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Follow to join spouse

Hi Rajiv,
I need to know about what is referred to as "Follow to join spouse" . My labor has been targeted for EB-2 . God willing, if it gets approved, I have the option to file I-140 and I-485 concurrently. I have heard people saying that one should wait to get married before filling I-485.

My question is can I file concurrently without being married and then get married before I-485 is approved and have an addendum to I-485 and still receive I-485 related benefits for my would be wife? Or, would you advice me to get married before filling concurrently?

(I am asking this as I intend to officially stay single as long as possible :D)

Thanks & appreciate it.
 
Questions on AC21

Dear Rajiv,

Thanks a lot for your great community service.

Can you pl clarify the following questions on AC21?

I passed the 180 days mark on I485 and got 2 years EAD.

1. What happen if my old employer revoke my I140?
2. What should I tell the new employer when it comes to I485 approval?
3. Do new employer should file any paper work for me?
4. What kind of documents should I get from my old employer?
5. Is there any possiblity if i need to go and join the old employer (original sponsor of my GC) just in case, if my new employment got into problem.

Thanks,
Rharan.
 
Hi,
My 6th year on H1B expires in april 2009.
My labor and I140 was approved with company A.
I was subsequently laid off and filed for H4 COS which has been approved.

Now I have a new job offer with company B and would like to use my labor and I140 approved with company A to get a new 3 year H1B extension.

My question:
1) Does the title, job description of new job with employer B have to be the same to job A for my H1B to be extended beyond 6 years ?

2) Do I need to file for H1 transfer before validity of previous H1b expires in april 2009 ?

I understand I will have file new labor and I140 in due time through employer B.

3) Can I use the same priority date if the job title and job description in approved labor with employer A differ from the new position with company B for perm and i140 filing with company B.
 
GC Status / Change Job

Hi ,

Here are my details

1. Currently on L1A visa
2. Filed for Green Card on 4th August 2008 - EB1
3. Recieved EAD ( Self/Spouse)
4. Recieved Advance Parole ( Self/Spouse)

Questions :

1. If needed , can I change the job now even if my visa is L1A but I have EAD ?
2. What is the typical time for my GC to get approved ?
3. Can we stay in US if I lose my job and my wife is working on this EAD ?
4. What is the process if I change the job based on this EAD ?


Thanks ...
 
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Dear Rajiv,

I am writing this for my sister who works for a Pharma Co. The company she works for got acquired recently. She has been there for more than 7 years (Total on H1 for 10 + years) and they filed for her Labor which got cleared in Year 2005. Later as she changed her Department internally she was told they have to file her labor/Perm again which cleared August 2007. I-140 got cleared in Aug 2008 after they applied for it in 2007 after the new Perm. She/they have been renewing her H1 past 8 to years and gets renewed for a year every August. Now the fear is - if she is displaced because of layoffs - what are her options.

They/She did not apply for 1140 and 485 same time as it was not their policy so she missed the rush applying for 485 - and now the dates for EB2 are far behind. What best can be done so the option of going back to India does not kick in is the big question.

Note - H1 since Jan 1999 and is now working for the 3rd company for past 7 + years on their H1

Thanks for your help
 
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Dear Rajiv,

I went for my Marriage based green card interview on January 7th, 2009 and got approved. I received my green card and I-485 approval letter after two weeks in the mail. I haven’t received my I-130 approval letter yet. Does everybody suppose to receive this letter…? How long do you think it will take for me to receive this letter…? Should I make an Infopass appointment and find out what’s going on with it…? I checked its online status and it says ‘case received and pending’. Is it something that I should worry about since I received my actual green card…?

I would appreciate your response.
 
Hi Rajiv, I am asking this question on behalf of my friend.
she is on 4th Year H-1B. she has her 485 and I-140 pending , already got work permit 2 months back.
Employer does not share any details with her about GC process (no receipt number or anything). she was told that first I140 was denied and it is refiled again.

first I-140 and I-485 were filed concurrently in 2007 Sep.
second I-140 is filed in Nov 2008. ( according to the employer )

employer does not want to give any details about petition, what are her alternatives to know the progress in GC process ? since it is more than 1.5 years her I-485 is filed she is really worried if the employer is telling truth.

she doubts her I140 was denied at the first place , is there any way to check ? if GC gets approved where does it get mailed to her address or employer address ?
 
