Recording available for Oct 25 Conference Call.

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monica1

monica1

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Recording available for Oct 25 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 8, 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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H4 stock investment rules

Hello Rajiv sir,

I am on a H4 visa and I have an SSN (I was on F1 briefly before).

Can H4 invest in stocks? Are there any restrictions placed on H4 visa holders with regards to buying/selling stocks?

Thanks in advance.
 
Hello Rajiv,
I have EAD and my 485 has been pending with USCIS for more than 180 days. If I get an interesting/challenging work offer in same area from other company, can I shift by using AC21? If so, will there be any problems if my current employer cancels I-140 or if company closes business due to financial problems?
 
H4 - f1

Hello Rajiv Sir -

I am currently on H4 VISA and I got admission into one of the universities for MBA course. The university says they have some co-op program by which I can also get an CPT from first quarter of my education.

1) They say I can get CPT from 1st quarter since I already have a masters degree from India and this is my 2nd masters.

2) I stay 325 miles (6 hrs drive) away from school. I need to attend the school only once per month on a Sat for 2 classes (morning till evening) and one class is online. Does this suffice for maintaining full time F-1 status?

3) I have 6 yrs work experience. If I apply for Change of status from F1-H1 in Apr 2013, can there be any issues for my H1 since I would be working on CPT from first quarter and stayed 325 miles from school.

Thank you for your help!
Regards
Rajesh
 
H1 B Amendment for Consular processing to H1 B

Hi -

I work with an IT company currently on Leave of Absence in USA on H4 VISA.

My current employers wants me to go to Canada for a project starting next month until Aug 2013. In the meanwhile, one of the consultant in USA is going to file for my H1 B with a consular processing.

Since the project is only till Aug 2013, I would want to come back to US on H4 in Aug 2013 but by then my H1 status will not be valid.

Can I file for an amendment for a Change of Status to my approved H1B rather than going back to India for a stamping?
 
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G4 visa

Hello Mr. Khanna,

How can a person on H4 visa get it converted to a G4 if he is being offered a term based contract appointment by an international organization?

Thank you for your help.
 
Eb2 perm

Hello Rajiv,

I would be starting PERM for a job that has Masters degree + 2 years experience as the minimum requirement. The position does not accept alternate combination of education and experience, however, experience in an alternate occupation is accepted. I am currently working for sponsoring employer on H1B. I have education equivalent to US Masters from India (BSc + PGDCA + MCA). I have following questions:

1. The lawyer has selected "NO" on ETA 9089 form for question H.12 ("Are the job opportunity's requirements normal for the occupation"). He says we are requiring more experience than required for your job category, i.e., 15-1132 (Software Developers, Applications). Could it trigger an audit?

2. In H.14, there is a use of Kellog Language, "Any suitable combination of education, training or experience also acceptable". Could it make the job ineligible for EB2?

3. I have 1 year experience after finishing my masters and 11 years before masters. All my experience is with employers other than the current one. Can I use experience acquired before Masters?

Thanks
 
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Visa Numbers for EB3 category.

Hello,
I am from Pakistan and working on H1B. I've been waiting for the visa numbers to become current for EB3 since 2007. My date is Oct 2007. Any idea when we can expect the numbers to become current?
thanks,
Amber
 
Parents GC - In progress and I94 date is fast approaching - what options we have ?

I am a US Citizen , We have applied the I-130 , 485(adjustment of status) and i-131 for GC processing for my parents from India in Aug 2012.
They have given the Finger printing 2 weeks back in Houston . FYI they are 71 , 65 years old

Q1) Can they stay beyond their 6 months(I94 date is Dec 5th 2012 – 6 months from port of entry) travel visit until we get a result from USCIS ?

Q2) Do we have to file an extension for them to continue to stay until we get the result ? (Or) Is 485(in-progress) sufficient for them to continue staying ?(485 has the Houston address)

Q3) In case , you suggest for extension , how soon you recommend to do that ?

Q4) If you suggest them to go back to India within the Dec 5th (as mentioned in I94 date) - please let us know what they have to do while coming back and what would be the complications ?

Q5) In case they continue to stay......What happens if the GC is rejected? How much time will they have before they leave the country?

Q6) If you have any other suggestion , please let us know.


Thank you for the community calls that you have been doing for all these years.


Thankyou
Krishna
 
Primary Naturalized recently - Spouse's I-485(EB3/Oct 2003) still pending

1. Filed my GC in EB3/PD- Oct 2003. Spouse joins in 2004(We are married since 2002).
2. Tried filing I-485 for the spouse as beneficiary but retorgression happens and application is not accepted.
3. Primary (Myself) got GC in 07/2007, when everything was current.
4. Beneficiary (Spouse) I-485 application accepted in 09/2007. Since then I-485 is still pending with same PD EB3/Oct 2003 which is not current yet.
5. Primary or Spouse have never been illegal in the country.
6. I got my naturalization and a US Citizen now (Oct/2012).
7. Question - Can we request USCIS to consider the spouse’s pending I-485 application for a different category - being myself US Citizen, file only I-130 or request a waiver for new I-485 fees?
8. Question - Do we need start fresh with new I-485/I-130 and all the fees, medical etc.?

Thank You.
 
H1B Visa

Dear Rajiv Sir,

i have travelled in L1B showing experience like company "A","B","C" before 4 years. And it got cancelled.
Now in current company I have shown B,C,D company experience.
Removed company "A" to reduce experience and to get a job during recession.
Can I apply for VISA showing only the current experience i.e. B.C,D where company "A" is not there which I have shown last time? please suggest.
 
