Recording available for Oct 11 Conference Call

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monica1

monica1

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Recording available.

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: Oct 25, 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.
 
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Need help

Hi every one I hope I can find some answers for my concerns (SITUATION) about my N 400 I applied on Feb 14 2012 got finger printed fours weeks later, amonth later I received the letter indicating that I am in line for interview but since that I did not get anything from the USCIS, I contacted them more than 5 times and I made three info passes and no one gave me the answers, nothing came out from all these attempts they take my information promise to contact me but no one did, my question why it is taking too long longer than people who applied in the sametime as me? what do you advise me to do it has been more than 7.5 months since my application was processed. you have no idea how much this issue is taking a toll on my entire life. Last week i sent few letters to some of the elected official, and i filed with the USCIS ombudsman now I am thinking if I made the right move and what if they retaliat for sending these letters and delay my application even longer.
 
H1B transfer from India

Situation: I am in India and have a F-2 visa stamping on my passport valid upto Feb 2015 with a valid I-20 also in hand. I have also obtained I-797 H1-B approved for the current company I am working for. But my company has no definite plan for my US assignment now. Furthermore, the approval letter is withheld by the company.

Questions:

1. Is it possible that I can travel to US on the existing F-2 visa, on say Oct 31, 2012? During travel, am I required to carry or mention about the I-797 approval? I only need I-20 and F-2 visa stamping. Correct? Will this travel cancel my I-797 H1b Petition?

2. Suppose, after one month of my travel while I am in US, my company identifies a position in US at some other location and client than the one specified during I-797 approval, could I start working directly without being required to travel outside the country? If yes, wouldn't filing for change of status(COS) needed? How would change in status be applied?

3. I have the petition number (without a copy of actual petition). If I change my employer while I am in India, and the new employer plans to file for Business Visa or L1 visa, wouldn't the new employer need copy of this approved I-797? (I have all other H1Bs from before, but since I am leaving the current company, they have undisclosed policy of screwing my life by not giving the I-797 approval)

4. Suppose I get the I-797 approval and stamping done for the existing client used in I-797 approval. If I leave the current company without traveling to US at all on their H1-B, will I be able to get it transferred to other US employer? Since I would not be having any paystubs from the existing company for that US client/position for which the I-797 was approved and stamped, will paystubs be an issue in the H1B transfer to the new employer? Will I be required to get my visa stamped again for the new employer or will the new I-797 (post amendment to the H1B) is good enough for travel?

5. If I leave my current company, can my approval be cancelled/withdrawn by the existing company? Will there be problem in transferring to a new employer? I am assuming that the H1B is valid for three years i.e I don't need to apply for fresh H1B looking to come under cap. Will there be difficulties in transferring the H1B to other company once I have left the company which filed for my H1B and I left without utilizing the H1B at all and within say 1 month of approval date?
 
Green Card

My GC was initiated by my penultimate employer A in 2011. I140 cleared. (priority date in 2010)
Later I joined company B which started filing my GC. The application went till filing of labor after which I left the firm. Company B then revoked the labor application. Now I am with Company C. If Company C applies my GC, will there be any trouble?

If in the meantime, Company A goes down, will my GC application with Company C be in trouble? Will I be able to port my priority date?
 
Hi,

My husband is planning to travel to India for 2 months & will be returning back on AP. He is in between jobs since last 4 months & he is receiving unemployment benefits. At POE, do they ask for employment letter & recent pay stubs? Is it safe to travel in such situation?

Also, he's received an approved AP but there's no information on Finger Printing requirements. Does he have to schedule an apointment for finger printing?


Thanks!
 
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Dear Mr. Khanna,

I am currently enrolled in an English Program and all my expenses are covered by my government. As you can guess, I had to get J-1 visa which is subject to 212(E) Two-year rule, since my government pay my expenses. My scholarship program ends in the end of February, 2013. Beyond 30-day grace period, I want to extend my stay for 4 months, until July, 2013.

Rather than extending my school enrollment, I want to stay as a tourist and travel around. I already have a valid B-2 visa which was issued 1 year ago.

My question is, am I eligible to extend my stay, without going back to home country by switching to my already issued B-2 visa?

Thank you in advance.

Best Regards,

Ahmet Faruk
 
VISA Stamping question- 2 valid 797 forms with same employer

Dear Rajiv Sir..

Appreciate your help on the below as I urgent need to decide about VISA stamping date etc.

Scenario:- I am working on H1-B. Currently I have two approved I-797 forms with the same company. One is expiring in Dec 2012. The more latest one which just got approved is valid from Jan 2013 to Dec 2015. My current H1-B Visa stamp in the passport with the same employer stands expired and was only valid till Aug 2011 i.e. last year.