L1 related questions

I own a partnership firm (India) which has a contract with ABC Inc (USA) for software development services. I have been working (solely from India) for them as a contractor for the past 1 year.

- Am I eligible to apply for L1B, showing this one year as having worked in an affiliate to the US company?

- If ABC Inc puts me on their US payroll while I continue working from India (is this legally viable?), can I apply for L1 after an year of this arrangement?

- After how many years on L1 will I become eligible to apply for a green card?

Thanks
 
H4 to H1 to H4 Question

Dear RajivJi,

I am a regular reader of your forums, I appreciate your help to the community.

I need your suggestion on my situation -,

1. My wife entered US on H4 in June 2006
2. We applied for her H1 in 2007 and she got her H1 approved
3. The I94 had an error and her employer applied for amendment in Aug 2007.
4. The USCIS did not take action on correcting the I94, after many followups we got the amended approval notice in Nov 2008.
5. Now because she has no pay stubs and project, she wants to return to India.
6. I have my H1 status intact.

My questions are
1. Can we apply for H1 to H4 COS and then go to India ? or
2. Is it good to leave the country and apply for COS in India?

She doesn't want to come to US at least for 2 years.

Please help to make a decision.

Thanks a million.
Shankar
 
How long you can stay on EAD without job ? I keep trying to find out new job. What are steps need to stay legal without job. Do we need paystuff if some RFE came out inbetween GC.

can we take lower sal job in same profile ?
How we handle this situation ?
Can we claim unemployment benifit on EAD ? Does it harm on GC process ?
 
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Signature on I140

I have an approved I40 EB3. My AOS was transferred to local office DC for interview. I am still waiting for the interview. I changed jobs 2 years after my I140 was approved. My new attorney filed Foia request for my file just to have every thing in order before the interview. I found out that my I140 was not signed by my employer. the lawyer who filed the case for my employer signed it for him(employer was out of the country). He claims that he did it to save some time. My former employer says that he did file my case and that I was a good employee but if he is asked about the signature he will tell the govt the truth. I understand his point but will I be punished for something I had no knolwedge of? Is there a remedy for this situation??
 
H1 expires before the completion of medical residency

I appreciate your wonderful service!

I will be accepting a family practice medical residency position in a hospital in New York. I will just have 1 year and 3 months left on my H1 visa and so will be falling short of 1 year 9 months on my H1 to complete my residency

1) My hospital is co-operative so can they start PERM for my future job to be able to extend my H1
2) Under what job title can they file my PERM
3) What are the other options I have to extend my H1

Thanks
 
H1B - layoff

Mr. Khanna

I recently got laid off two days back by my employer due to reduction in work force.

1. How much time do I have before I could find a new employer to transfer a H1B?
2. What is the time frame I have before I have to exit the country?
3. Are the any possiblties to get back to a legal status?
4. If i change to a F1 status do I need to exit the country and have my Visa Stamped?
5. Currently I have a four year valid visa but with the layoff I understand since I am already out of status what are possiblties i can think of?
6. My company has not yet reported to UCIS about the layoff and will not do so until the next two weeks. How is this beneficial to me?

Thanks
 
EB-3 to EB-2 portability

Hi Rajiv,
First of all, thank you for your service to the community.
I would like to know your opinion about my situation with my priority date. I filed my labor in February 2004 under EB-3 category. I have a Masters and I realized later that I could file under EB-2. I filed a new labor and a new I 140 in January 2007 and my lawyer also applied for porting the earlier priority date to my new EB-2 based I 140. Even though, both my I 140's were approved the date hasn't been ported and when I filed my I 485 in July 2007 I was told by USCIS my priority date January 2007 (EB-2) is used not February 2004.
My lawyer filed for amendments to my I 140 for porting by filing forms I-290B and I-824 with no success.

My questions is:
Is USCIS entertaining portability and am I entitled to file a request for porting.
If I can, how do I go about it. I would like to use your firm's services if you can help me.

