Recording for August 15 Conference Call Uploaded

Status
Not open for further replies.
monica1

monica1

Administrator
Staff member
Recorded answers for August 15 Conference Call will be posted by Friday or earlier.

Conference call is uploading and is available here: http://youtu.be/5Ni3JExtns4


[video=youtube_share;5Ni3JExtns4]http://youtu.be/5Ni3JExtns4[/video]


----------------------------------
Conference Dial-in: : (202) 800-8395
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: August 29, 2013

-----------------------------------------------------
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.
 
Last edited:
Non-capped to capped h1b visa transfer ( with a valid H1B capped petition)

I have an offer from some small consulting firm from US, lets refer it as AA. They had filed my H1b visa this may 2013 ( through the lottery h1b process ). My H1b I129 petition is approved by USCIS and i am now only left with stamping on my passport from the US counsulate in India. I do not want to stamp AA's visa on my passport as I do not want to join the company AA.

I have another offer from some non profit organization/university, let us refer it as BB. As this is a non profit organization they do not have to go through lottery process, they have also filed a H1B visa for me as this is a non capped h1b. I want to get their visa stamped on my passport and I want to join the company BB.

Now my questions are

1. Once i join BB, than in future can i change from a non-profit organization ( BB ) to a profit organization? As you know the BB company's filed h1b visa cannot be transferred as it is non capped. As my AA's petiiton is already capped and approved can i use the same petition to do a h1b visa transfer from BB to some profit organization ( like AA but not AA )? I am a bit confused here, can somebody clarify this in detail here?

2. Can you also let me know, does my AA's approved capped I129 petition ( filed by AA but not stamped on my passport ) has an expiry period? i.e, Once i move to US using BB's stamping and than with in how many months/years i can move from BB ( non profit org ) to some other profit organization using AA's approved petition?

3. Do you see any risks in such transfers from non profit to profit organization with a capped h1b petition? or it is just a normal transfer process with the right paper work? Can you also let me know what are the mandatory H1b related documents i need to collect from the capped profit employer right away so that i do not have any issues while transferring from non profit to profit org transfer in future?

4. In my case once a capped h1b visa petition is approved and i do not go for the stamping the company filing the H1B visa could withdraw the capped petition. Will this have any impact on my transfer from non profit organization to profit organization in future?

5. My wife is pregnant 18 weeks now. My non profit H1B stamping is due to happen within a week from now in india. I would like to stamp my wife's H4 visa when i go for my H1B visa stamping. Do you any issues due to my wife's pregnancy that either my H1B visa stamping or her H4 visa stamping is rejected? Due to see any issues here?
 
Last edited by a moderator:
UNVA Student H1-B picked in lottery but denied due to accreditation

Hello Rajiv ,

I graduated from UNVA in 2011 and I have been working through a consultancy since Jan 2012 on OPT and currently on OPT Stem Extension(which expires on Dec 2013 ).

I have applied for H1-B this year but got denied with reason by USCIS as UNVA has no accreditation to apply in Master's Quota. Now that UNVA closed and hasn't stated anything about SEVIS i am not sure what my options would be.

Here are the few questions that i have in mind:

1) How to check if the SEVIS is still active? who to call? will i get any notification from USCIS in case OPT Extension is revoked?

2) can i work legally until my OPT extension expires(Dec 2013) ?

In case SEVIS is cancelled can i still transfer or join in a University.. how much time will i be having to do so.

3) How come USCIS approved my OPT and OPT extension but not H1B? should they be aware that University has no accreditation during the OPT approvals?

Any suggestions would be greatly appreciated!

Thanks.
Durga
 
I - 94 issue

Hello Rajiv

Below is my case description,

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,

So just for these 2 days (29th and 30th Sep 2013), What are the options do I have?

1) I can approach the local USCIS (field office is located in downtown sandiego) and extend my H4's I-94 for 2 days?

2) I can travel to Canada / Mexico to get the new I-94?

3) Even If I do any one of the above, in the approval notice they stated that the petition and change of status have been approved.
So after 1st October can I start working or do I need to get H1 stamping in my home country to start working?

Please advice
 
Hi Rajiv good day

I apply asylum from seattle WA
Application received date january 18 , 2013
Finger print notice date January 22, 2013
Biometrics taken January 28 , 2013
Waiting interview date for the last 196 days .

My problem is I lost my passport before my biometric finger print taken .i already inform police department I have case number .