245(i) based on employment

Hello sir,

In march 2001 I sent my docs for labor certificate to department of labor in NY . 5 years After sept 11 2001 my employer gone from business. I freezed my process. I just couldn't find another employer.

Now I found one. The Company is 5 years in business already, but owner of company has his green card 2 years ago and not a us citizen yet.

My question is - can I reaply for my green card with this company or not.

Thank you
 
I-751 Adjustment of Status

My wife will be applying for her Removal of Conditions (ROC) on her 2-year Green Card via the form I-751 soon.

As part of our packet of evidence, we have
  • 2 Years Checking + Savings Bank Statements
  • 2 Years Tax Returns
  • 2 Years Credit Card Statements
  • Title to Car and Auto Insurance in Both Names

My wife and I live with our parents - we do not have any rental agreement, lease agreement or mortgage to provide.

#1 We do however have Driver's Licenses with the same address on them. Will it help to get an affidavit from parents stating we live with them at the same address? Will it hurt our situation that we do not have good factual evidence of us living together?

#2 My wife and I just put an offer on a house and have a sales contract. Will it help to show that sales contract and proof of earnest money even though the house has not closed yet?

#3 Finally, I own a piece of investment land and have been the sole owner for 5 years. Just 4 months ago, I added my wife to both the title and bank-loan for this investment property.

My only concern is that this was done about 4 months ago - and the I751 seems to want about 2 years of steady proof of co-mingling of finances. What do you think of the idea to submit the Deed and Bank Note for this property along with an explanation that I was previously the sole owner - and now we are joint owners ?
 
Hi,

I came to US as a student and my last entry was on travel documents. I have kept mt status so far as AOS and it is still pending. I filed through marriage and since my marriage is not going well, I want to know If I can file through employment. I have Bachelors Degree and 6 yeas of a progressive experience which makes me eligible for EB2.

Q1 - How long does PERM process takes under EB2 from step 1 to end approx?
Q2 - Do I have to stay in legal status during process of PERM as my entry in US was legal? ( I am thinking to withdraw my family base case)
Q3 - Should I buy some more time by leaving family base case open and stay in AOS status?
Q4 - If so, till what stage I have to keep my AOS status active during my PERM process?
Q5 - Do I have to pay any penalty, if I worked illegally for any of the period I claim as progressive work experience in my degree field? (work permit expired for a while but I was still employed and received pay check)

Thanks
 
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Two H1B applications filed by same employer

Hi Rajiv sir,

My employer filed H1B on april with an in house project starting from oct1st later in June he again applied another H1B petition with premier processing with the client i was working then and it got approved. Now they raised a query for the reason of applying two petitions and said if not satisfied with reason the approved H1B will be void. The reason they provided to them is that it was a mistake and asked them to cancel the first unapproved petition. I have my opt till December 6th this year.

My question is will the reason be accepted as per your experience and if not accepted can i file a new H1B now or reapply for F1 visa to stay in this country.

Thanks,
Ravi.
 
H1B for startup

Hi Rajeev,

I started a technology company when I was on OPT late last year. I am a co-founder with a US citizen who is the CEO of the company. I have equal equity in the company.

Earlier this year I had applied for H1B sponsorship in case our startup failed and I would have had to leave the country upon my OPT expiration. That H1B was approved with a start-date around November 1st.

Now, our startup is generating around $10,000/month and able to pay me prevailing wages. Also, in July we had a raised a small investor financing (<50k).

Here are my questions -
(1) Can I apply for a h1b transfer to that startup and how likely is it to get approved under these circumstances?
(2) Can it be a part-time h1b? For how long can I be NOT paid by the company on H1B? Does the company have to pay me prevailing wages?
(3) Can I continue to be a cofounder of this company?
 
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Hi Rajiv

Recently i have read about many cases (H1 and i485 ) being denied due to not ammending the H1 petition when the employee
moved . Previously it used to be that LCA needs to be updated to a new location and i remember even you had said it the new location is within 35 miles ,nothing needs to be changed. Looks like USCIS is interpreting things differently now and denying applications.

1) What are your thoughts on this .? HAs there been some Memo issued in this regard or has there been some discussion in the AILA community ?

2)I also heard that they are applying this retroactively. That is if someone hasnt ammended the petition one year back ,they are
considering them out of status even thought their interpretation of this rule changed 4-5 months ago . What exactly is happening with this ? If they are doing this, is this even legal ? Can a lawyer Sue USCIS for changing the interpretation of the law all of a sudden without any MEMO etc?

3)I recently moved to another client within the same Metro politan area (10 miles from the address on i-129) .LCA updated.No H1 amended till now. This is 3 months ago.So according to USCIS am i out of status ?
4)If required my Company is willing to ammend my H1 petition but will i get it approved if i am already considered out of status?
Or is it better to do it late than never?

Thanks
 
Eb2

Hi Rajiv,

1. My labor was filed under EB3 as Assistant Facility Engineer. As i have Bachelors degree in electronic and communication and more 5 years 5 months of experience but i have experience of 4 years 7 months in medical and remaining 8 months experience in software filed. Can i apply my labor under EB2 with different company as a systems analyst or software developer with software job duties. Previous labor was filed with medical job description.

2. Can i transfer my priority date if my old employer cancel my I-140 before porting the date on new I-140.



Thanks
satya
 
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