Recording available for Oct 22 Conference Call

Status
Not open for further replies.
monica1

monica1

Administrator
Staff member
Recording for Oct 22 Call is available for download 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: Oct 22, 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.
 
Last edited by a moderator:
Traveling abroad after getting a green card

Hello i would like to know how long does it take before i can travel abroad after getting my green card....will i be able to travel right away...?
 
L2 EAD to H1B time limit

Hi

I entered US with L2 in Sep 2004. Obtained EAD on L2 in March 2005 and started working. In 2007 Employer applied for H1B and my status changed from L2 to H1B visa. Now, my question is would the L2 time period be counted for my H1B time limit of 6 yrs.

I have read that L2 and H4 does not count for L1 or H1 visas. But I am not sure if the same rule applies for cross visas (L2 to H1) and also even if L2 holders works.

Your response would be of great help as I have very limited time frame in this situation.

Thnks,
SM
 
I-485 (I-140 is approved) transfer to Administrative Appeals Office (AAO)

Namaste Rajiv,

I posted my question # 15 for last conference call (08/10/09) and after listing the conference recording looks like few things was not clear so I write down case summary again.

Please review updated case summary

Employer #1 I-140 EB-3 approved on 04/2006 for (priority date 10/2003)
04/2006 Employer #1 terminated my employment

Employer #2 on H1B 04/2006 to 10/2006

Employer #3 on H1B 11/2006 to 07/2009 (H1B visa exp on 09/30/2009)

07/02/2007 Filed I-485 and EAD (I-765) based on Employer # 1 EB-3 India


Employer #3 Filed I-140 EB-2 03/2008, I-140 Denied on 10/2008, I-140 transfer AAO on 02/2009

Employer #4 on AOS/EAD only

On Sept 29, 2009 I received a transfer notice that my I-485 (EB-3) file was transfer from Nebraska Service center to USCIS/ Admin Appeals Office, Washington DC to speed up processing.

Q-1: I took InfoPass and Local office didn’t find any details about my I-485 (EB-3) transfer in system and it's not denied so he send the file transfer request to AAO. My I-485 (EB-3) file is sent to AAO for processing when I-140 is already approved? If this is an error by NSC then how do I get this corrected?

Q-2: I ported to Employer #4 using my EAD card only, will I have a problem with the I-485 because I left employer #1 after I-140 approval and before I filed I-485?

Q-3: Last conference you suggest to go back to H1B visa but my H1B visa expired on 09/30/2009. To play it safe, can Employer #4 still obtain H1B for me since I have maintained AOS/EAD status?

Q-4: Right now I don’t have Advance Parole and I am planning to go out of country. Is it ok to apply Advance Parole in this time and with which Service center?

Once Again, thank you for your help and your community service.
 
Last edited by a moderator:
L1 B to L1 A

Hello Sir,

Thanks for providing this kind of services.

I am in US on a "L1 B" (Individual Petition) for the past one year.

I got promoted to manager (title) but without any change in salary due to current market situation. I would like to know how to convert the L1B to L1A so that my GC can be processed quicker.

1. can they convert to/file for L1A when they file for the L1B extension or do they need to apply for L1 A seperately?

2. Is there any time period limitation to apply for L1A from L1B?

3. Is there any prevailing wage specification for L1A?

4. I don't manage anybody over here (my company is very small size one), I manage a team over in INDIA, will that come under multinational managers. I manage a specific function in my company. I have Bachelors + 15yrs of experiece. Am I eligible for L1A?

5. If L1 A got rejected, will it automatically cancel my L1B?

Thanks and regards
Sathish
 
Visa to apply under - L2 or F1?

