 in process for 86days. Now employer B terminated me. My question is

1) Can i start working with employer A? I-797 and i-94 is valid till 2014. I have never worked with employer A before. If no then what does employer A need to do so that i can start working for him ASAP.

2) If by GOD grace by i-140 gets approved. My new employer A agrees to file GC after 6months of employment. Can i use the same priority date.


Thanks in advance for the help
feverityxyz
 
EB3 / EB2 Priority Date advantage

Hello Rajiv Khanna

1.I am Working as Mechanical Engineer on EAD,
My I-485 is pending since 2007 june, EB3 PD april 14 2003,
and waiting for GC
2.My wife working as a Sr Java Developer (I-485 is deriviative from me) and waiting for GC.


3.On the other hand,My wife EB2 I-140(PD:may2006) is approved from company A in 2007 june
(During June/July 2007 due to some reason we used my PD/and EB3 category for both of our I485 even though we both became current that time.)
4.Now she is working on EAD for Company B

Questions:
5.This point of time is there any way we can use/take advantage of my wife approved I-140 EB2 PD to get both of our green card quicker?
6.Is there any way we can link my wife I-140 to my pending and backlogged I485(EB3)?

Thanks for your help inadvance,

RK
 
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