It has been very frustrating spending so much money and energy on this and making little progress.

Thank you again.

Regards,
Param
 
Question regarding H1B transfer with security check

Hi Rajiv

I had applied to through one small consulting service firm for my H1B transfer through premium processing. I got the receipt number with in 2 days. After 4 months, case is still "case received and pending". After I enquired the case through my attorney i found the case struck in security check.

1. How long will take to clear the Security check?
2. If i apply H1 transfer in parallel through another employer while this case in pending through premium process, will it go to security check also. (Assume that, if i apply in another service center).
3. After my H1B expired, after waiting a long time for no response from USCIS on my original transfer, will it possible for me transfer my h1b to another employer without having valid H1B. (h1b expired) with valid petition number (case received pending).
4. What is the best option to override the security check in H1B transfer?
5. Will my H1B transfer get rejected if it goes to security check?
6. Do we (Attorney and Employer) receive any letter from USCIS if the case is in Security check? if yes, Do USCIS mention about the security check in terms of classfication such as Name Check , Background Check and etc., Please elaborate. It would be definitely helpful for many applicants who are in the same situation like me.
7. If we need to contact Congressman/woman to expedite or know the case status, How do we need to do that? Is there any formal or standard process to contact Congressman/woman? Please give some more info about that.

Thanks Rajiv in advance.

Thanks
nskbalu
 
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Emergency Travel application for I131 / AP

I need to travel to india as my mom in law is sick and in hospital. My I485 is pending . My current AP/ travel doc expired in Dec 08 and need to get one quickly. here are my questions

1) What is the process to get AP in case of emergency to get it faster .
2) Do i have to go through biometric appointment .
3) When can i leave the country ( when USCIS got the application or when they approved it )
 
N-400 pending since interview on Aug 21, 2008

Hi, my interview was successful completed on Aug 21, 2008 and on my interview result list the officer checked "Recommended for approval". However, until now I have heard nothing from USCIS and my lawyer will not act unless I pay him more svc fee to fight the case. I (not my lawyer or his army of helpers) called USCIS customer svc line and filed for a svc inquiry and the field office wrote back to me indicating that I would heard back from them within 30 days and that time has once again expired with no correspondence from them at all!

I had the issue with continuous (more than 6 months but less than a year) residency because I was studying abroad with my parents when I was a minor (USCIS definition). Come back in 2005 around April and have only 2 trips, 1 months and 2 months each. By April 2009, I would have satisfied the 4 yr+1 day rule and would like to know your recommendation for next move!

I am graduating from college this May and will be continuing on to medical school in August. Should I act now or should I wait? Also, I do not trust my current lawyer now, he is full of himself and treated me with lack of respect and showed little interest in helping me out. Thank you again for your HELP!!!
 
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Dear Rajiv,

I am working full time for company A. My company is planning to transfer me from location X to Y with same job title,pay.

1. Do I have to apply for LCA and H1B amendment for location change?
2. If yes, is the charge $320 for LCA and H1 amendment or are there extra fees?
3. H1 Amendments means completely new H1 petition or just using existing H1 with amendments.
4. I am planning to do it myself(along with my company) without the help of an attorney. How easy is the process? Are these filed online?
5. Can anybody tell me how long this amendment process take place?
6. As soon as I get receipt number,can I start working in the new location or I have to wait till approval?
7. Can I go to india while amendment is in progress?
8. If I go to india, do i have to go for re-stamping?

Thanks
 
H1B and Advance Parole question

Dear Rajiv,

Thanks for your great service.

I'm a H1B holder and H1B petion valid for next 2 years ,485 pending and have valid Advance parole. I will have to go to India to get married in May'2009 .

Can I ask your help to get a clarification on below questions.

1. Can I comeback to USA on AP and wife on H4 ?

2. If I come back on AP, Can I continue to work on H1B ? or do I need file H1B extn again to comeback on H1B status( old H1B petion is already valid for 2 years)

3. When I go India , get H1B visa stampled, Will it invalidate pending 485?

4. When H1B visa stamping rejected, Can i use Advance parole to comeback US and wife on H4?
 
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