Recording available for Sept 27 Conference Call

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monica1

monica1

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Recording available for download for Sept 27 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: Oct 11, 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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Green Card Holder marrying a F1 student visa holder

Hi,

I am a Green Card Holder. I want to marry someone who is on F1 Student Visa. Her visa is good till 2016. But her Masters degree will be completed in December 2012. I am planning to file her Adjustment of Status soon after marriage. I have following questions:

1. Once I file for her Adjust of Status (I-485), Will her F1 visa still remains valid.
2. Can she leave her education after marriage. Will there be any impact on her F1 status by doing so.
3. Can we marry outside US and register our marriage later in US OR it will be good if we marry in US.
4. She is in other state. Can she take admission in MS in my state and continue her education while we wait for her Green Card.
5. Any valuable input you would like to give in this regard.

Many Thanks.
 
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Unused expired H1B Transfer

Hi,

I had an H1B approval through Company A and the dates shown on I-129 are.

Receipt Date - April28, 2007
Notice Date - May21, 2007
Valid from 10/01/2007 - 09/15/2010

However I can see the status against my receipt as Initial and someone has told me that I can get it transferred to my another Company B (Current employer) since I never used this visa.
Please note I never travelled to US on H1B in this period.

Can you please tell me :--

1. If this is valid, can be revived and transferred to another employer?
2. For how long will I get a revivial?
3. Under what clause?
4. What are the chances of rejection if any?
5. How long will it take to do the same?

I will sincerely appreciate your help.

Many thanks
pkjindal
 
What is my status on Oct 1, 2012

Company A, L-1B valid till January, 2013

1. L-1B to H-1B (Company B) COS filed in April 2012 and COS was approved in May 2012 with Effective date Oct 1, 2012 (with new I-94 card).
2. L-1B to L-1A (Company A) COS filed in July 2012 and COS was approved in Aug 2012 with Effective date Oct 1, 2012 (with new I-94 card).

What will be my status on Oct 1, 2012

Thank you,
Kiran
 
Need help!

Hello.
I'm Brazilian citizen and have relationships with U.S. citizen for 7 years and we got home in Brazil.
In this whole period, both live traveling between Brazil and the United States with a tourist visa.
Now in 2012 we decided to live in the United States because of his work.
I entered the United States on March 8, 2012, we were married on June 29, 2012, in Texas.
I can not understand if I fill in a form I-539 to change my B1/B2 visa for K1 or if my husband must complete a Form I-130.
My visa expired on September 7, 2012 and with the change of parents, marriage and everything else did not realize the date ending.
My husband thinks it is no problem but I am very scared because I think for the first time in my life, I'm in another country illegally. I need to resolve this as soon as possible.
If you know anything about this issue or know of a site that can help me, I am very grateful.
 
H1b Employer address change

Iam on H1b working for a Employer(Located at Location A) at a client location B.
I have a H1b & LCA which has Location B as my work location.
Now my Employer Address has changed to Location C
and Iam continuing to work at Client Location B.
a) Should any filing need be done in the above situation.
ie: Whether a new LCA/H1b Amendment needs to be filed?
b) I have a pending I-485 .
Do I need to do anything because of the Employer Address Change?
Thank you.
 
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Moonwalking on EAD

Dear Mr. Khanna

I have applied for 485 (EB2) and have my EAD. However, the company also applied for H1 extension and it is approved.

I have got an offer to work as a part time (after work) faculty in an educational institute. My employer is fine with it.

Question:
If I accept the offer using my EAD, do I need to switch to EAD for my current H1 sponsoring employer as well ? In other words, do I loss my H1 status if I use EAD for a second job ?

One additional question --

I read in your blogs that for 3 year Bachelors + 2 year Masters there is high possiblity of NOIR (for EB 2) even during 485.

I have 3 year Bachelors + 3 year Masters both from recognized Government university in India. My PERM says Masters + 2 years experience. Are there risk for NOIR/Denial ?
 
