RECORDING available for Sept 24 Conference Call

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monica1

monica1

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Recording can be downloaded from here, http://www.immigration.com/page/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: 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.
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PD Portability

Thanks Rajiv for this wonderful community service.

Our PD Portability (EB3 to EB2) request to new I-140 with new employer was denied last year. USCIS said they can not grant it because ex-employer revoked my older approved I-140. I've EB2 PD of Jan 2004 and am not able to file AOS for past 1 year. We filed for AOS assuming I was current but they returned the AOS twice. I found in various forum that I still deseve the older PD and was able to convince our law firm to open an AILA inquiry to resolve this. AILA came back after 12 months to tell us that it has been forwarded to respective department and they will get back to us. I'm frustrated. How to move on with this. Please give your suggestions.
 
Parent visitor visa extension and Green card

Hi Rajiv,

My Mother came here on Visitor visa and her I94 is valid until 10th Jan 2010. She already came here 5 times on this 10 year visa. Now I am becoming US citizen in November. From other forum threads I came to know that it takes 4 months for parent Green card processing. As soon as I become citizen, If I apply for Green card for her, Can she stay here even after 10th Jan 2010 until she gets her Green card OR should I apply for visitor visa extension for her and apply for green card?

Thanks
Kishore
 
H1 renewal

Hi Rajiv,

I got my initial H1 on 1/23/04 to 1/1/07 from Company A, extended to 1/1/10, changed companies in June 2007 and got H1 in Company B from 9/6/07 to 5/31/10 (receipt notice dated 5/30/07). More than 1 year has occurred since starting the GC process, have an approved I- 140 (from company B) and dates are not available for I-485. Should I apply for 3 year extension from 1/22/10 to 1/21/13 or from 6/1/10 to 5/31/13 (as total period is 6 years)? I have gone on visits out of US for a total of about 5 weeks in the H1 period to date. Thanks for your time.
 
Hello Rajiv :

I lost my job and my I 485 is in pending status. My wife is working on EAD. Am not sure whether my employer will revoke my I-140 or not but I wanted to apply AC 21 before my employer does revoke I140.

Right now I dont have a job. I am looking for consulting/FT jobs. I do know one Company A which is ready to do AC 21 and transfer my H1.

Based on market and my experience, I see I may get Full Time Job in few weeks. If I get a FT in couple of weeks, I may need to file another AC 21 which is not suggestible I believe.

I am in a confusion :

1.Invoke AC 21 from Company A and transfer H1 to Company A ?
2.Invoke AC21 from Company A and transfer my H1 to Company B where I get Full time job which means my payroll runs from a different company where I filed my AC 21 ?
3.Invoke AC21 from Company A and transfer my H1 to Company B where I get Full time job(in few weeks) , do I need to send another AC 21 . does multiple AC 21's cause a problem for my GC process?
4.Invoke AC 21 from Company A and do my Full Time job with Company B on EAD ( if there is any denial of GC i will not have my H1 in this case ) ?
5.If I get an GC approved with the Company that I used to invoke my AC21, Do I need to work with them after GC is approved, If so how long.
6.Can we have two payrolls running one with Company A as I invoke AC21 through them and other with Company

Can you please advice me on this.
 
EAD and AP application - Lawyer or Self?

Hello Mr. Khanna,

Me and my family are in the I-140 appoved, I-485 pending stage (since 2007 fiasco)

I have my EAD which is valid until sometime in 2011.

I wish to apply EAD for my wife (who also has the same status, i.e. 485 pending).

Her previous EAD expired in December 2008.

I spoke to the lawyer who is handling my case and they want to charge me $200 (as the lawyer fee) over and above the EAD application fee for one EAD application.

My question is if I can go ahead and apply for my wife's EAD all by myself?

What's the procedure for that and is it really so complex that I need lawyer's help?

What'll be the charges for the same if I wish to apply her EAD through your firm?

(Since I want to apply for Advance Parole Document also for all my family members (2 adults + 2 kids), my current lawyer wants $200 lawyer fee PER APPLICATION. That is $1000 for 4 APs and 1 EAD!)

Please advise.
Thanks,
Raj.
 
Hello Mr.Rajiv,

How are you ? I'm Tee, I'm new to this forum community.
I just received a DV visa lottery, must enter USA before April 2010, but now I'm still in school outside USA until August 2010 . I have talked to the person at the embassy, they couldn't gave me a visa with an expiration's month of august next year. However, since i don't have a choice, I have a time to visit USA for a month to take care of the Green Card / PR, but after that I need to get back to school, going out from US to finish my study and then came back to US permanently.

1. Would it be enough time to take care of the green card / PR in a month at USCIS office ?
2. If I know someone in the USA, would it be possible to have the green card / pr sent to me outside USA once it came out, so that I could use it to enter USA again (I believe DV visa is an 1 entry visa)?
3. If 3rd question is possible (I could use the PR / GC to enter US), will the immigration assume that I am not serious to be a permanent resident or usually called Visa Dumping, going out from us after staying for a month?
4. How long is the max time I could be out of the US from my first 1 month visit?
5. Since I can only stay for a month, do i need to process a re entry permit too, along with the GC / PR card?