•If I go for VISA stamping to a consulate next month i.e. Nov 2012, would they give me VISA until 2015 or Dec 2012? ( based on 2 797 forms) ( Provided the VISA is approved )
•What 797 number ( Receipt Number starting with EAC --- ) should be provided in the DS-160 form which is filled up while applying for VISA interview.
•I wish to have VISA stamping done until 2015, so that I can avoid another consulate visit until 2015. What should be done ?
•I ideally wanted to travel back to US by Ist week of Dec 2012 to resume my work at office. But getting Visa stamp until 2015 is sort of more important. Please suggest and advise
•I have seen H1-B VISA stamp on the passport also has the EAC- number inscribed on the lower left hand corner. What EAC number would they put in my case, if approved( newer 797 or older one which is expiring in Dec end 2012)

( I cannot avoid travel in Nov 2012 de to some personal reasons. Hence the above questions please )

Please advise. Really appreciate as deeply concerned about the whole matter.


Thanks and Regards
SG
 
Dependent GC not approved yet

Hi Rajiv ji,

My (Primary applicant) GC has been approved in May 2012 with June 2007 PD, however my wife's GC is not approved yet, does USCIS process dependent GC based on the PD or would they approve independent of PD as Primary application (I-485) has already been approved?

My other question is if i (Primary applicant) change the job after 6 months with GC company, will there be any impact on non-approved depended GC? DO i need to be with the sponsoring employer until dependent's I-485 is approved


Thanks.
 
H1b rfe

Dear Rajiv Sir,
I have masters degree from USA With Chemistry as my Major. I work as a software consultant for a Pharmaceutical Company through my employer.

I have applied for H1B and have received a RFE on educational evaluation.We got the educational evaluation completed by evaluation agency and we have answered to the RFE by updating to premium processing.

Last week, we have received second RFE requesting for detailed educational evaluation.

I am not sure why they have asked for second education evaluation. Could you please recommend any educational evaluation agencies which are recognized by USCIS Or Could you please advice on what needs to be done in my current situation.

The RFE Says,

"Please submit an evaluation from an official who has the authority to grant college level credit for training or experience in the specialty in the accredited university which has program for granting such credit on individuals training or work experience.The official must include a letter from the dean of the official affiliated educational institution stating that evaluating official has authority to grant college level credits for work experience or training."

Regards

Rakesh
 
Travel to USA while green card is in process

Hello,

My sister who is a US citizen is sponsoring green card for immediate family (parents and siblings). The family lives in Canada and are Canadian citizens. We do visit USA a few times during the year. My question is that while the greencard is in process can we still travel to the US? Considering that the wait time for siblings is quite long would we not be able to travel to US till the green card is granted?

Please advise.

Thanks.
 
Applying for parents GC

Hi Rajiv:

I would greatly appreciate if you can answer the following questions on the call. I am a US citizen and my parents have visited me often on Tourist Visa. I now want to apply for their Green Card.

1- I am wondering if I should have them file it from India in Consular Processing or file it on their next visit to the US as Concurrent Processing?

a) which of the two is 'faster'? 'Safer'?
b) If we go Concurrent, how many months after their arrival in the US would you advise us to wait before filing their I-130 & I-485?

2- Can I change my job after I have filed their I-130 or I-485 without affecting their application?
a) What if I were to resign from my job and not take up another job? Do I have to show sufficient savings in that case?

3- My father and my mother were born in India in the 1940s and we do not have their birth certificates. My dad however, has a 'Non-Availability Certificate' from the registrar of birth & death, but my mom doesnt. We have other secondary proofs - like passport, Government service records, marriage certificate and affidavits from relatives. These affidavits are dated early 2012.
a) Does that show an 'intent to immigrate' and thus jeopardize Concurrent processing? Would you recommend getting new affidavits made at a later date (after filing I-130)?

4- What other secondary proof for birth would you recommend in absence of birth certificates?

thank you so much for your help.
Satnam
 
Work Authorization after the end of OPT extension & before H-1 approval.

Dear Sir,

First of all thank you very much for hosting this conference call.


I have done my Masters & I am on my OPT STEM extension right now. Right now I am working as a consultant & 29 months of my

STEM extension will complete on coming March 7th 2013.


First Question: I have heard that within 2 months of my OPT expiration date, my employer can file for an H1-VISA. Is this correct?

Second Question: Since my OPT is expiring before April 1st, will this make me ineligible to take the advantage of CAP-GAP?

Third Question: Will I be able to work within this period of March 7th 2013 & till I get my H-1 approved ? If not, then can I work by getting a CPT ? Since H-1 is effective from OCT 1st, will I need to keep my student status (CPT) alive till OCT 1st 2013 ? Fyi, I will be requesting my employer for premium processing of my H-1 VISA & my F-1 Visa is expiring in July 2013.

Thanks,
 
how soon can I apply for EAD renewal

Hi Rajiv,

my Eb2-I 485 is pending and my EAD/AP is expiring on FEB 10 2013.
How soon or when is the earliest I can apply for EAD/AP renewal?

also My PD is 04/10/08 and so when do you you approximately think my dates would be current considering the current retrogression?

