Recording available for Sept 16 Conference Call

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monica1

monica1

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Recording available 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: Sept 30, 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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I-140 related questions. Please help.

Hi Rajiv ji,
Namaste Sir. Thanks a lot in advance for your advice. Please see my back ground and questions below related to I-140.

My Back Ground:-
I worked for Company A, who filed my PERM in Sept. 2009 in 5th year of H1-B. 6 years of my H1-B visa will be completed on Sept 30, 2010. I joined Company B in Dec 2009. Through Company B, I obtained one-year extension of H1-B visa based on previous Company’s A PERM approval until Sept 30, 2011. 7 years of H1-B will be completed in Sept 2011.

Company B applied for my PERM in my 6th year of H1-B visa (applied in May 2010). 6 years of my H1-B visa will be completed on Sept 30, 2010. 7 years of H1-B will be completed in Sept 2011.

Questions:-
Question 1) As Company B filed my PERM in 6th year of H1-B Visa, would I still be able to extend H1-B visa after Sept 30, 2011 based on PERM filed by Company B? Kindly advice me.

Question 2) As Company B filed my PERM in 6th year of H1-B Visa, will it be fine to file I-140 in 6th year of H1-B but still be able to obtain 3 year extensions based on I-140 approval if I-140 is approved in 7th year of H1-B? Kindly advice me.

Question 3) As Company B filed my PERM in 6th year of H1-B Visa, I came to know that both PERM and I-140 need to be approved in 6th year of H1-B itself in order to extend my H1-B visa in 3 year increments. Kindly advice me if this is true.

Question 4) Kindly advice me if you foresee any issues if I-140 for my case is not filed in premium processing for its approval in 6th year of H1-B. Just to be on safer side, would you advice me to apply I-140 in premium processing in 6th year of H1-B itself.

I appreciate your advice.

Thanking you,
Sincerely,
Karthik.
 
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My age 22, Under Immigrant visa fee bill my name is included

Dear Sir, :)

I was born in 1988. I am 22 years old right now. My uncle has filed I-130 petition for my father in 2001. Which was approved in 2005. In 2005 I was 17 years old.

Recently, we received 'IMMIGRANT VISA FEE BILL'. On NVC's 'ONLINE PAYMENT' website when we log in to pay the fee's, I can see my name as well under my parents name for Applicant for IMMIGRANT VISA FEE.

MY QUE: Does that mean that, NVC has considered my age when I-130 was approved in 2005 (age 17). Because I have an elder brother who's name is not there in the list. So should I assume that they are willing to give me the immigrant visa/they are willing to process my father's immigrant visa case and also included me as one of the derivative beneficiary.

Your reply is valuable.

Thanks
 
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BACKGROUND -
i am married to my husband who entered on a B2 visa in 2002. In 2005 he married a USC after being together for over 2 years. They filed paper work, husband got EAD, SS card and DL. in 2006, they separated before they attended their interview. They divorced shortly after my husband received a notice that his case was closed.
We got married in June of this year. We were going to file all paperwork as soon as the certified marriage certificate arrived in the mail. 3 weeks after wedding, my husband was driving my car when he got pulled over and arrested for DWL. ICE picked him up 48 hours later and he was detained 1 month. 20 days after ICE initially picked him up, our attorney (which we have fired) filed the I-130 and is currently pending.

QUESTIONS -
1. we have second MH schduled for 12/1. If for some MIRACLE our I-130 is approved before then, can we bring to this MH, our I-485 packet completed and request for the judge to cancel removal and allow AOS?

2. We are going pro se. Assuming we have properly prepared our case, will the fact that we no longer have an attorney adversely affect our case before the judge?

3. DHS is currently holding both passports for my husband (the original one with the VISA and the newest one). One of the requirements for the I-485 is a copy of passport. How do I explain they are holding this evidence?


Thank you!

Tessie
 
Received GC - Missing last letter in long "Given Name"

Dear Rajiv Sir,

Thanks in advance for your time on this matter.

