Recording available for Sept 30 Conference Call

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monica1

monica1

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Recording available for download for Sept. 30 Conference 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: OCT 14, 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 am a Canadian Citizen working on H1-B visa. My wife is Canadian Citizen and is on H4 visa.
I want to open a LLC where I will be a passive partner/ investor with another LLC members.
I will not actively involved in day to day operations of Bussiness and will not take any pay roll from the Bussiness.
Only my partners will handle day to day business.
Can I put my name as partner of LLC when we register a LLC?
Can I put my wife's name as a partner instead of my name?
What other things I need to take care while doing partnership documents?
I really appreciate any help with this topic and Thanks for your valuable service!
 
Hello Sir,
Thank you for taking time to provide your valuable comments and would like to clarify the following query:

My Situation: My wife had a H1 B VISA stamped (H1 B Petition expired on May 2009) from her previous employer .However, she never entered US on H1 and she resigned her job during August 2008.Later, she entered the US on H4 visa and hence her H1B Visa was marked - "cancelled without prejudice".She is currently in India and planning on pursuing H1B visa through a different company.
Given the current situation, would she fall under NEW H1 quota (in April 2011 ) OR can she use the same H1B petiton # filed eariler and transfer to another employer at anytime?
Once again, Thank you for your valuable time and service.
 
Khanna ji,
Thanks in advance for this opportunity at your forum. Please bear with me as I have a very loooong & complicated query:

I'm a physician in-training with following H1B visa history WITH THE SAME EMPLOYER/ HOSPITAL:

1) july'04-june'07 : 3 yr residency training (Internal Medicine)... similar to MD in India
2) July'07-june'08: 1 yr job (as a hospitalist)
3) July'08-july'11 : 3 yr fellowship training (Hematology/Oncology) ONGOING... similar to DM in India;
4) aug'09: GC application for PERM
5) april'10: PERM approved
6) july'10: I-140 approved

I got the 7th year EXTENSION on H1B as an exception from the hospital (to allow me to complete the 3rd year of training) with a GC sponsorship in AUGUST '09 using the "TIME RECAPTURE CLAUSE", with an agreement to "payback" after fellowship completion, by working as a HOSPITALIST for atleast 1 year, instead of working as an oncologist freely wherever I prefer. I obviously am concerned about being "out of touch" with my field of specialization (which is rapidly changing/ evolving) for the duration of my employment as a hospitalist and am exploring the option of having 2 jobs simultaneously with different employees.

My questions are:
1) Can I work as both a "full time" hospitalist with this hospital & as a "part time" oncologist with another employee? (I suspect the answer is yes.)
2) If yes, LEGALLY SPEAKING, whats the MINIMUM # of hours/week that I need to work for the hospital in order to qualify for "FULL TIME" criteria to satisfy the GC sponsored job requirement.
3) If the hospital, as a favor to me, offers to let me "off the hook" without withdrawing the original GC petition, could it potentially be a problem with USCIS in the future in case of a random audit? I did work for them as a hospitalist for 1 year BEFORE my GC application was filed & worked as a trainee (different that the sponsored job description) for 2 yrs while GC application in progress.
4) If working simultaneously as a "part time oncologist" with the 2nd employee, could I have them sponsor a 2nd GC for a future "FULL TIME" oncology job offer?

I apologize for the lengthy & potentially confusing post & will be more than happy to formally consult over the phone if you recommend (I have already emailed your staff earlier today).

Sincerely,
Praveen Vashist
 
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Green card through Permanent resident mother.

Hello Sir,
Thanks for taking the time to read my question. my mother is a permanent resident for about 3 years now. she recieved her green card in 2007 and she applied for me in october 25th 2008. im currently on E2 visa. i recieved an approval notice about a year or so ago. yesterday as i was searching for my case status by luck on uscis.gov site i see that the processing times has chaged to only 5 months!!!! could you please tell me what is my next step?? i would really appreciate it.
Another questions is, my mother goes over seas for about 6 monthes every year, and she comes to stay with me here in the US and i pay for all expensis and i claim her on my taxes. she doesnt work or make any income so she didnt file any taxes. would this hurt my application?
Again, Thank you very much and looking forward to hear from you soon.