Please let me know

Thanks for this excellent service!!
 
Hi Rajiv,

I am in 9th year of H1, EB3- I485 Pending. I am moving to a new job,my new employer is planning to file eb2 for me. Is AC-21 required or H1 transfer will do?
If AC-21 is required, will it conflict with my EB2 GC Filing?

Thank You
 
currently in the U.S. with B2 applying for F1

Good afternoon Rajiv,

I am came here in the US w B2 visa(multiple entry of 10 yrs) last April 19.My I-94 will expire Oct 18. I have applied for F1 visa last Aug 31 awaiting approval.

1. If I get my results after Oct 18 and my F1 denied, am I considered "Out of status"?
I understand I will have to leave U.S within 30 days,which I intend to do.

2. Will my B2 visa still be valid? Can I go back to the U.S.using my old tourist visa next year?

Thank you so much for helping so many people like me!!
 
Adoption process for my Nephew

Dear Mr.Rajiv
Background:
My Nephew came to United States on B2 Visa in mid september and I adopted him. His adoption was finalized in middle of Nov 2010 (before his 16th birthday) and now he has completed 2 years of legal and physical custody with me. Currently he has graduated and holds a diploma from a California high school and is studying at a Community college in my area.

My Concerns were:
1. Is he eligible to apply directly for citizenship or does he have to apply for a green card first?
2. What would be the easiest route for him to achieve a green card?
3. If he were to receive a green card before his 18 birthday would he be eligible to apply for citizenship without the 5 year waiting period?
4. I had read online about co-currently filing his green card and change of status application in which case, would he have a legal status faster?
5. Is there any chances for his case to be denied?
6. As an attorney, would you take this case and if so what would be your fees?
 
General questions

Hi Rajiv

1)Do you take up a Green card case from i140 stage onwards?
I have my PERM approval and we went through another lawyer for this .Later my company moved to your firm for new GC applications. However i dont like the fact that the attorney is never responding properly and i am having to follow up multiple times and cant seem to get an appointment to talk to them . Would you take up cases from i140 stage onwards ? I will be happy to contact you in email about fees etc.

2) My PERM has Masters degree as primary requirement and alternate as BS + 5 and the Kellogg language (9089- H14 ) is also included .My PerM has been certified.I have a BS + 7 years of prog exp . I should qualify to apply as EB2 right ? I think i do but just wanted to confirm.

3)Does the applicant (Me) need to sign on the certified 9089 when we file i140 ?


Thanks
 
Messed up I140/I485 applications. Need advice.

Dear Rajiv,

My attorney filed my I140 and I485 applications in Aug-Sep 2007 (after USCIS stopped the policy of substituting labor petitions). She filed my I140 using a substitute labor (of some other employee with priority date Oct 2003) under EB3 instead of using my labor petition (with a priority date of June 2006) which should have been filed under EB2. I have been running around USCIS offices and their National customer service help desk (because my attorney hasn't been responding to phone/emails for the past 7 months) to get my I140/I485 changed to EB2 but they state that my I140 has been filed under EB3 and cannot be changed without supporting documentation that I have a I140 under EB2. I recently got married and sent an EAD application for my wife and it has been approved (my EAD was approved in 2007). But according to the current bulletin, my priority date (Oct 2003 under EB3) isn't current but my wifes EAD has been approved. So I am clueless if there is another I140 filed under my application. My (previous) employer who filed my applications mentioned that there is no other I140 in my file with them under EB2.

In my several calls to USCIS National Customer Service one agent hinted that I could have multiple I140's but they wouldn't confirm. They want me to produce evidence for my EB2 I140. One agent at one point also mentioned that my application has been changed from EB3 to Eb2 but I recently received an email saying that it is still under Eb3. Also, my Alien Reg number on EAD and Alien Reg number on my I140 are different. I am not sure how does that happen.

If you could suggest the best way out, that would be most appreciated. Is there any way that I could find out from USCIS how many I140's are under my application and what are the priority dates. If they say there is only one, can I ask my previous employer to file another labor petition and file my I140 again under EB2.

Please guide me on this.

Thanks,
PY
 
Dear Rajiv

This Question is regarding H1B Visa Stamping.

1. I heard that there is a change to the Visa Stamping Process, Can you please elaborate on that ?. Also it will help us if you can organize a special conference call for the new stamping process (if there is one).
2. Is it required to go to your mother country for H1 Visa stamping? I have plans to go to Germany on business purpose ? Can I get it stamped there ? My company is very well reputed and I am a direct employee.
3. What are all the issues a direct employee (full time and not consulting) will face during Visa interview ? I heard that a direct employee will not have much issues with stamping, is that true ?

Thanks
 
Dear Rajiv

This question is on behalf of a friend of mine.
How does the priority dates for GC advance ? It seems like it is advancing month by month for EB3.
Will the situation improve i.e. in terms of wait time.
 
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