Recording for Feb 6 Conference Call

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aks341

Registered Users (C)
#21
Whose mistake is this and possible consequences

I have worked on H1B visa in USA since Dec 15-2005 for a total of 59 months, as explained below.
Only including time during which I was physically present in the USA, the periods are as below.
Dec 2005 to March 2009: 40 Months;
May 2012 to Jan 2014 for 19 months :

Between March 2009 to May 2012 – I was in the USA on a student visa and spent 4, 3 and 6 months outside USA ( that is more than 12 months in total but not continuously).

So, I believe that I would be eligible ONLY for 13 months ( 6 years minus 59 months) on H1B when a change of employer happens now.

The attorney for my new employer filed for 3 years of H1B and has got the approval. In the petition, he only counted the time I have spent on H1B during the last six years. This totals to 32 months. It is weird that the I-129 petition only asks for the time spent in H1B during the last 6 years.

Based on the fact that my H1B petition has been approved for 3 years based on the application as explained above, - Is something wrong here? I am concerned that the USCIS might create some issues later on when they go through my complete history of H1B in USA.
 

sandy74us

Registered Users (C)
#22
N-400 & stamp on passport

Dear Rajiv-ji,

I am a citizen of India, got my green card through employment. I have applied for citizenship (5 years - 90 days). I have lived in the US continuously (barring 3 week India trips, once every year). I have some traffic violations (nothing major) from 8 years back; but otherwise nothing serious (tax compliant, crime free and clean immigration record). I am currently employed and rent a house. I am going for my citizenship interview by the end of this month.

Last month, I shipped some household goods by sea to India. I used "transfer of residence" (TR) with Indian Customs. My passport now has a stamp from Indian customs that spells out "transfer of residence" (with a Feb 2014 date). This mistake was inadvertent and I fully intend to continue living in US.

Questions:
1. Would this be a ground for denial as based on the TR stamp, it means I am intending to transfer my residence and move abroad permanently?
2. If the TR stamp is brought up and I explain the matter to the immigration officer - this maybe looked upon as lacking good moral character, as I falsely declared transfer of residence; while never intending to move abroad?
3. I prefer to rent and have always rented. That coupled with the TR stamp on my passport - could it create issues for me at the interview?
4. Any advice you have for me for the interview?

Appreciate your help. Thanks in advance.
Regards,
Sandy.
 
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#23
Do substitute teachers qualify for H1B?

Hi Rajiv,

I have got a substitute teacher job to teach in a elementary school in Indiana. I have a B.A. in general studies from the U.S and thirteen years of elementary and middle school experience from my country. Do I qualify for H1B?

Thank you
 
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