Recording available for Oct 8 Call

Status
Not open for further replies.
monica1

monica1

Administrator
Staff member
Recording available for download at 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:
Hi Rajiv,

I know it is hard to predict when the priority dates will be current but any idea when the EB2 priority dates will be current for filing for I-485 for Indian citizens?Any help is really appreciated.

Thanks
 
Last edited by a moderator:
Citizenship Application - Suggestions please

Hi Rajiv,

I'm preparing my application for citizenship below is my details.

• Application based on 5 years as LPR

• Wife is an LPR

• Kids are US Citizens

• My total days outside of US have been approx 100days in last 5 years.

• I have been employed by the same company for the last 5 years.

• No traffic citations or arrests.

So my application looks straight forward. However

My wife and kids have been out of the country since May 2008 till March 2009, and again from June 2009 till date.

Please note she has a valid reentry permit till Sep 2010 and she does not intend to apply for citizenship at this point in time.

My questions to you are:

1>Will my wife's extended stay outside the country have any bearing on my application.

2>Would it be necessary to have my wife in town while my application is being processed, reason being I have read about IO's asking as to who all stay at the current address etc?

3>Does this warrant me to take some extra documentation and if so what are they?

4>If my wife decides to apply for her citizenship, will she have a chance and do I need to hire the services of an attorney.

Thanks
 
GC Received in error

I applied for I485 in July, 07 (EB2- India). My priority date is Dec, 06. Last year I received green card. My priority date was not current and I knew people were waiting from 2003 and this may be error. I discussed it with company attorney and he suggested that my case may have been adjudicated in July, 07 when PD was current.

Last month, I got letter from USCIS that my green card was issued in error and I should return it back. My attorney advised to immediately apply for AP and EAD and return GC so that it does not affect my wife's 485 (still pending) and my future citizenship down the road.

What are the options for me. Is there any way besides giving GC back .

Is there any action I can take on USCIS because of there error. Luckily I did not change job otherwise it would have been disaster.
 
Citizenship application and Spouse Visa Questions.

Hello Rajiv,

Thank you once again for helping out the community. Me and my family are very greatful to the help you have offered us and I am sure it the same for the rest of the community members.

I am a Green Card Holder. I am scheduled for the Citizenship interview on the 26th of October. My wife is currently on F1 student visa and doing her optional practical training. He OPT expires on 15th Feb 2010.
I have the following questions regarding my wife's case.
1. Can I file for my wife's Green Card before my Oath Ceremony takes place.
2. If her Green Card Application is still pending and her OPT expires does she need to go back to India or can she legally stay in the US until a decision is made on her Green Card Application.

3. Can I travel abroad on an Indian Passport even after I have passed the Citizenship interview but before the oath Ceremony. My brother is getting married in Nov and hence I do not want to rush to get an american passport and Indian Visa.


Once Again, thank you for your help.

Akash
 
Labor got filed in 1 company, whole group moved to other company

Hi,

My labor got filed in 1 company. Our group(150 people) used to do projects for company2. Suddenly Company 2 decided to take whole group to their company. Can company2 use the same labor for me? My role and job has not changed even in company2.

Thanks,
Voonnab
 
I-140 Denied and filed Appeal. I-485 still pending. Need to travel to India on AP. Refiling I-140.

Hello Rajeev, I have couple of questions as given below.

Here is my scenario:
I-140/I-485 filed in Jul 2007 with Labor Substitution. AP/EAD approved. Never used EAD and have current H1B (5th year).

1. My I-140 was denied incorrectly because the labor substitution was used from Company A which was bought by company B. I-140 was denied stating that Labor was from Company A and Appeal has been filed with clear reason saying that Company A was bought by Company B and its a Successor and Interest Case. The current status of Appeal is
"The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now being processed at a USCIS office".

The Appeal was filed in May and still pending. How long does it take to get appeal result? Its successor and interest case and attorney is saying that there are good chances of wining the case. Also, many employees in the company with same labor substitution case as of mine, have got their I-140 approved without any query but mine was refused.

2. My current I-485 status in USCIS website is "we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you". Does this mean that my I-485 is denied or still pending? How to check if my I-485 is still pending? Is there any USCIS phone number that I can call and find out?