I am thinking of pursuing a doctoral program (5 years) in the US, and my wife is moving to the US under a L1 Visa (she is working with a big reputed MNC with HQ in the US) before I get a confirmation of admittance in any US school.
I am thinking of moving to the US along with her before I get the confirmation, under an L2 Visa. I want to know:
1. Should I disclose at the L2 Visa interview that I am thinking of a 5 year doctoral program? (There is a possibility that I might end up working instead of pursuing the doctorate)
2. if this will pose problems later on because the L1 will expire in three years and hence both L1 and L2 will have to be renewed before that time period. Will the renewal pose a problem, because the Visa officer might ask why I had not applied earlier under an F1.
3. Should I instead apply under an F1 separately to avoid all these problems?
4. Would I require any additional documentation (such as an I-20) to enable me to receive the stipend that the college would give to support me?
Please note that my wife's GC processing will start almost immediately, most probably under EAD-2. I would also like to know:
5. How long(approximately) it would take for my wife to get the GC?
6. What impact it will have, if any, on my status and on the continuation of my studies?

Thanks a lot for your advice.
 
Last edited by a moderator:
H1 transfer in 6th year - Labor file - 7th year extention

Hi Rajeev,
Thank you so much for your service to the community.
My H1 has valid until end of 2011. I'm currently employed with A, they have filed my labor. I have an other full time job opportunity with company B, but they would not process my green card. Thus I would like to ask you 2 questions
1. can I have my labor filed through as a future employee with
company c now, join company B, and in 6th year of my H1 , join company C by transferring H1 and apply
for 7th year extension?
2. If my current employer agrees(Company A), I would like to join back in 6th year and apply for 7th year extension as
they have already filed my labor? First of all, If i leave them, will that labor file going to be vaild? If so Can I speak with
my current employer to continue my GC process even though I switch over to company B?

Your answers would be really helpful.

Thank you
Kiran
 
Last edited by a moderator:
H1 to H4 to H1

Hi Rajiv,

I had moved to H1 from H4 in end of 2008. Since my current job assignment put on hold , my employer had persuaded me to move on H4. Accordingly sent application for change of status this week.
My husband has plans to change his job in few weeks. I'm little confused now.
- We have sent documents of my husband's current job H1 petition and paystubs, If he switch over to another job by transferring his H1, what would be the procedure to get H4 on new employer?
- While I 'm on H4, can i try applying for positions, the soon, i get the job opportunity, can i switch back to H1? Trust I do not need to apply fresh H1?
Thank you so much for helping me answering my question.

Regards

Snigdha
 
Hi,

I have a question about H4 visa for my fiancee and Stepson.

She got the divorce in Lok Athalath. It is a divorce by mutual consent. Documents says that child stays with mom and He (ex-husband) has the visitation permission.

To get the H4 visa, Is that good enough? Or do we need any more documents.

Do we need to get any letter from Him before going for Stamping?

Rightnow He married another women and they have a Child.

Thanks in advance for your guidance.


Thanks
 
Change of Status from H1 to F1--

I am on H1b visa 7th year and have filed for 8th year extension, and my application is still pending after an RFE. So i have decided to take an alternative course regarding my situation. I have decided to enroll in School and go for F1 visa, and get a CPT (Curriculum Practical Training) and start working again at a later stage. I am planning to start in the Spring semester ( Jan 20th, 2010) I had a few questions regarding this situation --

My questions are :

1) When I apply for change of status from h1 to F1, can I continue to work while my application is pending?? What is the general timeframe for Change of Status H1 to F1 (few weeks or few months) ??

2) I know this, but trying to make sure, Do i need to stop working as soon as I recieve approval of the F1 visa??

3) My Lawyer advised me to file for a B2 Visa in the mean time, in order to prevent the H1 from getting rejected ( she says, if the H1 gets rejected, I will have to go outside the country to go stamping) . Is applying for a B2 Visa, while I am waiting for an I-20 from the school, a good idea??

4) What is the timeframe for Change of Status from H1 to B2 ?? Is it a couple of weeks or a couple of months, just curious, in order to plan things accordingly.

5) Are there any schools , which provide the CPT (Curriculum Practical Training) immediate after enrollment. I know of one school ITU (California)
Are there any other schools like that??

Thanks in advance for providing the answer to these questions.
 