M.E:)
Biz009@live.com
 
i would like to ask another question aswell.
i have a brother who is a US citizen, and he also applied for me in 0ctober 2006. i also recieved an approval notice in the mail. when i checked the status on uscis.gov site i see that they are now processing september 1st 2006. how long do i have? could you please advice me with what should ido next? will having 2 applications from my permanent resident mother and my us citizen brother hurt me? Thanks
 
Dear Mr. Khanna,

My question relates to how I can continue to be eligible for Citizenship.
Context- I am a Green card holder since about an year (got it per EB1- MNC mgr category). My wife and son are in India and could not not complete the green card process before their return to India. I have applied for them under the following the join category, and the process is in progress for this. I now wish to go back to India for some time (about 2 years) to be with my ailing parents as well as wife and son. However, I do intend to become a US citizen
Ques1- What should I do to ensure that I stay eligible for citizenship and return ?
(e.g., a) going on a transfer to India from my company vs leaving my present company and joining another Firm in India, b) getting a Resident freeze form filled up before I leave US, c) purchase any immovable property to show my inclination to become a US citizen- I have a car, but stay on rent- should I buy a house here)
Ques 2- should I complete the following to join process for my wife and son as well? (cons- they will also then need to freeze their green cards to stay in India- On the other hand can I apply for their green card again upon return to US after 2 years?)
 
Dear Mr. Khanna,

My question relates to how I can continue to be eligible for Citizenship.
Context- I am a Green card holder since about an year (got it per EB1- MNC mgr category). My wife and son are in India and could not not complete the green card process before their return to India. I have applied for them under the following the join category, and the process is in progress for this. I now wish to go back to India for some time (about 2 years) to be with my ailing parents as well as wife and son. However, I do intend to become a US citizen
Ques1- What should I do to ensure that I stay eligible for citizenship and return ?
(e.g., a) going on a transfer to India from my company vs leaving my present company and joining another Firm in India, b) getting a Resident freeze form filled up before I leave US, c) purchase any immovable property to show my inclination to become a US citizen- I have a car, but stay on rent- should I buy a house here)
Ques 2- should I complete the following to join process for my wife and son as well? (cons- they will also then need to freeze their green cards to stay in India- On the other hand can I apply for their green card again upon return to US after 2 years?)
 
I-140 Denied.Can the same Labor be used to refile I-140 again

Hi Rajiv

My I-140 got rejected with a reason that states my education credentials requires advanced degree.Even though i have a post graduation in computer science not sure how USCIS concluded to reject the application. But on the denial notice they mentioned that i only have 3 bachelor's degree.Could this be the case where attorney didn't put things together correctly because i do have a post graduation which is not mentioned in the denial notice.
My attroney says we need to do an extended education evaluation.

Few questions: The one month time period given to appeal the I-140 is already over.Also its been more than 6 months since my Labor application is approved,I want to know how can i still use that approved Labor's petition date (i heard from someone that I-140 should be filed within the 6 months since Labor is approved)? Is it possible to use that existing approved PERM date and file a new I-140 again?Or do i need to start the GC process all over again including the from Labor refiling.Is the approved labor is of any use now considering the I-140 is denied.Also the same job is still available with my employer.

Thanks!
 
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485 denied.. EAD still valid

Hi Rajiv,

I am working on a EAD that I got through my wife's GC process (she is still working on H1 even though she has EAD). We knew her GC may have problems as her I-140 was denied and was in appeal for a long time. So I filed a brand new GC for which PERM and I-140 was approved and I just filed new 485/EAD/AP as my PD date is current.

We just came to know that our 485 was denied that was filed through my wife's GC process. However the linked EAD was not denied.

My question: Can I still work on my existing EAD as it has not been denied? If I do work, will it have any issues with the recent 485/EAD/AP application that I just filed ?

Thanks,
 
Hi Rajiv
Under EB2 category my I-140 is approved and as this category is not current, I-485 cannot be filed. Under this situation can I change my employer? Or take advantge of AC21?
Thanks
 
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Hello Rajiv ji

Thanks for the community service.

My current Situation:

I went for Stamping for my 3rd H1b Renewal in Delhi and was Denied visa under Section 221(g). I had Advance parole which I didn’t renew before leaving US and now I am stuck in India.