3. My attorney is saying that it will take long time to get result of appeal so we can REFILE I-140 and there are high chances of getting approval? If the attorney refiles the I-140 and if its getting approved, will they bring back my I-485 to pending with the same priority date? How long does it take to get REfile I-140 decisions?

4. Since, I guess, my I-485 is pending, can I file new Advance Parole and travel to my home country and come back? Will there be any issues when at the Port of Entry? I am currently maintaing my H1 status but I heared that these days its taking long time to get H1 Visa stamped so I am thinking of using AP.

5. Also, I am in contact with another company to file PERM Labor and let us if they file a new PERM and if its getting approved in 9 months and file new I-140 in premium processing and till that time, if my I-140 appeal is pending and my I-485 is pending, can I use my newly filed I-140 and bring my I-485 status back?

6. Can I use AC21 and join another company since my EAD is valid till 2011 and if my I-140 appeal is successfully approved?

Thank you so much Rajeev for your service.
 
Citizenship Application - address update with INS

Hi,

I have been a perminent resident for the past 5 years and planning to apply for citizenship (N-400). My problem is that I have given the permanent address of my friend (who has his own house) for the I-485 application processing. I got the green card with the same address. After getting the green card I did not realize to apply for the change of address with INS (AR-11).Now I am planing to apply for the Citizenship. I stayed at different places during the last five years (based on my job). So could you please let me know will this cause any problem with my N-400 application approval process. What are my options? Should I apply for the address change now or simply leave it as is and explain it in the interview process if the officer brings up this issue. Please advise me.


Regards,
 
Hi Rajiv ji,
Namaste! Thanks for this excellent service. I have a few questions related to Labor Certification.

(1) I'm working for a full-time, American Company (Not consulting) located in Texas. My labor Certification with this full-time company has been filed 2 months ago (in Aug 2009). It looks like there is going to be Lay off's in our company and at our location, Texas. My current company's head quarters is in Florida. Kindly note that this is not a consulting company. If I move to another working location or state such as Florida but stay with same current company (full-time, and permanent) while LC is in pending status, do I need to file a new LC because my new working location would be Florida. Would my current LC that belongs to Texas working location become invalid?

Please confirm.


(2) I'm working for company A and my LC has been filed in Aug 2009 with this company A. There is one American Citizen who works in my current team. If this American Citizen is laid off from the job due to economic conditions, then do I need to file a new LC and start my LC process all over again after 6 months because American Citizen who works in my team is laid off? Please confirm.


Thanks and Regards,
Bhati.
 
Last edited by a moderator:
AC21 Question - LAW IS VERY UNCLEAR

Hello Rajeev, I have a question regarding AC21. This question is very important as I have done lot of research on this topic and the law is very unclear:

My case Info:
I-140 approved EB3 Priority Date 2003 using Labor Substitution. I-485 pending since July 07. EAD till 2011. Using AP for travel.

1. DO WE HAVE TO NOTIFY USCIS ONCE WE CHANGE THE JOB AFTER I-485 IS PENDING FOR MORE THAN 6 MONTHS AND I-140 HAS BEEN APPROVED?

I did some research and USCIS has not issued any Memoranda stating that candidate has to notify the USCIS when they change the job. Infact, I have heared that people who notify to USCIS regarding change of jobs and file AC21, normally get an RFE from USCIS before I-485 is approved just to make sure that they have done what they have written in AC21.

2. WHAT ISSUES WILL ARISE IF WE DO NOT NOTIFY USCIS WHEN WE CHANGE THE JOB AFTER I-140 IS APPROVED AND I-485 IS PENDING FOR MORE THAN 6 MONTHS?
If there is no requirements to notify the job changes by AC21, how can USCIS deny I-485 if we are using or maintaining a proper job with good salary and similar job duties using EAD till we get the Green Card. Even if they RFE, we can answer them saying that AC21 is no required as per the law and I am maintaining my AOS status with a good job which is similar to the job that I was doing with the company that filed my I-140 and pre approved substitute labor.

I would appreciate if you can provide more information on AC21 like what to dos and donts concerning AC21 and get Green Card successfully.

Thank you and Best Regards.
 
