Recording for May 23 call is available for download

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monica1

monica1

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Recording is available for May 23 Conference Call.

http://www.immigration.com/community-conference-calls-recordings
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Conference Dial-in: : (202) 800-8395
Start Time: 12:30 PM, EST
NEXT CALL DATE: June 6, 2013

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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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information about the aos

Hi everyone
I won the visa lottery n my CN is 2014AF0002**** is that high or low? and when should I start doing my paperworks since I am already in the USA? I am so confuse that I dont know what to do I was about to send my I 485 so I called KCC to get some informations they told me that everything is on the web site but I see nothing. please I need help
also I made my appointment to see the civil surgeon is it to early or i can have him fill out my form I693 now?
 
AC21 and term contract jobs

Hi,

I have watched both the videos presented by Mr. Khanna on Ac-21. My question pertains to the job requirements related to ac21 in context of job type. While the questions are general in nature, below is my background:
1. Masters in US, working full time for same company for past 6 years.
2. Applied in EB2 PD- Nov 2008.
3. I140 Approved - MAy 2009.
4. I185 Filed - Jan 2012.
5. EAP/AP valid - Mar 2015.
6. Currently on H1B renewed valid unitl June 2016

Following are my questions:
1. Does the new job when using ac21 need to be a full-time permanent job? Reason I am asking is I have an offer from a staffing agency for a fortune 100 company. It has a term of 18 months. Is this job eligible for ac21 assuming same or similar is satisfied in job description?

2. My second question is on similar lines, Invoking ac21, can one work for a staff augmentation company which will then send its employees to client site and would have no control over the employee's day to day activity. I have seen this to be an issue for H1B renewals, but does this also apply to ac-21 types of job changes?

Thanks
 
Perm

Hi Rajiv,

I need to apply PERM under EB2. I have done my master degree in computer science from Herguan University and having one year of experience.( I have Btech in computer science from India). My concern was can PERM filed under EB2 based on master degree. As i know that Herguan University is not accredited. Can you please suggest me how to move further under EB2.
 
Immigration reform and Physician green cards

Hi Rajiv,

1) I am a resident (Foreign Medical Grad on H1-B from India) graduating residency in June 2013.
2) I have accepted a hospitalist physician position.
3) The new hospital is starting my green-card processing.
4) They are taking the normal course of action - EB2 with PERM.

Given the long wait times for EB2 Indian applicants, and a potential immigration reform, need your advice on what would be the best course of action for physician green-cards.

Do you recommend going with NIW or PERM? If NIW, Arizona seems to not issue a letter for hospitalists in HPSA. They only do for outpatient physicians (Primary care or speciality) but not for inpatient physicians. Is there any other way?

In the Immigration reform bill, is there any potential way for a faster green-card for physicians? Are there plans to waive the 5-year residency requirement? Or exempt physicians with US residency training from the visa numbers? etc..

Thanks so much for your help to the community!
 
do my parents need to extend their visitor visa?

I am a US citizen, just applied for my parents' green card. They are here in the US on visitor visa right, their visa expires in June.

Now we have received I-797C, nothing else from the USCIS. Do I need to apply for the extension on their visitor visa so they can stay?

Thanks a lot!
 
OPT Extension got denied and H1B got picked up for FY2014

Hello Rajiv,

Here is my case:

I completed Masters from XXXXX University 12-31-2010 and applied for OPT and got it from 01-01-2011 to 12-31-2012.

Here is the issue: Applied OPT extension on 10-13-2012 and got RFE on 01-03-2013 and submitted RFE on 04-04-2013.
As per the USCIS case status check verification, my case got denied and they mailed the document on 05-10-13 and as of today I did not received it.

I have verified with my University DSO and she said that, my case officer terminated my SEVIS on 04-30-13.( I stopped working on 05-10-13, once i see my OPT Extension got denied)

Meantime my employer applied H1B on General Quota for FY 2014 and got receipt number on 04-18-2013.(reason for applying General quota is my University is not accredited)

1) Am I eligible to stay in USA, because my OPT Extension got denied and my H1B is pending?

2) What happens to my H1B, what are chances of H1B Approval? Can I leave the country ASAP and come back on H4 status?
Can start premium processing?
or
I have checked with XXXX University( This accredited University), they are ready to give me admission for summer 2013 and do the reinstatement. But as per them ,the reinstatement process might take 4 to 5 months depending up on the case.While reinstatement is in the process I will not have any work authorization.

So my question is , when reinstatement is in the process what are the chances of getting H1B approval or what kind of queries can we expect? Is this s a good option?

Please suggest me options..

Your help would be appreciated.
 
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Question on post I-140 Multiple Changes

Hello Rajivji

Here is the situation –
- I am in my 8th year of H-1B
- I-140 approved in EB3 category

As I understand, I can change from current employer to a new employer. Let’s call the new employer, Employer A. While doing that change, Employer A should be able to get me a 3 year H-1B Transfer based on the approved I-140 from my current employer.