My question is during my interview it will be any problem ?
Please advice .
Thank you
 
PERM denied after Audit, MAXING H1B on Sep 30, 2013 .. My Options?

Dear Sir,

I applied for PERM through my employer (a consulting firm) last year and my priority date was July 11, 2012. My PERM went into AUDIT and I just came to know this week it has been denied. I have lass than 2 months before I complete 6 years in H1B.

My employer/attorney is getting ready to appeal the denial and file for my 7th year H1B extension. What are the chances the H1B extension too gets denied? My employer wants me to file a new PERM through them, but I'm skeptical about trying through them again. What other options do I have to safeguard that I don't go out-of-status in case even the H1B extension gets denied? Should I find another employer willing to file Labor for me?

Thanks,
ARC
 
EB3 - EB2 Porting

Hello Rajiv,

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, is it at the time of I 140 Submission or 485 submission.

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.

Thanks for Help.

-Raj
 
Hello Rajiv sir,

Does the federal law allow H4 to buy/participate in any US lottery games? Is it true that lottery cash prize is considered passive income and thereby the law allows H4 to contest without breaking any legal rules?

Regards.
 
H1 Approved but change of status from H4 to H1 denied

Hello Mr.Khanna,

I am currently on H4 visa. I had applied for H1b and got selected in the lottery and received the Receipt number. I travelled to India on an emergency during that period.

Today I received the notice stating that my H1b is approved and the change of status from H4 to H1 has been denied since I went out of the country and alos stated that I have to go to consulate in India to get my H1 stamped.

My Questions :
1. Is there any way to re apply for change of status without travelling to India ?
2. What are the chances of getting it approved?
3. How much would it cost to reapply ?

4. If I go to India for stamping what are the chances of getting it stamped ?
5. In case it does not get approved, can I still come back on my H4 ?
6. After coming back can I apply for my H1 again in this year's quota itself ?

Please Advise.

Thanks for the help


Rothi
 
Birth certificate issue for I-485

Dear Rajeev,

I do not have my birth certificate. So i learned that i need Non availability of BC and 2 affdavit. However local municipal corp in india is not issuing me NABC.

1. Can a birth certificate issued by embassy + 2 affidavit from my mom and dad will suffice ?

2. Mom and Dad's affidavits are notarized by a US, Ohio notary. Is that fine ? or they need it to be notarized in India ?

Thank you !
 
Does EB1 eligibility impacted by ' Job title' ?

I am in USA on L1A (currently on extension). I have been here for last 3 years on this L1A.

My job responsibilities are managerial/excutive. I manage several million $ account and about 100 people.

But my Job title is a bit misleading - It says I am 'program analyst principal leader'. Does job title has any bearing in eligibility of eb1 ?
 
H1 -- Remote work

Hello Rajiv,

Currently I am on H1b, working in city X as a full time employee. I am planning to move to city Y (my company doesn't have an office near by not even in that state) and work remotely -- work from home.
  1. Is work from home allowed on H1b?
  2. If yes, I think I have to get my H1b amended. Is that correct?
  3. Will there be any issue while I go for visa stamping?
  4. I am not sure if you have an answer for this, but do you know which state taxes I belong?

And in future for green card (job location), do we need to specify both locations X(head quarters) and Y in job description?
  • Basically I would like to know if I can change job location during PERM process?

Thank you.
 
Last edited by a moderator:
I-140 Priority date porting with new employer PERM even after old employer revokes approved I-140

Hi Rajiv

I am right now working for a big MNC and as well I have an approved I-140 with this employer in EB3 category and right now I am in 7th year of H1B extension.

Planning to join a new employer as they going to file my case in EB2. If my current employer revokes my I-140 after my resignation should I still retain my old Priority Date or loosing it? Because the main reason for joining new employer is to get my GC processed in EB2 and then porting my existing priority while applying for I-140.

So your response is much appreciated.

Thanks
 
Travel to India with valid H1b stamp and 485 pending

Hello Rajiv,

I work for company A and got my 140 approved. I am currently in my 7th year of H1B and got visa stamped ( valid till dec'15) through A during my recent visit to India this March. My husband got his GC application ported from EB3 to EB2 and we are current as of Aug 1st. Priority date is apr' 07. I'll be added onto his application and USCIS received my paperwork for this.

My questions are

A) I plan to travel to India end of Sept. Not sure if I'll get AP approved by then. As I have stamped H1 visa, can I travel on that visa and return back?

B) If parole is approved while am in India, Can my husband get it along with him when he comes sometime end of October? Or since I was out country when it was approved will that be considered as abandoning my 485?

