Recording available for Oct 28 Call

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monica1

monica1

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Recording available for the Oct 28 call http://www.immigration.com/free-community-conference-calls

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Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next Call Date : Nov 11, 2010

Conference Access Number: 402-237-5412
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 have a question for you. A family member was caught in arkansas with about 10 lbs. of cocaine and he did his time in jail but had an INS hold. He is a permanent resident for like 20+ years. Right now he is with immigration, can we fight his case or should he sign his deportation.
 
I passed B.Com 3 years degree and CA from India , after passing CA exam I worked as a practicing Chartered Accountsnt for about 6 years.
After this I started working as IT consultant and I have 17 years of IT experience ( 6 years in India and 11 years in USA). Total post qualification experience is 23 years.

1. My eduction credential evaluation says that my eduction B.Com +CA is equivalent to bachelor degree to an acredited university degree in USA.
2.My previous company 'X' filed labor in 2005 under EB3 category with education credential of equivalent to 4 years US degree with 5 years expereince as on that date .
3.Now in 2009 I joined comapny 'Y' on EAD and since my priority is 2005 under EB3 , I may not get GC shortly ( it may take many years)

Now My question:

1.How I can get converted my priority to EB2 ?
2.Do I need to change the present employer as Comany 'Y' will not support my GC except providing certificate for AC21?
3.Do I need a different education credentials evaluation ?
4.Any other alternative sugestion?

Thanks
Krupa
 
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Re: Green card/Labor application

Dear Attorney Rajiv.

I have entered US on F1 and later converted to H1B (My first H1b started in December 2005 and based on it I am currently in 5th year of H1B).

I have not graduated yet of my MS course, I have to take two more courses which I am planning to do next year to get my MS degree.

During my last 5 years of H1B, I have spent three months out of US. Also I have never before filed any labor petition .

Recently I have joined an employer in August 2010 who is willing to sponsor my Green Card. Soon after joining them, they filed for prevailing wage determination (PWD) request for labor application filing.

my H1B transfer was processed via via premium processing and I got extension approval till February 2012 (including re-capture time of three months which I spent out-side).
My employers attorney is still awaiting PWD approval to continue with labor filing.


My questions are
1) If my employer is unable to file a labor application before December this year (end of 5th year) because of PWD and advertising delays involved. How do I make sure that I get future extensions if the labor application is filed in starting of 6th year.

2) Can my employer start advertising process while awaiting PWD response?

3) as per the 365 day rule to file a labor application; when will my 5th year end? is it December of this year as per my original H1B or will it be February 2012 ? Can I use re-capture time for labor filing?

4) And about the masters course, I will be completing it by January next year. So if a labor application is filed this year can my employer process it in EB2?
(if my masters is not considered, I have 4 year Bachelors Engineering degree from India and 7 years of Work-experience. Also my current job requirements qualifies for EB2)

Thanks
Kumar
 
Hi Rajiv,
Here is the background in chronological order:

• Job description in PERM requires Bachelors plus 5 yrs work experience
• PERM approved in June 2010
• I140 applied for EB2 with premium processing. 2 out of 3 experience letters are signed by supervisors on personal letterheads and notarized.
• I140 denied in Oct 2010. Reason – ‘Two experience letters are not on company letterhead. The 1 letter on company letterhead is not sufficient to establish 60 months of work experience.’
• 1 year H1 extension applied after the I140 denial based on the fact that the PERM was applied before the 6th year of H1.
• Current H1 has subsequently expired.
• My company lawyer now wants to file a new I140 because he feels that a Motion to Reopen will take several years. The new I140 will NOT be filed under premium processing and we will add several documents to supplement the experience letters (e.g.) Appointment Letter on company letterhead, H1B petition, pay stubs, etc.

Questions:

• Do you think that it is better to file a new I140 instead of doing a MTR in this scenario?
• Will it have any impact on my H1 extension application? Should I be worried about my 1-year H1 extension now that the 140 is rejected?

Thanks!
 
Hi Rajiv,

Had applied for I-485 in EB3 - case got approved and I received the actual green card last month.

Now, I have received a letter to give Biometrics.

Should I ignore the letter since I already got my GC? Or should I go for biometrics?

Can this in any way harm my case?

Thanks!
 
Hello Rajiv,

I am very curious to know how the I485 EB3 are being processed by the USCIS, I just learnt from a colleague of mine whose priority date was in 2005 and she recieved her GC in the mail, where as my priority date is in 2002 and I am still waiting. Could you please throw some light on this if its just that she got lucky or there is no system as to how the GC get approved.

Would greatly appreciate if you could tell me in your experience you have seen case get approved before the priority date becomes eligible for GC approval.

Thank you
 
mailing address in the US

Long story short:

I am a Canadian citizen who used to live in the states for couple of years before coming back to canada after loosing my job to recession. While I was there I applied for GC and my file recently got approved. I am currently in Canada and have a good job. I do want to follow the steps for maintaining the GC and I have been looking for a job in the states with no success.