Asylee Green Card holder applying for citizenship

Hello Rajiv Sir,

My friend's father came to the United States and filed for asylum in 1996, and he filed for his family. The family came here in 1997. (My friend was 9 years old) My friend received his GC in April of 2003. (My friend’s father has not received his GC but has been working on EAD) My friend's GC is up for renewal in 2 years but he would like to apply for citizenship but has a few questions:

1. Can my friend apply for his citizenship even though his father has not been granted GC yet?
2. Should there be any issues when they process his application and see that his father has not granted his GC yet?
3. Is there a possibility of citizenship application getting denied because of the above?
4. If the application is denied, can it be re-appealed? And what other options does he have?

Thank you for doing such great community work. God Bless!
 
I-485 filed without I-140 amendment; Clarification needed regarding I94 number

Hello Rajiv ji

The company that I work for and it's sister company that filed my green card were acquired by (merged with) a new company when my I-140 was pending (which was approved later on). My I-485 was filed by the new company using the same approved I-140 (with out an amendment) along with the successor in interest documentation. My attorney and my new employer insists that there is no need to amend the approved I-140. My EAD and AP are now approved. Please advise in regards to my pending i 485 application.

The number on the I94, that came along with my H1B extension approval notice, is based on my old I94, as i traveled to India for a family emergency when my H1B extension was pending. This I94 number also continued on the I94 (still valid) that came along with my H1B transfer approval notice that was filed later on. My company attorney says that it is not an issue as it is the last issued I94 even though it has the I94 number different from the one issued at the POE during my last entry in to the country. Please advise on my situation.

Thank you so much for your amazing and unbelievable service.
 
Wrong spelling of name on birth Certificate, Please Help!

Hi,
I recently applied US citizenship here in San Diego and I am waiting for my interview date now since I already done with my biometrics. When I get approve, i want to sponsor my mom but I saw my birth certificate that her name is misspelled. The correct spelling of her name should be Sisenia M. Desabille but it is written on my birth certificate as Sisenia M. Desavelle. And my name is Edna Desavelle Mulle and my Desavelle is also misspelled but I am using my misspelled Desavelle when I applied for US citizenship. I don't know if I should really change my wrong spelling name or just use it for my mom's sponsorship and change her's? I am really confused, please help!
 
New Job - H1 & EAD

I'm currently working for a MNC company on H1 (7th Year), who sponsored my Green Card (Priority Date Jan 2010). Currently, I have a valid EAD (which expires in 6months) and I-485 has been filed and remained pending for more than 180 days.

I got a new job offer in another MNC, who are ready to do my H1 and support the GC process.

Question 1: My current Job role is X with a base salary of 86K and my GC was applied for future job Y with a future base salary of 110K. Can I join a new job with similar job roles but the Job title is changed & I have a new base pay of 115K. Do you see any issues?

Question 2: What are the applications/Tasks I need to perform when I move to the new job?
 
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Citizenship

I got my greeen card in 2007.
I moved twice after that. I did not update my address with uscis.
Now I have applied for citizenship and completed fingerprinting. all the mails are coming to the correct address.
will there be any problem during interview? I am seeing some messaged in internet my citizenship will be rejected.
What can I do to prevent any issues?
 
I sponsored my husband in oct 2009 I-485 and it was denied( we had interview as well) due to misrepresentation . He had entered in USA through visitor visa. we filed for motion to reconsider or reopen in 2011 sep our case was reopen and they asked us to file for Waiver but our attorney suggested for us to file another motion which we did in 2012 feb and still waiting for response from USCIS. I have daughter from my previous marriage and she is not allowed to travel over sea and I can't live with husband if he were to be deported. My attorney thinks that we don’t have strong case to file for waiver. we are stuck my husband don't have any legal status for 4years he can't drive or work. I don't understand what to do at this point. should I file the 485 again ? any help or suggestion?
 
Questions from Herguan University Students

Hello Rajiv Ji,
Sorry for the delay in sending our questions. I met our college attorney the other day. I was able to converse with him over the issue. He mentioned that you both had a chat over the same. He is requesting help from students in filing a lawsuit for what students have underwent on Sep 18&19 when ICE published termination of students SEVIS access and then the following day the notice was rescinded.
Here are few potential questions which I could think of.
1. Where do you see us standing at point of time.
2. What could be the next proceeding from ICE(ICE attorneys have taken charge now as SEVP has made some serious mistakes) and university.
3. What are the potential issues students might face.
4. During this tenure would OPT and OPT extensions would still be processed.
5. For the above said Lawsuit do we need any agreement or any other paper work to be signed between Attorney and Students.
6. Now that we have some time to breath and all Students on the same page, what can be done (like pressuring US & India media, talk to consulate generals, writing letters ICE with your help etc).