My question,

I have received my Green Card and observed that last letter in my long First name is missing even though I mentioned it correctly on I-485 application form.

My First name contains 3 words comprising 19 characters (including 2 empty spaces) and
my Last name contains 2 words comprising 17 characters (including 1 empty space).

And my "Last Name" is printed correctly but my "First Name" got truncated (last one letter is missing).

Example:
Correct First Name - ABCD ABCDEFGHI ABCD
First Name on Card - ABCD ABCDEFGHI ABC (missing letter 'D')

Is there any limitation on number of characters to display on card? Will there be any issue while crossing the border?

Or should I get it fixed by filing I-90? Please advise.

Thanks for your time.
 
N-400 question

Dear Sir

I applied for my N-400 in Dec. 2009 and successfully completed my interview in May 2010. At the time of my interview, the IO informed me that my A-file has been misplaced and that it is unclear as to when the USCIS can schedule my oath ceremony. After waiting for almost 3 mos, I contacted them recently and got a letter that mentions a non-specific wait period of 6 more mos. in which they will get back with me. If they dont, I am supposed to contact them again.

Question: My green card and driver's license expires in Dec. 2010. I understand that I may not need to renew the green card, but will I be able to renew the DL without a GC?What are my options on expediting the oath ceremony?

Thanks.

Sincerely
Adwait
 
Questions on H1 Application

Dear Sir,

Thank you for your help and time.

I am F1 student who recently graduated from Georgia State University. I got my bachelors in Studio Art. I am currently working as a program coordinator at a small non-profit organization. The Foundation is a newly established one who is still seeking for funds from USAID and CARE and will have a small number of employees. The founder is planning to apply for H1 visa for me but before she does she would like to know if I can answer this questions for her.
1. What documentation would the foundation need to apply for H1 visa( Is it easy to get it?)
2. Does the quota for the year include non-profit organizations?
3. Can they apply any time of the year and how long would the process take?
4. What is the chance of getting approved for H1 visa for small organizations and if we are denied can we re-apply for it?

I hope my questions are clear and looking forward for your response.

Thank very much again for your help

Regards,

Liya
 
1099 on H1

Hi Rajiv
I am working as an FTE on H1B . Some time back our company was acquired by a large company. Since our company is still maintaining the same Federal Tax ID and legal name, there was no change in H1.

Recently, I had some expense reimbursement claims and the new parent company asked for 1099. they paid the expense as vendor payment against 1099. The check is from Parent Company.

My question is, being on H1B, can I accept this payment ? There are no tax implications (since this is reimbursement of actual expense) .
 
J-1 in the HRR period preparing for immigrant visa interview

I am going to do my 2-year HRR and plan apply for an immigrant visa based on my husband’s greencard (EB2 employment based) at the end of my 2-year HRR period, either through follow-to-join or family petition. Can we file the I-824 (if follow-to-join) or I-130 (if family petition) before I finish my 2-year HRR? Then if the form is approved, can we submit all the paperwork for NVC before I finish my 2-year HRR? I understand the form I-230 to be submitted to NVC asks if I fulfilled the HRR. Can I answer YES based on the fact that I will schedule the visa interview only after I finish my HRR period? If this is not possible, is there any way to accelerate the process so that I have the interview on Day 1 upon my fulfillment of the HRR?

Another question is, what is pros and cons of familty petition vs follow to join? (the priority for family petition in my catergory is Jan 2010 - not too bad with eight month wait time)

Thank you for you opinion.

TQNK


monica1 said:
Please post your questions here for Sept 16 Conference Call.


-----------------------------------------------------
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
NEXT CALL Date: Sept 16, 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.
Click to expand...
 