Sir, Thank you for your time and please advice me on this matter. Any advice would be accepted.

Once again, Thank you Sir.

Best regards
Tee
 
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Hi Rajiv,

I know my question have been asked a lot and even there is a complete thread for this issue, but I'd appreciate if I can get your feedback.

I applied for Citizenship, and when I filled form N-400, I did not report a traffic (Speeding)ticket I had in Dec'07 (fine $273 paid in fulle), and it was dismissed bec. I requested to have a court date and the officer did not come that day, and the county refunded the fine. [I did not know that Cited includes traffic tickets]

Now, I have my interview on 11/10/09, do you think I have to mention this one to the IO or not and if yes what doecuments should I provide ?

Thanks
Aly
 
GC Backdate.

There was a thread on GC Backdate which has been archived.

Through Spouse (US Citz) we applied for AOS back in 6/06.
After 2 years of pending namechecks, thanks to new law, was re-interviewed as initial interview in 08/08 and got GC in mail 09/08.

If i had not been stuck in namechecks/etc. i would have recieved my GC early 07. I could have applied for citizenship early 2010.

As i mentioned the previous thread had members who had a much longer wait. Is it possible to get some sort of backdate or adjustment to date of citizen application eligibility that can be done?
 
Hi!
My husband is overseas, I am expecting to Naturalized soon. Does my husband have to apply for a green card while physically in the US or can he apply and get it processed at a consulate overseas. He would like to come here and be able to look for a job right away - not wait for green card processing. He is currently working overseas and supporting me. We need the money. Thanks Rajiv!
 
Hi Rajiv,

I am not H1b Visa and visa is valid upto Sep 2011. on my last Arrival immigration officer had issued I 94 upto December 2009 bucause my passport is getting expire on Dec 2009. Now i got renew of my passport and i want to renew my I 94. My questions are..
1. May i go to the mexico to renew my I 94 card?
2. Do i need the Visa for mexico? or For trips to mexico or canada for less than 30 days, I have heard that we can use automatic visa revalidation( if you have have valid I-797). I do not know more about this but my friend told me that you can go to Mexico & Renew your i 94 card at mexico borader.
3. what docs i need to be have?

Thanks
 
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I just visited the new revamped website and got the following status... I'am confused since i never recieved any such documents. I have had a soft update on 9/15/09 with no status change. Also, I have received Biometrics request on 9/21/09 out of no where. Rest of my family didnt get it. I'am Too confused as to what is going on.. ...

------Case Status below---------

Document production or Oath Ceremony

On December 27, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.



This step applies to applications that result in an applicant receiving a card (such as a green card) or other document (such as a naturalization certificate, refugee travel documents or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

Naturalization Applicants: you will receive your certificate at your oath ceremony. You can expect to be scheduled for an oath ceremony within 45 days of receiving your decision. Many offices schedule approved applicants for the oath ceremony on the same day as the day of the interview. Please check the local office profile page on our Web site to determine if this applies to your local office.

If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
 
Labor category EB3 or Eb2

Hi,
I Have a BE degree and post 14 yrs experience. I am working in a company as SR. consultant. Company is filling my labor under Eb3 with comment that USIC min exp requirement of 2 years. So I can be filled only for Eb3 . While my point is for EB2 based on my qualification and experience.
Please advice where I fits.

Thanks,
Aman
 
What is the basis of my I-485 approval....NIW or Labor certification?

Mr. Khana, thank you for allowing me to post my queston. I am a physician who did residency on a J-1 visa and I am trying to find out the basis of my I-485 approval (ie was it NIW or Labor Certification). This is important to me as it has implications for future employment obligations with sponsor (i.e do I need to atleast complete 6 mths of employment in the future for LC vs no such obligation for NIW). "COA: E26" appears on my I-485 approval notice but this EB-2 could have been both derived from LC or NIW. My case history is as follows (note my sponsor was same for all petitions - LC & NIW):

J-1 wavier completed on H-1B 7/2003 - 7/2006
5-yr NIW service completed on H-1B 7/2003 -7/2008
LC RIR PD 08/2004 - approved 11/2006
I-140 (based on LC) approved 3/2007
I-485 filed 7/2007
I-140 (based on NIW) filed 7/2008 and approved 3/2009 (Note filed after I-485 was filed & prior PD of LC was re-captured to this petition)
RFE on I-485 on 5/09: Request for evidence of 5-yr NIW service completion
I-485 RFE reply sent 6/2009
I-485 approval 9/09.

The reason I applied for I-140 (NIW) despite having a pending I-485 was that I undertook fellowship training after completion of 5-yr NIW service on a EAD (not AC21) with a different employer. I thought NIW is a good back up plan should I run into trouble with portability issues. The RFE on my I-485 made no mention of the 1st I-140 (based on RIR LC) and simply acknowledged the I-140 (NIW) and pending I-485 as their basis for 5-yr NIW service request. I did not request substitution of I-140 (LC) with I-140 (NIW) in writing to USCIS.