URGENT : Please Advice

Hi Rajiv,

Here is my wife's situation, My wife's middle name has 4 names/parts to it So her full name looks like (Fname, Midp1 Midp2 Midp3 Midp4, Lname) , when we applied for her h-4 visa to come to the US and join me (I had H1-B at this time), the visa application had her full name (Her passport also has this full long name).

During the process of my GC (I-485), My company's attorny who was handling our case, let her sign some document which says that from now on (Fname, Midp1 Midp2 Midp3 Midp4, Lname) will be represented as this short name (Fname, Midp1, Lname) and from then and all of her forms filed with USCIS AP, EAD, and GC, SSN, Tax forms all have this short name (Fname, Midp1, Lname).

Now we sent her N-400 form and we put her name as (Fname, Midp1, Lname) and we did not put the full long name (Fname, Midp1 Midp2 Midp3 Midp4, Lname) in the OTHER NAMES section of the N-400 thinking that as she already signed that doc during GC process, we do not need to mention it, but we just get to know that we should of added this full long name for FBI name check , as her H-4 Visa & Her home Country Passport
has this full long name .

Her N-400 Interview will be on 11/10/09 and we do not know how to tell the IO about this mistake and that we did it not intentionally, and what might be the complication of not having this full long name in the N-400 application when we send it

Please advice
 
Family-based Immigration

Thanks for having a forum like this where questions can be asked. I am a U.S citizen and would like to file for both my parents and my sister. My dad has opted not to start the filing process until he comes to the U.S later in the future. My parents had some altercation with immigration when I was young, due to their status as students with expired documents in the 80's. It seems resolved now because both were granted a one time only visa within the last year.
My questions are;
1. Can I go ahead and file for my mum now or wait till she go apply for another visiting visa (Immigration promised that they won't have any more problems but that might not be until the next two years) before I start the process?

2. Is it best to wait till my mum has her papers before she files for my sister because I was told filing for my Nigerian sister will take about 7 yrs? What other ways can I help my sister since she is 22yrs old? For a student visa, what do I do?

Thanks in advance.
 
Last edited by a moderator:
Dear Rajiv:

Thank you offering this service to us. I am comforted that someone listens and has an experienced and much more informed response than calling USCIS.

I had submitted N400 in April, 2008 upon maturing the 5 year term on a permanent resident status. I waited for around a month to get an appointment for the finger prints. Done! Then I wait for around another 6 months to get an interview letter, sounds too good to be true. Just 3 days prior to the interview I get an interview de-scheduled letter in the mail and It has been a years since I have heard from USCIS again. So all together it has been over 18 months since my receipt date without any resolution.

I spoke with a FBI agent many times and he said my record is clean. It’s the USCIS paperwork handling that is causing delays.
I have gone through the routine of sending letters to congressman’s office but no avail.

What should I do? I have got I-130 pending as my wife and 2 kids are stuck overseas.

About 2 months ago I received 2 notices for both of my pending cases (n400 and i130) that my case has been transferred to the local office for 'standard interview'. Should I be hopeful and just wait? infopass? or hire an attorney ? can an attorney help ? can sueing USCIS help ?
 
Last edited by a moderator:
Will L1 stamping cancel or effect pre-existing L2 (i.e. stamped)

Hi,

I had a situation with L2 and L1 visa for my husband, was looking for some advice.

To give some background, my husband has L2 visa stamped and is currently in India (I am in US on L1). His employer is offering to process his L1 visa. I have a couple of questions regarding this-

1. When he goes for his L1 stamping, will his current L2 visa be cancelled or effected in any manner?
2. In case L2 is cancelled during L1 stamping, is there a way he can apply for L2 again in case he doesn't travel on L1 (i.e. while he is in India)? If so, please let me know if there are any rules regarding that.

Your response would of great help. Thanks in advance.
 
Calling real parents to US when both adoptive parents died

Hi,

I have been adopted by my uncle. Both my adoptive parents have died and i am wondering if there is anyway i can bring my real parents to US.
I am a US citizen.
All my documents are with my adoptive parents name.
I do have the adoption deed that was done in India.