Citizenship Application - legal name issue

Hi
I have been a perminent resident for the past 5 years and planning to apply for citizenship (N-400). I have an ambigious problem. The problem is that my passport has given name of "abc xyz" (no differenciation between first name and middle name) and surname as "pqr" whereas my green card contains last name as "pqr" and first name as "xyz" and middle name as abc. All my other documents like (driver's liscence, Tax returns, Social security card, my MS degree in US) contains my name as that of Green card.

Now I need to fill the "Current legal name" in N 400 application. My question is what should i write? Shall I write my legal Name as that of passport or that of Green card.

If I have to use the name from the green card as my legal name, Do I need to mention the "other name" used as "pqr, abc xyz" in the "other used name" section.

Will this cause any problem at the time of interview?

Could you please help me out with this.

Regards,
Sri

Full Name as of passport: Last Name: pqr
Given Name: abc xyz

Full Name as of Green Card: Last Name: pqr
First Name: xyz
Middle Name: abc
 
Hello Mr. Rajiv Sir,
How are you? Thank you in advance for your help. Please see below questions that belong to Green Card Processing through marriage.

I'm on H1-B visa and working for a company in New york. I'm planning to get married to a Green Card holder who got his Green Card just 6 months ago.

Question # 1) When I get married to this Green Card holder, would I be eligible to apply for a work permit or Green Card right away after getting married?

Question # 2) Do I need to wait until he gets his U.S. Citizenship before I can apply for a work permit. What would be my options to get Green Card through him? Please let me know.


Thanking you,
Sincerely,
Priya.
 
Dear Mr. Rajiv,
I hope all is well with you. I have questions related to H1-B Visa extension after filing LC. Kindly answer my questions.

I'm on H1-B visa and working for a company A. My LC was filed in July 2009 and LC is in pending status. I will be completing 6 years of H1-B visa on July 30, 2010.

Once I get my H1-B Visa extension, (1) if I move to another company B, then would I be able to use company A's H1-B visa extension and work for company B? If I continue to work for company B, then can I start new LC with company B based on extension obtained from company A?

(2) If company A withdraws my LC after I quit company A and join company B, then would I be able to continue working for company B? If not, what would be my options. Please let me know.




Thanking you,
Sincerely,
Mohan.
 
I, my wife and daughter are ALL in AOS. My employer has filed for my 9th year HI extension .My PD is june 2006.My daughter and my wife EAD valid until Dec 2010. Now that my daughter is over 21 .When filing for extension in the past my wife signed the 1-539 with my daughter as dependent .Now that my daughter is over 21 will she have to fill a seperate I-539 or can my wife I-539 include both names and particulars. Secondly when our last H1 was being validated the US embassy informed us that our daughter must not travel out of the country when she reaches 21 until her I-485 is approved or she will loose her status. Why?
 
Last edited by a moderator:
I-140(EB2) and I-485(EB3) pending with Administrative Appeals Office (AAO)

Namaste Rajiv,

I like to say thanks in advance for your advice.

I start EB3 - Green Card process with Company A and I-485 case is pending with AAO.
I start EB2 - Green Card process with Company B and I-140 case is pending with AAO.

I worked with Company A & B on H1B visa (expired on SEP 2009) and due to
current economy I used my case # 1 EAD in April 2009 to join the Company C.

Last week got Case #1 I-485 Notice for Transfer :confused:
“This is to advice you that in order to speed up processing we have transferred the above case to the following USICS office for processing USCIS/Admin Appeals Office, Washington, DC 20529 “

Summary of Case # 1 EB3 (PD OCT 2003) :

Filled I-485 & I-765 (Myself and Spouse) in 2007 fiasco with TEXAS SERVICE CENTER.
I-485 (Myself and Spouse) moved to NEBRASKA SERVICE CENTER on APR 2008
I-485 (Just Mine) moved to AAO on SEP 2009

Summary of Case # 2 EB2 (PD NOV 2007) :

Labour filled based on three year or Four Year bachelor’s degree and five year of experience.
I-140 filled on MAR 2008
I-140 Denial Notice on Oct 2008 (Due to 3 year Bachelor’s Degree from India )
I-290B Appeal / Motion to Reopen on NOV 2008 (Show Indian 3 year BS + 5 year exp = MS from USA )
I-140 Moved to AAO on FEB 2009


So my questions are

Qus 1 - Is working on EAD keep be on Lawfull status and in future not going to affect my Green Card / Citizenship?