[B]My questions:
1. Do the most recently filed / approved I-140 automatically form the basis of I-1485 approvals regardless of the initial basis on which I-485 is filed?
2. Would I be taking a big risk wrt future citizenship if I elect not to do the customary 6 mths+ of employment with my sponsor? (i.e. I am assuming that GC was granted on basis of NIW and I have completed the required 5yr service)
3. Is there anyway we can find out from USCIS what the basis of my approval was?
4. Can we make an educated assumption that I-140 (NIW) was "automatically" substituted by USCIS based on the nature of RFE request for I-485?[/B]
Thanks
Rog
 
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VAWA after I 130 NOID

Hi Rajiv,

I am married to a US citizen for almost two years now and she applied I 130 and I 485 for me. We lived toghter for almost a year and then I moved out as she my wife was very abusive. She use to threat me about withdrawing my case and physically hurt me.

Apparently, USCIS officers went to my spouse house and her mother told them that she is not married and she doesn't live with me. My wife received a NOID on I 130 stating that this marriage seems to only be because of immigration benefit.

Questions:

1) Can I still file I360 based on battered spouse for myself after they deny my I 485?
2) If yes when should I apply for I360 now or after geting denial letter? Can you please give me timeline on this.
3) Can I apply I 360 and I485 toghter so I can get my work permit to work in USA?
4) How long this process takes normally?

Thanks
 
Dear Mr Rajiv,

I won the Visa Lottery, I came to America 5 1/2 years ago, in 2004, and now I'm ready to apply for citizenship. But I've read in this forum that at the time of interview, I live in New York ,I might be asked for my last 5 years of tax returns. The thing is so far I had filled out 4 years of taxes, 2005-2008 , as self employed, my first year in the U.S. in 2004, i didn't work so i didn't fill taxes. So my question is, it could be a problem going to the interview, in case i will be called before I can do my next taxes, with just 4 years of tax returns instead of the 5 needed, or would be better, safer for me to wait until 2010, once that I will fill out the 2009 taxes, in order to send the N-400 application, and that way I'm going to have by the time of the interview the 5 years of taxes required.I would really appreciate your thinking, advice on this, Now or wait ?

Thank you, Fabi.
 
GC through spouse

Hi Rajiv,

My husband will be eligible to apply for citizenship in May, 2010 (will complete 5 years on his GC). I am on my employment based I-485 (PD April, 2007) and had NOT been working for the past 12+ months, due to pregnancy and baby care (I've a valid EAD which will expire by October, 2010 and I took the risk).

My question is when my husband submits an I-400 application in Feb 2010, can I get to apply for the family based GC along with his application? (if so, do I get an AOS immediately or some status allowing me to not to return to work?

OR

Do I have to wait until he actually receives his citizenship and then apply for my GC thru him? Kindly let me know the process as detailed as you can in either scenario(I understand that you've limited talk time on the conf call for each requestor).

My biggest concern is to be able to stay home for the next 2 years as I have a baby and I am pregnant again. So, if any way (legally) I can get to have my AOS/EAD based on the family category as soon as possible (since I haven't been working for the past 13 months), then it solves my problem.

My deepest gratutude for the service that you are doing to our community that resides far from our country.

thank you!


p.s. Since my current EAD (employment based) is valid until Oct 2010, in the worst case scenario, can I justify my absence of work on any grounds (by returning to work around that time frame)?
 
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2 misdemeanors, waited 5 years, can I file N400

Hello,
I would like to ask you about my case.
Currently my i-751 is pebding for more than 2 years.
I'm eligible to file N400 (5 yeas residency) to try to move my case along somehow.
My biggest concern is my criminal record. I have 2 simple misdemeanors back in 2004 (shoplifting), never arested, had court dates and got Adult misdemeanor class - finished and both cases were dissmised. I know under immigration law it is still a conviction. I know I'm deportable but not inadmissable(jail time for my case was less than 1 year).
I did not mention my criminal record on my pending I-751, but I just send a letter to amend it and explained that I thought the cases were dissmised.
I also send a certified copy of cuort record.
QUESTION
What are my chances for citizenship. I waited 5 years since my crime is it going to make any difference or I will be deported as soon as I file for citizenship. Then what the point to show that during 5 years prior to application I had a claen record.
Thank you
 
GC - Canada PR

Hi Rajeev, Thanks for your service.

I am on EAD and waiting for GC, just as backup I would like to apply for Canada PR., they require FBI clearance for processing. Question is, if I go for finger printing+FBI clearance will it affect GC processing?

Please advice.

Thanks,
 
How should I continue my GC after AC21

Dear Rajiv,

Thanks a lot for your kind service.

Right now I'm on working full time on EAD and i applied for AC1. Now I thinking of going back to India to take care of my parents, possible for couple of years. Is there anyway I can continue my current GC process without any issues? If so, pl. let me know the process.

Thanks and regards,
rharan.
 
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