I applied for I-485 in 2005 when it was current.

I also own a home in Chicago, IL


My questions are:

Question #1. What happens to my I-485 application?

Question #2. Shall I apply for new B2 or H1b (what is recommended)
If I apply for B2 visa and When I am asked by the consulate that “Why I want to travel to US”

Do you suggest the following Answer: I have a buyer for my house and that is the reason I would like to travel back or do you suggest any other valid answer.

Question #3. If I travel on new B2 or H1b, would there be any impact on my I-485.

Question #4. If I do get back to the US somehow, can I still re-apply for advance parole?

Question #5. Can I apply for EAD and Advance Parole from India?

Thanks,
JC
 
US Citizenship question

Hello Mr. Rajiv,

My wife applied for her citizenship on 6th June 2010. She got her fingerprinting done on 27th July and received the yellow letter from USCIS on 5th Aug. However, it has now been close to 2 months and there has not been any further correspondence from Houston DO.
What should we do?
PS: This is our second application for N-400. Our previous appln was rejected since we applied 3 months too soon. Can this be the reason for delayed response from DO office?
Please advise
 
My priority date is March 2006 (EB-2 category). I have an approved I-140 but 485 has not yet been filed. PERM was approved for a software engineer role but I am currently in a non-technical role and hence the company is not ready to file my I-485. My current H1 expires in March 2011 and the company will not renew it till I move to a software engineer role. I am finding it very diffcult to find a software engr role as we have had multiple rounds of layoffs.

1. Am I too late to file for a new PERM with a new company and still be able to extend my H1 after March?

2.If I am able to find a new job and they file my PERM, is there a way for me to extend my H1 that expires in 5 months?

3. If my PERM is approved, am I eligible for !-140 premium processing? (I am on my 10th year H1 currently having had multiple extensions based on an approved I-140) If I do not have an approved I-140 by March 2011, do I have no choice but to leave the country?

4. If I am not able to find a job within US and have to leave the country for a year and come back in, can I still port my priority date to a new application at the I-140 stage? Bottomline, is there an expiry date on the approved I-140 I have?

5. If I enter the country after a year when the clock is reset, will I be subject to H1-B quota?

thanks for all your help.
 
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Hello Mr Khanna,

Thank you for providing this great service.

I have done H1- H4 last year because of the market situation. Now as market is improving I have applied for H4-H1 in regular process with the same employer.

My questions are,
1. Is it safe to change it to Premium as in regular process, it is 3 to 4 months waiting currently. If I apply for Premium are there any chances for query??
2. Since I have applied COS for H-4 to H-1, can I work ? So can I be on payroll?

Please advise.

Thanks
 
Hello Mr.Khanna
I need your advice on this regard.
H1 Filing Details:
valid from 11/03/2006 to 09/24/2009
Permanent Employment Certification - approved on 12/22/2007
for the full time position of DATABASE ADMINISTRATOR
My current priority date is 12/22/2007 on EB3
I-140 Filed and approved on December 8, 2008
My H1B 6 year period expired on 09/24/2009 -
3 year extension approved VALID UPTO 09/24/2012.
I have a
3 Year Degree B.Sc Mathematics
2 Year Master Degree (Software ************)
1 Year Certificate on Programming

I can also get Progressive experience letter from my current employer since, I am now working as Sr.Project Manager - Database and Business Intelligence/Data warehouse solution. (US experience 2006-2010)
I am in the process of transferring my H1B to new employer.
I have 3 latest paysubs and last one received on 13th Sep.
I already informed my company (We have very good working relationship) that I want to have a smooth exit from the company. They ready to provide any supporting letters.
I have identified a company willing to do my H1B Transfer.
Let me know the procedure for transfer and also how to move my Eb3 status to eb2?. The company wants me work as a Sr.Manager. What Job title should I use in order to protect my PD and move my Eb3 to Eb2. What are the steps involved?.
I want to do my H1B transfer at the earliest. How much going to be cost to the company for my H1B transfer, Priority Filing and porting for my GC - AC21 and filing for Eb3 to Eb2. How much time take for each process?

Regards
Anantha
 
Partime job after I-485

After 180 days of I-485 filing date, Can a H1B visa person work on part time job in addition with his regular full time job ?