Questions are – If I want to change from Employer A to one more Employer B,
1. Can I do that prior to new Labor or I-140 from Employer A comes through approved?
2. If I can do a change,
a. Will it be a 1 year extension or a 3 year extension​
b. Does it have any impact if my current employer has already revoked the I-140 (meaning there is no valid I-140 as current employer revoked it, and employer A is yet to file for one)?​
3. If I cannot do the change, what are my options if I don’t like Employer A for whatever reasons?

On a separate note -- I am also curious to know how the priority date is retained? Is that based on my SSN, or Passport number?

Thank you for doing these community calls. That really helps to understand.
 
Self employment on EAD

Sir,

My EB3 PD is Aug/2003 . Cant wait for my PD to become current and I want to quit my job and start something of my own. Is that even possible?

Thanks,
 
Visitor Visa - Stay Extension Approval Letter got lost

Hi Mr. Khanna,
My mother got 10 year multiple entry visa in Dec. 2003. She came to U.S. in Feb. 2004 and before her 6 months stay expired, we applied for extension of her stay and it was approved. She went back to India in Jan. 2005. She tried to come to U.S. on May 14th, 2013 and airlines/immigration in Hyderabad, India wouldn't issue her a boarding pass saying that she stayed longer than 6 months during her last visit and that she should show them the extension approval letter. Unfortunately, we cannot find that letter and I am afraid that we lost it since it's been 9 years.

I called INS to find out how I can get a copy of extension approval letter and he suggested that I apply for I-824. But, the problem is that I-824 asks for the original application details(like Receipt Number, Filing Date, Approval Date) and we don't have any of those details. Is there any other way to get a copy of extension approval letter?

Also, when I checked the processing time for I-824, it says 3 months or it could take longer. Is there any way I can expedite the process? I am in a rush since my mother's visa will expire in Dec. 2013 and I want to get the approval letter prior to Dec. 2013.

My third question is that since it's been 9 years since she got her extension, will INS have my mother's extension approval letter or could they have purged those records?

Thank you very much for your help.
Anitha
 
I-94 Validity

Hello Mr. Rajiv
Hope you are doing well.

Here is my situation:

1) My current 797 is going to expire on Sept 30, 2013.
2) I have my HI1 extension 797 approval from Oct 1, 2013 to Sept 30, 2016.
3) I went to India and got my stamping for the current visa (the one mentioned in step 1). The stamp has the validity till Sept 30, 2013.
4) On my return to the US, on Port of Entry my electronic I-94 was granted and has the validity till Sept 30, 2013.

Question: What happens to my status on Oct 1st, 2013? I am out of status because my I-94 has expired? (At this time I have the 797 approval for that time frame.)

Please advise.
 
Dear Rajiv,

I'm currently working for a non profit organization. I have used up 4 years of my H1B. I have not been counted against the Cap. I plan to switch to a for profit company but the H1B quota has run out this year. If I could get a H1B slot next year and start the new job next October, I will have only 6 months left before my 6 years H1b is up.

Question 1:

What is the best option for me to start working for a for profit company asap? I was thinking to ask the for profit company to skip the H1b and sponsor for the greencard under the EB2 category (I have a Master's degree).How long will it take for me to start working for the company from the day the company starts the EB2 process? I'm in the Rest of The World chargeability under the EB2 category.

Question 2:
Alternatively, I'm thinking to find a remote/work from home job to do besides my current job.

1)Since I have not been counted against the Cap, does that restrict me to just non profit companies for the 2nd job?

2)If the 2nd company agrees to do concurrent H1b for me, when can I start working for them?

3)Can I work two full time jobs under concurrent H1b or it has to be one full time one part time?

Thank you,
 
Uk spouse of cuban parolee on vw til june

Dear Rajiv, I am so glad to have found this site and happy to see that there is so much information available for people who are struggling with very stressful immigration issues. I definitely intend to use an immigration lawyer with my issue but want to be as informed as possible to make the most of the initial consultation session.

My husband and I were married in Cuba in May 2011. We lived in Cuba and then once my husband obtained is Spouse Visa for the UK he joined me there in January 2012. We decided to move to the US earlier this year. My husband arrived in February claiming Political Asylum which was granted and he was immediately given a Parole. He is now awaiting his work permit. I followed him out here in March.

I am here on Visa Waiver and this runs out in June. I have been advised that I am eligible to adjust my status under the Cuban Adjustment Act (CAA) and can do so at the same time as my husband. However I believe we must have been in the USA continuously for 1 year and 1 day before we can submit the I-485. For my husband this is not a problem because he is a registered alien. However my VW will run out next month. Is there any official registration for a person in my situation? I don't want to be separated from my husband.

