Recording for August 15 Conference Call Uploaded

Status
Not open for further replies.
After filing I-485

Rajiv Ji,

From August bulletein, Jan 2008 is current date and I am expecting my priority date of July 2008 to be current soon.

1) Once the I-485 is filed and while waiting to get my green card approved , [can I change the job location and job title to a different organization in the same company ] (in the same month of filling I-485).

I understand after 180 days filling I-485, I can change the employer, by either myself or new employer filling AC-21.

2) When do you think my priority date of June 2008 will be current?
If my priority date becomes current, for how months will it be current?

Thanks,
Arjun
 
GC for parents
I wish to apply for permanent residence for my parents who are visiting USA currently.
The following documents for my parents are available:
1. True copy of memorandum of marriage from the Registrar of Marriages.
2. Birth certificate related documents of my father (Age 75):
(a) Non availability of birth certificate from the Pradhan(Sarpanch) of the village of my father's birth.
The document does not have a date but it is yellowed and shows its age.
(b) Affidavit from my grandfather affirming the details of my father's birth.
3. Birth certificate related documents of my mother (Age 68) :
(a) Affidavit from my grandmother affirming the details of my mother's birth.
(b) High School certificate (in Hindi) mentioning her birth date.

It is not possible to get any more affidavits for birth details as all their elders are deceased.

Please advise whether these documents will be sufficient to file I-130 and I-485 for my parents. Please advise of the fastest way to get a GC for them.

Please also advise if any other documents are required.
 
L1A and H1

Hi,

I am on L1A Visa (Company A) and have applied for H1 COS (Company B). My H1 is still under review and my current employer (A) is filing GC for me under EB1.

Questions:
1. If I want to retain my L1A what are the options?
2. Can we just withdraw H1B COS alone and still get the H1B petition approved? In this case can I continue to work on L1A even after 1-Oct?
3. If I have a approved H1B petition (without COS) can I later make COS from L1A to H1? If employer A denies to file GC in EB1 in last min, can I use this option?

Your response is much appreciated.
 
Parent GC - RFE

Dear Rajiv,

About us:
I am an US citizen and applied for parents GC processing 1 year back with self-affidavit and 10th mark sheet as birth supporting documents. We have received a RFE requesting ‘Non-Availability Birth certificate’ and an affidavit from a close relative.

Please find below RFE text received:

Birth Certificates:
In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living or other close relatives older than the applicant may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant’s birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority conforming that the certificate does not exist or no longer exists.


For your reference:
My father was born in 1942 (currently 71 years old), Mother born in 1948 (currently 65 years) – we have only few older relatives living now.
We are planning to get affidavit as follows
a) For Father – from his big brother (76 years old) who is 5 years older to him
b) For Mother – from her uncle (her mother’s brother) who is 15 years older to her

Question 1:
Wondering do we need to submit affidavit from older relatives who ‘were adults when the applicant was born ? (or) is it ok if they are just few years elder to them ?

Question 2:
How many affidavits from relatives is needed for each applicant? (Not many are alive today)
Do they need originals? Or can we send copies?

Question 3:
If you feel, we need to submit ‘affidavit from adults when the applicant was born’. – is it ok to get them from non-relatives ?


Thanks
Krishna
 
Hi Rajiv,
I really appreciate your service and help you are doing on the immigration issues.

I was working with employer A until September 2010. My priority date with employer A is october 2008 and have a valid I-140. Around September 2010, i moved to employer B.

i) Can my employer A file the I-485. As am not working with him now, will it be an issue.
ii) Do i need to have an valid H1B with Employer A to proceed with my I-485?
iii) Is this process an RFE prone? Will i encounter any kind of issues during this process.
iv) When is the best time to move back to employer A
v) Also if my employer B starts my Green card process and port the priority date, Will employer A still has the authority to file i-485?

Please let me know.

Thanks,
KC
 
Hello Rajiv Sir,

Firstly would like to appreciate you for the free community service.,

I have below question.,

I have Valid I 140 from Company 'A' under EB3 (PD - Dec 2009) and Now my new company 'B' Started my green card under EB2 and Labor got Approved.

So the Question is when do we need to port my previous company 'A' Priority Date which was under EB3, is it at the time of New Company 'B' I 140 Submission or 485 submission - Which is the best way.

Also do we need to reveal any information at the time of submission of my labor(which got approved and as per my employer he has not revealed any thing at the time of labor submission)

Can you please advise me at your earliest as my company is not showing the interest to get my date ported.
 