Dear Rajivji,

I have few questions for you and i really appreciate your guidance regarding my case.
I just became US citizen and my spouse is here with F2 overstay visa.I filed for her I-130 10 days after my N-400 application which got approved 1 day before my oath ceremony.
1)In I-130 approval notice says that person cannot file adjustment of status as according to forms i was LPR when i filed? Can i adjust the status of my spouse now as i am citizen now.
2)How many days i should wait before i file adjustment of status after becoming US citizen.(time needed to upgrade my status)
3)What documents i should submit with I-485?
4)Does I-130 approval will faster the processing time?
5)I live with my parents and i have no assets, so i have no lease or utility bill. Is it important to show all this? what other documents i can show with I-485 forms.
Thanks .
 
Hi Rajiv,

Background:

Came to US on B2 in 2000
Changed from B2 to F1 from 2000 – 2004
Changed from F1 to H1 from 2004 – 2007
Filed second H1 from 2007 – 2010
Also, filed for I-485 in 2007 and kept renewing parole – 2007, 2008 & 2009
Received GC 2 weeks ago

Question:

I haven’t traveled (on visa or parole) all this time, but am about to next month.

• Should I hand in my I-94 when leaving or is that irrelevant since I have my GC?
• Also, my second H-1 has expired now since I got my GC. Will that expired I-94 be a problem if I have to hand that in?
• Should I hand in just the last I-94 or all of them?

Thanks
 
gc and ead query

Hi Rajiv,
My husband's company filed for his gc and we got I-140 approved. My question is if we have to wait till PD becomes current to get EAD. Could you please explain this process to me?
My husband's H1 expires in Nov 2011. If he changes his company, (and assuming H1 is transferred) then would the new company have to initiate GC immediately? Would H1 renewals be in 3-year increments if the GC process is initiated by this new company?
I would also like to know if it is possible for concurrent filing of I-140/485 under EB2

Thank you so much for your help. Appreciate it.
 
I-485 Related Question

Thanks for taking my question.

History:
1. Spouse as primary applicant I -485 pending since August 2007 with PD September 2006 Under EB3
2. My PD is July 2002 with I -140 approved. I have not applied for I-485 and waiting for the visa dates to become current under EB3.

Question:
If the Visa dates for EB3 become current for me (July 2002). Can I just inform the USCIS to make my spouse as dependent and me as primary on the pending I-485 and approve the status adjustment based on my I-140. I remember reading "cross-filing" some where and below is the excerpt for your reference. What do you suggest.

"If the I-485 applications are transferred from one individual's approved I-140 petition to the spouse's another approved I-140 petition, the spouses roles change: The original direct beneficiary turns into a derivative beneficiary of the spouse's approved petition, and the spouse's derivative beneficiary status turns into a direct beneficiary of his/her own approved I-140 petition. In the transfer of I-485 applications, the pending I-485 applications are moved from one approved I-140 petition to another approved I-140 petition"

Thanks
 
H1b Trasnfer/Renewal Denial Question

Dear Sir,

What will happen if ones h1b extension is denied ? Should he leave the country immediately or he can stay till his current h1b expires (In case of his current H1b is not expired) ?

Can he transfer his current H1b to new employer after his h1b extension is denied ?

Thanks for service!
 
Hi Rajeev sir,

I'm on my 5th year H1. My current employer labor (EB2, May 2009) petition is under audit and thus have other PERM labor filled through some decent company as future employee in July 2010 and subsequently it got approved few weeks back. I was wanting my future employee to file my I 140 immediately, but he has suggested me to have my H1 transfered and start work for him and have some paystubs with him before he files for I -140, mentioned that if he files I -140 without joining him, there could be chance of getting an audit with query for paystubs with his company. I just wanted to clarify from you . few points
1. Will there be any issue having my I-140 filled with him without joining him immediately? I mean any chance of getting queries?
2. Its been more than 4 years since have visited India(Home country). My visa was expired in year 2007 and i'm on extension. Out of your experience,
how is the situation in US consulate in Hyderabad for visa stamping? Are people getting stamped?
3. I have an other Labor filed as future employee in year 2008 August. I think DOL is currently processing Aug 2008 audit cases? That company is telling
there is only 20% of chances for getting my labor approved? I was just wondering in what circumstances the will deny the case?

Appreciate your help answering above questions.

Thank you
Kris
 
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