Qus 2 - Is case #1 I-485 transfer really going to speed up my Green Card Process?

Qus 3 – Is case # 1 I-485 and case # 2 I-140 pending with AAO going to make my case more complicated and any chances of denial too?

Qus 4 – Do I have to do something to keep clean and clear and what’s the future of my Case # 1 and # 2?


Once Again, thank you for your help and your community service.
 
Last edited by a moderator:
Visting US while immigration application is in process

monica1 said:
Please post your questions here for the Oct 8 Call. Keep questions brief. One user should post only one message.
-------------------
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: Oct 8, 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.
Click to expand...





Hi Rajiv,

Can my mother visit US under her previous visitor visa (still valid) while her immigration application is in NVC (I submitted DS3032 on 7/19/2009)?

Please note that she plans to go thru Consular processing after her short visit to US this month. Her I130 was approved on April 17.

Thanks.

Khalil
 
Bringing Relatives (Aunt/Uncle) to US

Hi Rajiv, I am planning to bring my Mom in Family Visit(B2) Visa. Since my dad cannot accompany her, I am planning to bring my Aunt(Mother's sister) with her.
1. Is my Aunt eligible for this category - Family Visit(B2)?
2. If not then what Visa is suitable for her to accompany my Mom?
3. Is it advisable for both of them to go together for Visa processing? In case, if my Aunt's visa gets rejected, will it affect my Mom's Visa as well?
 
Immigration question on adopting a relative child

Hello Rajiv,

Me and wife are US citizens and we are planning to adopt a relative child. We have an immigration question with regard to that, and here is the scenario:

- We have identified a new born Child(relative child), an Indian citizen, for adoption.

- When we talked to an immigration attorney(here in the United States), we were told the only option for us is to adopt this child in the country of birth(India) and provide/prove custody of the child (for a minimum of 2 years) before we can bring the child with us back into the United States.

- Since the only way for us to be with the child is to move out of US, we have decided to go back to India till we meet all the legal requirements needed to bring the child back with us to the United States.

- We spoke to an adoption attorney in India who told us that for a relative child adoption in India, an 'Adoption Deed' signed by both 'adopting' and 'biological' parents and getting it registered at 'Sub-Registrar's office tantamount to a 'complete and legal' adoption under Hindu law, and so this should be sufficient (instead of going through a Court).

- So once we meet the 2-year requirements and when the time is right, we want to come back and live in the United States with the child.


So, here is my question:
What documents are needed(by US immigration later) to prove that the child was legally adopted? Is certified "adoption deed" from an Indian Sub-registrar sufficient or, do we need to provide document from an Indian Court (like Court order) as proof of adoption or, is there any other document needed (so we know which path is the right one to take).


Thanks,
Raghu.
 
Please can someone help!

me and my boyfriend are getting married and i need to get a green card for the US. He is a US citizen, he has past felonies (nothing major). He currently has a warrant for parole violation and needs to serve another 4 moths of his time. He is living in another state right now, as he skipped parole, but is fine there as cant be arrested.

Will his outstanding warrant before or during our application prevent us from getting approved?

If so he is just going to go back to the PA and do his time asap.

To add i have no convictions

Thanks
 
I-140 approed/H1B extension/Drivers lic

sir,

My current H1B expires in one month and mY extension 3yr (based on I-140 Approval) has been sent by company but I do not expect to get reply before the current expiry . Is there anyway I can get extension of my Drivers Lic based onI-140 approved (EB-2) and H1Extension application pending?

Also will it be safe for me to change employers as I am looking for residency in similar/ other field with the assurance to the college to come back when dates become current/ after finishing residency? They assure me that they will not withdraw my I-140 EB-2 which is for a clinical research associate in the field of neurology. I believe that the premise of green card is for a job in the future and not what I do in the mean time and keep getting my H1B's extended based on this EB-2 I-140

Last question, Is it true that H1B visa for physicians is going to be scrapped? My current attorney is advising our GME office to not do H1B from next year for foerign gradutes to do residency on H1B and only do J1 as there will not be a category for training physicians in the LC for H1B from next year and that residency programs will have to pay physician salary to residents

Thanks for all your help.
 
Last edited by a moderator:
Status
Not open for further replies.
Top