Can anyone offer any advice as to what happens to me once my VW runs out? I have been told that I should simply just overstay but I fear the consequences of becoming an illegal immigrant. I have been told any overstay would automatically be waived under the CAA. Can you give me further information about this? By the way I would not need to work while I am here but I would want to drive. However without a SSN don't think I can get a US Drivers License.

Thanks in advance for any help you are able to. SANTAMAZ
 
Immigration Reform

Hello Mr. Rajiv,

First of all, thank you for your great community service.

The scenario is based on, if the proposed bill becomes Law. How would it impact the current employee's of H1B dependent Employer, especially the impact on the employee's that are already working on Client location?

To add to above scenario, if an employee has Master's degree (STEM) from Accredited University in USA and Employer has already filed Green Card (I-140 approved), What will be the impact in that case?

Thank you,
XYZ
 
H1 Stamping when someone work on L2-EAD before Oct 01, 2013

Hi Rajiv,

I am on L1 and my wife is on L2 (L2 EAD).

Currently she is working on L2-EAD which is valid until Dec 06,2013 . Her company applied for H1 for her and that is picked up in lottory.

She can only work on H1 starting Oct 01, 2013 (Assuming that her H1 is approved).

She is planning to go to India in mid of November and will have to go for stamping for retuning USA as her Visa got expired.

She needs to have 3 pay slip with company for stamping.

She continue work on L2 (have L2 pay slip till Sep 2013) and start working on H1 starting Oct 01, 2013.

Q1: Will it will be an issue during stamping as she worked only 1.5 month on H1 (not have 3 pay slip on H1)?

Q2: Can she go to India and get L2 stamping and after some time she can start working on H1? If she gets L2 stamping, will that affect her H1B petition?


Thanks,
Deep
 
What are the exemptions from the 5 years of H1B calculation

I started employment with F1/OPT on Aug 15, 2007. I already had an H1B approved at that point. I did not use my H1B to reenter the country till Dec. 15, 2007.

• Did my H1B clock start on Oct 1, 2007 or on Dec 15, 2007?

• During the last 6 yrs I've use my H1B to travel out of the country several times. Can I deduct all those days from the 6 yrs calculation?

• I got my EAD/AP card on April 20, of 2012. Did that put a "stop" on my H1B clock for the purposes of calculating the 6 years (I guess no)?

• I reentered with the EAD/AP card on March 10, 2013 for the first time (as a parolee). Does that put a "stop" on my H1B clock for the purposes of calculating the 6 years?

• Any other permissible deductions for the purposes of calculating the 6 years?

Thanks in advance,
 
Psa - i-94

Public Service Announcement

I traveled twice using my Advance Parole in the last 2 wks. via JFK where they have discontinued I-94 for regular visitors.

However, one is required to fill in the white I-94 form if on AP (contrary to what they will tell you on the airplane). Also, at JFK they are cool with pax using the Citizen/PR line if with AP (just my 2 experience - not written anywhere).

Best,
 
F1 to J1

Hi,

I am doctor from India, came on F1 visa as an MBA student in 2009. I completed my MBA as well as exercised OPT in 2012. Then I switchedd to other school and am currently going to school since last 5 month,,

In last 5 years I never went to India but my parents visited me twice. Always I was in status.

I have been offered J1 by hospital and my residency start date is 1st July 2013

I just got DS2019

About i539, I want to know that i have 1 month and 10 days, Is it possible to get change of status F1 to J1 from US without leaving the country in 40 days prior to start of my residency on 1st July 2013.

Other question, what are the chances of getting J1 stamped from Canada looking at my profile?

Last question, if i have to go back to India, what are my chances?

Your advice is appreciated!

Thanks
 
Profit H-1B to Non-profit H-1B

Rajiv,

Thank you for the service you provide. I am currently under a h-1b visa with a for-profit firm which expires in Sept 2014. I am moving to a new job with a non-profit and they are applying for a transfer of h-1b.

Questions:
1. Will the new h-1b with the non-profit also be until Sept. 2014? Or later?
2. Will I maintain my 'cap' in case I would like to move back to the for-profit sector later on before Sept 2014?
3. If I want to move to a for-profit job after Sept 2014, will I be counted as a fresh applicant (do not maintain my place in the cap)?
4. Should I hire a private lawyer to make sure I am doing everything I can to maintain my place in the h-1b cap just in case I move back to a for-profit job?

Thanks again.
 
H-1 B Stamping First time

monica1 said:
Thread is now OPEN to post questions for May 23 Conference Call.


----------------------------------
Conference Dial-in: : (202) 800-8395
Start Time: 12:30 PM, EST
NEXT CALL DATE: May 23, 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.
Click to expand...

Hi Rajev,

I appreciate you unconditional help to all of us ,GOD gives you reward for this WHO ELSE better than HIM..
I have a question regarding H-1B first time stamping .
Do i need to get first time stamp from my home country or I can get it from Canada/Mexico. Is there any Immigration law on it ? or its upto candidate?
I have Multiple Visit visa to Canada.
 
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