7. Can you please describe your conversation with our schools attorney?
8. We were told that SEVIS, ICE raided our college after H.R.3120 was approved. We were also told that every school would get around 3 years’ time before the bill is effective. If we are not wrong this bill was introduced on Aug 1st 2012 and on Aug 2nd 2012 ICE raided our college for the first time. As per our understanding ICE had ignored the 3 year time line which was mentioned in the bill.
http://www.gpo.gov/fdsys/pkg/BILLS-112hr3120rh/pdf/BILLS-112hr3120rh.pdf

9. Some students have a valid visa which is valid until 2015. In case something happens to the University. Can such students obtain an I-20 from another school and come back with the same Visa or do they have to go for stamping again.
10. Our schools attorney is suggesting all the students to file a class action law suit against ICE, SEVIS. Can you please explain us the implications for such a law suit?
 
Dear Rajiv

I filed a petition for my dad(IR-5) in May 2012. It was approved by the USCIS in July 2012. A received a notification a month later about a fee I had to pay, It was the AOS fee. It was accompanied by instructions on how to fill out form DS-3032. I proceeded to pay the fee and send the form electronically. I received a response within 10 days. A second fee was generated(IV FEE). I've been doing a lot of reading and research on this Affidavit matter and I still have doubts on whether fill out two I864(one for me, one for my mother), as my mother is willing to combine her income with mine as a household member to sponsor my dad(they got divorced 10 years ago) or do we have to fill 2 individual I864 form and in that way she becomes a joint sponsor. What is the correct form for this case? It's me my 2 sisters and my mom living at the same place, my 2 sisters are under 21.

My second questions is: Once the AOS package is reviewed by the NVC, if I stated my annual income as 0, would I really get in trouble as I am currently in college and I am working a part-time at a community church and my annual income is about 7k? Or do I have to state everything as it is so to avoid a possible problem? I am 21 already but I appeared as a dependant on my mom's last federal tax return.


Thanks in advance for your help
 
Herguan student OPT to H4 Change of Status

Hello Rajiv ji,

My wife was a student of Herguan University and she is currently on OPT valid until March 2014. Since SEVP is adjudicating 'Notice of intent to withdraw' of Herguan university as per their update on September 19th, we applied for her COS to H4 on September 22nd.

Also, we are expecting and the due date is in January.

Following are our questions:

1.What will happen if her OPT is terminated before we get the EAC receipt number for change of status to H4? What will happen if her OPT is terminated after we get a EAC receipt number?

2.In worst case situation, if her OPT has been terminated and her H4 gets rejected, what options do we have? Is there any grace period? Can we apply for H4 again through Nunc Pro Tunc?

3.What are the consequences if she overstays for a certain period of time in US(i.e. until January) even when her OPT is terminated and H4 application is rejected and then leave to India?

Thanks a lot for helping.
 
Two I-140s Approved. Worked for the same company. EB3 - PD 10/2003 and EB2 - PD 08/2011 (India)

Hello Rajiv, I have two I-140s approved (EB3 I-140 PD - 10/2003, EB2 I-140 PD - 08/2011). I also have two I-485s pending and still I have not received my GC. Could you please please help me? I am willing to take your service and get the GC. Below are some of my questions.

EB3 I-140 PD - 10/2003 (India). I-485 pending from July 2007 at TSC.
EB2 I-140 PD - 08/2011 (India). Filed new I-485 TSC pending from Feb 2012 and also wrote the interfile letter as well.

1. My PD is current in October 2012 visa bulletin and I need to get the GC. My Finger printing is done and I am just waiting for the GC. Is there anything that I can do to expedite the process? Can you help me do the enquiry and help in getting the GC?

I have H1B, EAD and AP and waiting to get the GC. Please advice. Thank you so much.
 
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