C) If I get approved parole before my travel date, when I return back can I choose to enter back on h1 instead of EAD. What should my answer be to the officer at POE. I would like to retain my h1 status until I get my GC just to avoid hiccups like RFEs in EAD process etc.

D) Now that my application is with USCIS, what is the average time to receive finger printing notice and advance parole approval.

Appreciate your response on above questions. Thanks a ton!!
 
Maintaining F-1 status..plz help

Hello Rajiv,

I studied on H-4 for 2 semesters in an accredited university. Took one course(3 credits) in each semester. As I was not getting F-1 approval, my university used to defer my F-1 from past 2 semesters. Now, I got my F-1 approved.
I have also applied for H-1 this year. So I do not wish to enroll for Fall semester which starts from September 3rd 2013.

1) F-1 Approval date is August 3rd 2013. The final I-20 I got from my college has program start date as September 3rd 2013[Fall semester]. Which is considered my F-1 start date?

2)If I-20 date is considered as start date, deferring F-1 to spring semester will help to maintain status till I get my H-1?

3) If deferral helps, what is my status from the September 3rd till H1 approval?

4) Is there any grace period which allows me to stay without going out of status?

Thanks
 
H1B Extension Receipt as proof for legal stay?

Hi Rajivji,

My wife is becoming a citizen. I am planning to apply for my GC through her. For adjustment of status i need to provide proof of legal stay in US. My H1 extension is in progress and i am yet to get approval.I have the receipt with me.I know i can stay in US for 240 days while i have the receipt. So can i use this receipt as my proof of legal stay for I-485 application?

Thanks
 
Question on 7th Year H1B Extension while PERM is pending

Hi Rajiv -

This is regarding the criteria to be met to be able to apply for 7th Year H1B extension while PERM is pending.

I understand that the requirement for a given person to be eligible to apply for 7th Year H1B extension using the pending PERM as the Criterion is to have at least PERM in pending state for 365 days. However I have heard that we can apply for 7th Year extension before 365 days of PERM pending but in such cases H1B extension would be granted for a future date which would commence the day after the 365 days. Can you please provide your input based on your expertise on the below question related to this?

1. Do we need to wait for the 365 days completion before we apply for 7th Year extension or can we apply even for it a month before the 365 days?

2. Also does it matter on what status the applicant is before he applies for 7th Year extension? i.e if we are on H1 or H4? (i.e incase the applicant is on H4 after applying for COS from H1B to H4 after 6 years completion of H1B and waiting for the decision on PERM)

Thanks a lot for your help and advise on this.

Regards,
 
EAD extension based on pending BIA Appeal

Hello Khanna Sir !

Let me give you some details before the question...

My US Citizen wife had applied Adjustment of status from H1B (marriage based) for me > I got EAD issued > We attended 2 interviews with USCIS > I-130 & I-485 were denied > BIA appeal for I-130 filed timely (EOIR-29) > BIA appeal still pending...

The EAD issued earlier is getting expired soon. H1B is no more valid.

1. Can I file for EAD extension based on my pending appeal to BIA?

2. If yes, what I need to file that?

3. What could be the possible outcomes for the I-130 appeal to BIA and what can be done for those?

Appreciate your great service!!

Regards !
 
Last edited by a moderator:
H1 B transfer to two companies

Hi,

I am working in company A on H1B.
I got the offer from company B and company B transferred my H1B Visa.
I still not joined company B.

Now I got a very good offer from company C.
Company C is asking for the document to initiate the H1B transfer.
From which company, I need to submit the doc from A or B?
Since I didn't join company B yet, so they didn't give me the new H1B doc.
Please advise, how to handle this situation?

Thanks,
Pramod
 
Client letter for amendment

Hi Rajiv,
Here is my situation
Situation:
I got a 1year project in a different state. Client initially told its for 1year but gave PO till december only saying its year ending. I am on this project from last 3 months. I was not aware and so did not do an amendement. I am through a middle vendor.

Question:
1) Am I ok?
2) If not then should i file an amendment ASAP?
3) If yes for amendment then do i need letters both from middle and end client?
4) If yes for amendment and client letter then can you please provide format for each...
5) What if my endclient does not agree to give letter, what are my options then..

Appreciate if you can share your recent experience with 3rd party placement\amendment\client letter approvals. Does it get approved only for the duration of project?

Thanks for helping us out.
 
Status
Not open for further replies.
Top