Currently I am working with company A on L1A status. I asked one of the consultant to file H1B petition. He filed H1B with COS and I-94. The current status of H1B is " Initial Review".

Now, I do not want to join the consultant rather I want to maintain my current status i.e. L1A and continue to work for company A.

I asked my consultant to withdraw my H1B Petition and it seems he is not willing to withdraw the H1B Petition. He is just lingering on with the time so that H1B Petition gets approved.

Questions are:

1) As I do not want to join the consultant now or in future, will my status be changed from L1A to H1B after 1st Oct'13?
2) if answer to question 1 is yes, Is there any other option with the help of which I can prevent my status to be changed from L1A to H1B and continue to work on L1A?
3) If H1B petition is approved and I do not join the consultant and the petition remains open then is it going to impact on further visa or green card processing with USCIS?
 
I entered US on L1B visa from company A which was supposed to get expired in Jul'13. My current employer(Company A) filed L1B to L1A conversion with I-94 in Jul’13 before the expiration and it is now approved.
I asked one consultant to file H1B for me in Apr. He filed H1B with COS and I-94 from L1B to H1B( as I was on L1B in Apr'13). My name got selected in lottery and the current status of my petition is Initial review.
Now my questions are:
1) Will my H1B be approved (since my status changed from L1B to L1A)?
2) If answer to question 1 is yes then will it change my status again from L1A to H1B after 1st Oct’13 as I am not willing to join the consultant now or ever in future?
3) If answer to question 2 is yes then how can I continue on L1A status as the consultant is not willing to withdraw his H1B Petition?
Thanks,
 
My six years of H1B will be completed in a month but I got one year of extension on my approved Labor (so my H1B Expiry date is 10/14). However my I140 denied today because my qualification doesn't suite for Job.

My qualification is 3 (Batchelors in Computer Science) + 2 (Masters in Computer Science) + 9 years of experience in same computer science subject area.

Job Minimum level qualification is Masters + 1 year experience as per my labor certificate.

My lawyer evaluated my education as 3 + 2 + 3 years of my experince as one year of education made that as Masters degree.

My questions are:

1. Can I transfer my H1B (13 months) to another company and start new Labor?
2. Can I file new I 140 with expired Labor certificate from the current company again?
3. What is the best option out of applying new I 140 from current employer, MTR,AAO or appeal?
4. Is my Education really qualifies for Master + 1 Year?
 
Current Status => H4
Valid Till => 20 Oct 2014
I - 94 => 28 Sep 2013 [ They gave till this date as my Passport is valid only till Sep 2013]

Then I got a new passport and applied for H1. I got the approval notice.

H1's I - 94 => 1 Oct 2013 Till 20 Sep 2016

My question is,

If I go and extend my H4's I 94 for 2 days (Sep 29, Sep 30) then do that requires H1 amendment?
 
I entered US on L1B visa from company A which was supposed to get expired in Jul'13. My current employer(Company A) filed L1B to L1A conversion with I-94 in Jul’13 before the expiration and it is now approved.
I asked one consultant to file H1B for me in Apr. He filed H1B with COS and I-94 from L1B to H1B( as I was on L1B in Apr'13). My name got selected in lottery and the current status of my petition is Initial review.
Now my questions are:
1) Will my H1B be approved (since my status changed from L1B to L1A)?
2) If answer to question 1 is yes then will it change my status again from L1A to H1B after 1st Oct’13 as I am not willing to join the consultant now or ever in future?
3) If answer to question 2 is yes then how can I continue on L1A status as the consultant is not willing to withdraw his H1B Petition?
 
I work for an organization as a full time so I have a non-cap exempt H1-B. Now I have a offer from a non-profit organization so my H1-B which comes under non-cap exempt H1-B will be converted to cap exempt H1-B. In that process I have a couple of questions.


1) If I start working on the cap exempt H1-B and down the lane if I want to come back to my existing non-cap exempt H1-B will I be able to do so. I mean to ask now if I transfer from non-cap exempt H1B to cap exempt will my existing H1-B(cap exempt H1B) still be valid or should I apply a new H1-B in that new year quota.


2) When in regular H1-B (cap exempt) we have a limitation of working on H1-B for only 6 yeras in USA does that same rule apply for non-cap exempt H1-B.
 
Status
Not open for further replies.
Top