My Question:

I don't want to quit my job and move to states with no job there at a time but the 6 month time I was given to move to states is almost over. Would it be OK if I rent a mailbox address and drive through the border and come back to canada and get the GC for now? ( I have to come back before getting the plastic card)

I am looking for a job everyday and hopefully it will work out in the next couple of month but I am afraid to cross the border and tell the border officer that I have no address to go to. I also have to cross the border in a month or so to pick up the card and again answer questions in this regard that I am not too excited about.
Thank you.
 
Hello Sir,
Thank you for taking time to provide your valuable comments .

Background:
I am currently on H1B which is valid for another 5 years, subject to extension approval. Also,through my current employer have I-140 approved on EB3 with a Priority date of Oct-2006.I have over 8 years of experience with 3+ years with current employer and almost 5 years with previous employers. I say almost because i don't have an experience certificate for around 6 month of the 5 years.


Queries:
1.) I understand that i would need at least 5 years of experience to file EB2 and carry the Priority date.However, i was told that these 5 years need to be outside of current employer experience.Given this, would i be eligible for EB2?

2.) Although, i have 5 yrs of experience outside of current employer, i am wondering if it not having an experience certificate would hurt my chances.Would pay stubs or relieving letters be acceptable proof? Or, would it increase my chance if i changed employer and have them file on EB2, so i can provide substantial experience?

3.) Assuming i changed employer, can u please clarify on the documents i would need from my previous employer to be able to carry the Priority date on the new EB2 application? Also, if the employer is not willing to to provide the same, is there an alternate source (FOIA or something) which might be able to provide the information?

I really appreciate your help on this and once again, Thank you for your valuable time and service.
 
Dear Mr Rajiv,

I came to the U.S. as a J-1 Fulbright student in 1998 for my bachelor's degree. Fulbright sponsored me (provided a total of $4000 while my college provided a tuition scholarship). In 2002 I switched to an F-1 visa and worked on my PhD and later my MPH degree on an F-1 status until June 2009. Since July 2009 I have been on a new J-1 visa doing a fellowship with a US government agency.The fellowship is for 2 years and it will end June 2011. I have not taken any time off between my trainings since 1998 and I have not completed the 2 year home requirement as asked by the Fulbright program. This past August I have applied for the J-1 waiver based on a no objection reason. My home country has approved my request for a waiver and forwarded the favorable recommendation to DOS. DOS just decided on a non-favorable recommendation. I have not yet received the final decision by USCIS. I have been told that Fulbright fellows are easily denied whereas the fellows from my current J-1 visa are usually accepted so I am strongly suspecting that Fulbright was the issue.

My questions for you:
1) What other options do I have for a waiver? I am not eligible for the persucution nor the hardship waivers. Also my current government agency said they do not generally sponsor for IGA waivers because they do not want to go against DOS decision and because it costs them a lot of money and effort. Is there any other way to get the waiver?
2) Is there a way to appeal to this decision? Could I pay the money back to Fulbright?
3) Should I wait until I get the letter in the mail before I proceed or should i look for a lawyer now? I understand that USCIS is the one with the final desicion. I was not sure whether there is something that can be done prior to USCIS sending the final decision. Does USCIS always follow the recommendation of DOS or could they have another opinion?
4) If I apply for the diversity lottery visa and I get it would I still be required to fulfill the 2 yrs before I am able to get the green card or would getting the green card waive the 2yrs home requirement? If I do get the lottery visa but do not have the waiver does the lottery visa get canceled?
5) If there is no way to get the waiver and I do have to do the 2 yrs do I have to do only 2 yrs or 4? I have two separate J-1 visas sponsored by 2 different agencies.
6) Would any time I spent in my home country between 2002 (when I finished Fulbright and went on the F-1 status) and now count towards the 2 years or would they not because I am still not done with this J-1 program and would the time start only if I went back right after this J-1 program?

I would appreciate your opinion on how to proceed with this. Thanking you in advance
 
H1b transfer while on I-140 extn after 6 yr maxout

hi rajiv

I am currently on H1b visa and my max out date is July 2011. I have a I-140 approved under EB3 GC processing (priority date Oct 2007). I have got my H1b extension until July 2013 bawhsed on my I-140 approval.

I would like to know if I will be able to transfer my H1b to another company while I am on a post 6 year maxout extn on the based on my I-140 approval with my current employer.
 
visa for my brother?

Hi I have a tough question to ask you. Is it possible for my brother to get a student visa to attend a community college here? He used to live here when he was younger, right now he is 20 years old. He was not in the united states more than a year after he turned 18. Could I sponsor him somehow, I am in the process of naturalization right now. He lives in Mexico right now. Or is there any other option to bring him to the US? Thanks
 
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