In case if she/he goes out of status because of "unauthorized employment for more than 180 days", will going out and coming in with a valid visa nullify the problem ?

Thanks,
Mohan
 
Sri

Hello Rajiv,

I have been working on EAD at one of my company’s client location in “X state” as programmer past few years, where I own my home.

I will be moving to “Y state” soon for my personal reasons, and would like to work from my rental home (may be 12 months or more), which is fine with my client.

Currently client does not have any office location at “Y state.”,
My questions are:

1. Is there any legal restrictions working on EAD from home office?
2. Should I change my temporary address on my payroll (Y state) OR (X state)?

If both options are not possible, please suggest any other alternate.

Thank you

Sri.
 
Hi Rajiv,
Thanks for your time and advice. My question /concern for you today is with regards to my I-751 interview to remove conditions. We got called for a second interview and it did not go too well. A little background first...

1. My wife and i are currently coming to the end of our 5yr marriage due to personal marital problems as well as professionally related.
2. My wife is an American citizen and she petitioned for me to receive the benefits for permanent residency.
3. We dated a year before we got married ( Met in the fall of 2004 and got married Nov 15th 2005)
4.Filed for permanent Residency summer 2007
5. At the time we got married my wife was a student in college and i was enrolled in grad school part time. She wanted to continue staying on campus because it was within walking distance of all her classes.I stayed off campus in graduate student housing. However weekends, breaks and holidays we stayed together.
6. After her graduation she got an apt and i was no longer enrolled in grad school(so i was no longer eligible to stay in graduate student housing) and had started working with a biotech company so we stayed together at the new apt. Apartment was really small and i wanted to move...got a bigger apt (Feb07) and moved in two months later (Apr 07)
My wife was still on her lease which would not expire till august so she could not just up and leave...however there was a huge flood that inundated a good portion of the city that year (Iowa city) in June so she was able to leave the old apt and join me at the new address before August expiration of the lease. We stayed at this address for the next two years.
6. When she first moved in June her name was not on the lease, reason being that we were trying to pinch our pennies and save a little extra money since an extra name on the lease would cost an extra $50.00/month. However my wife was worried about parking and all that, and since it was only $50.00 extra we decided it was not that big a deal. She was added to the lease feb08.
7.Immigration officer at the interview was convinced all the lease documents were forged which is complete nonsense...the property management company would easily verify that and also graduate student housing for the university because we had both our names on the leases. The dates were not continuously overlapping because of moving etc..and trying to save extra money.
8. We did not commingle our finances because my wife considered me irresponsible with money and wanted to protect her financial health till i improved my fiscal habits. We had a joint bank account (3yrs old) that was largely inactive because of the above reasons. No joint credit cards becuase i am paying off delinquent cards...no joint life insurance because my wife did not want to be on my policy due to her expectation of thinking she might be in some way responsible for co payments or deductibles. However she is on my life insurance policy ...lots of bills and mail coming to our joint address and previous addresses. Domestic bills are in my name (utilities, cable..etc) because i pay for those. We filed our taxes separately because that's what my wife wanted for the same reasons.
Long story short the interview was quite horrible especially for my wife. The officer accused her of forging documents, taking money from me as payment, and even tried to tell her that she was lying when she told the officer that we have been exclusively together for six years and there are no other women in my life. My wife came out crying. My wife's interview took about 20-30minutes and mine was about 5-10 minutes. the officer just asked me some generic questions about how long ago we met , what was my wife's major in college and when we got married. she declined to see photo evidence of us as a couple and just basically said i was not a credible person for no apparent reason. We were told that we would get a reply in 30 days and we had the interview in april. Its now Sept and i believe in Mid October (16th) my one year extension from my receipt notice is expiring.
What are my options? If i get denied would i still be able to keep my work benefits during the appeal process?
My wife and i do plan to appeal this. Also a divorce is inevitable, my wife has moved to Chicago which is 3.5 hrs from me and is going back to school for a MBA. Should we withdraw the petition and i refile the I-751 requesting the waiver due to the impending divorce? The immigration officer threatened my wife with jail time and fines. Is it an immigration and federal crime to have marital problems???
Thank you sincerely

KO
 
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