Any help will be greatly appreciated. Thanks.
 
Hello:

My H1 got approved october 16th of this yr. I am an F1 to H1 change of status. If i want to go for stamping Can i go to a country like bahamas or do i have to go to india compulsorily?

My other question is, do i have to immediately change my payrole from my old company to the h1 sponsoring company or can i change it from November 1st as it got approved mid of october (october 16th)???
 
Hi Rajiv,

I have couple of questions regarding Visa Stamping & Green Card process.

A little summary about Me & My wife before the actual questions:
Me:I am in my 6th year of H1 and it's expiring in Feb 2010. I am currently in the project and it's good until 2010. My labor was filed in May 2009 and is still pending at this time.

My Wife: She entered the country through H4 visa. Later she changed to H1 and since she couldn't find a job, she changed back to H4 again.

Coming to the questions:

1) I have to travel to INDIA for a family emergency in couple of days, my visa stamping on the passport is old (2008), hence i have to go for Visa Stamping when i visit INDIA. Will it be a problem if i go for stamping in INDIA now, meaning can they reject my visa based on the criteria that my H1 is expiring in 4 months (Nov - Feb)? Can they reject my wife's visa since we don't have any pay stubs for the period she was on H1?

(Note: On the documents side, i have everything from the Consultant & Client that the Embassy/consulate might require)

2) As my H1 is expiring in Feb 2010, can i file for 7th year extension even though my labor was not filed (May 2009) exactly one year back before my H1expired (Feb 2010). I took couple of vacations before in the last 5 years, can i recapture that time to fill the 1 year gap till May 2010? Would that give a window for the 7th year extension?

Apprecaite if you can reply this concerns in tomorrow's call as i am leaving next monday.It would benifit a lot for my Visa interview.

Thanks in advance

Regards
Kanna
 
Citizenship question

Hi Rajiv, thanks for answering my question.

I became a permanent resident in 2001 through a employer (I-40/I-485), adjustment of status was done in US. I was a Canadian (immigrant) visitor when I acquired US green card. Later I acquired Canadian citizenship in late 2001. When I filed for green card I had Indian citizenship but now I have Canadian citizenship. No problem with the residency requirements for last five years. My question is, did I violate any provision by acquiring another country (Canadian) citizenship after getting the US green card? Will it create any problem with my citizenship application (N-400)?
 
How consular processing works

Hello ,

I opted consular processing for my EB2 I-140 with priority date sep 2007.
I have few questions on CP.

1. Is priority date needs to be current to send a Packet 3 by NVC to my attorney? If not when would NVC send a packet 3 ?

2. After we sent Packet 3 to NVC, when do NVC send my documents to a US consulate in my home country ?

3. what will be happen let's say the priority date is current for the next month in this month visa bulleten and NVC scheduled an interview in next to next month , but suddenly the priorty date was retrogressed in the next month visa bulleten for the month interview was scheduled

Thanks in advance ,
 
Last edited by a moderator:
B2 extension denied for Mom

Hi Rajeev,
Thank you so much for your time and service to the community.

Date on deniel letter: 15th Oct 2009
Date I-94 expired: 3rd Oct 2009
Date extension applied: 17th Aug 2009
Date arrived into USA: 4th April 2009
Extension applied for until November end only.

The letter says that after I-94 expiry date we are out of status - does not mention any grace period to leave USA.
Appreciate if you can answer any of my questions as your time permits:
- How long do she has to leave the country without incuring issues?
- I have a ticket confirmed for her for 23rd Nov 2009 -- would that be OK?
- Will she have issues re-entering USA (after 6+months)?
- Is it better to apply for her GreenCard through Consular Processing to avoid any more issues? (I am US Citizen).
- She has 10 year B2, so we are not planning to do GC, if reentering is not going to be an issue.

Greatly appreciate your help.

--
Thanks
 
Status
Not open for further replies.
Top