Recording now available for the Feb 19 Conference Call

Status
Not open for further replies.
I am applying for my H1-B extension in april but my H1-B is expiring in Sept 2009
My questions are:
1) I plan to travel to India in June, Should/ Can i get my visa stamped before the expiry of my earlier visa
2) is it safe to travel to india with just 5 months validity on my visa
 
Is it possible to start GC process during my first year medical residency if my hospital agrees.
Have you dealt with cases like this.
 
H1B extension

Hello Sir

Thanks for your service.

I came to US in March 2006 for the first time on H1-B visa through company A. H1-B visa was valid till July 2008. During July 2006, Company A processed L1B and it is valid till July 2009. At this point of time, I transferred H1-B to company B in November 2006 but did not joined company B till now.

I am still working for Company A.

Please clear my doubts to the below questions,

1. Can Company A apply for my H1- extension which got expired in July 2008? is it legally possible?

2. In H1-B extension application documentations, do I need to mention that I have transferred my H1 to Company B ( Please note that I have not joined company B and no plans to join even in near future)
If I dont mention in documents regarding the transfer of H1, is there a possibility that USCIS will reject my H1 extension?
I dont want to mention becuase I am still interested working for Company A and dont want to create any problems for myself by letting them know about the H1 transfer.

if you can answer my questions , I will be greatful.

Thanks again
 
My L1 Petition & visa is expired on Jan 13th 2009 after 3 years.My Company applied for extension for L1,received RFE & decided to withdraw the extension

application.I Have valid I 94 till Jan 2010.Is it legal to work on I 94 and expired petition??

In future, what are the chances of this, affecting any future VISA applications (e.g Fresh L1s or H1s) ??
 
Situation: US citizen has applied for parents GC [I-130/I-485/I-131/supporting docs all filed to Chicago Lockbox]. Finger primting done. Case moved to California Service Center.

I-94 validity date expires early May.

Can they stay past the I-94 date because the docs are all filed? [someone thinks so]
Does anything need to get approved before that can stay past the I-94 date? [someone else thinks this]
If they get the I-131 approved, can they travel to India, even if I-130 is not approved?

A confused petitioner!

Thanks.

Dr. Anand Jayaraman
 
I am currently waiting for approval for my I-485 which was applied in May 2005. My priority date is May 2003, with EB3 category, and country of birth is Zambia. According to current visa bulletin and processing times, the I-485 application should be processed by now.
I have tried to get more information on why there is this delay, using the Infopass facility as well as writing to the Texas Service Center. I always get a response that the application is still being processed.

Is there any other option to determine the status of the application, particularly in cases beyond their processing times?
 
Green card holder and not yet married

Hi,

Iam a green card holder and not yet married? Iam Planning to marry soon, someone currently a student holding F1, Please Let me know the ways to get her a green card if i marry and apply?

This year(2009) iam going to apply for my US Citizenship.

Thanks
Gajala
 
Hi,

I am married 3 yrs to a USC that has a lengthy criminal background from domestic assault to theft, no steady job and has been in jail several times. we have finally been called for an initial interview AOS (california) and I am worried sick. Do we even have a shot at this interview. my record is clean came F1 and I need help.
 
Laid off and very worried

Just got laid off last week. Was on H1. Some background:
- Did Bachelors in US, worked for 2.5 yrs on H1.
- Quit work, did MBA in US. Worked for 1.5 yrs on H1 and now got laid off.

Thinking of doing PhD here (shift to academics for good) but deadlines for Fall '09 have passed. Will be applying for Fall '10.

A company has offered to do GC under future employment category (for some $). Says that it has done it in the past. Says no need for me to be on H1 or even work for them.

Main qs: Plan to go back to home country soon. Will be applying for F1 next year to come back for PhD. The F1 visa application asks if anybody has filed for immigrant visa in the past. Would getting an F1 be a problem?

Other qs:

1. Which category to file under -- EB2 or EB3? They say EB2 is getting scrutinized a lot.
2. Is it possible to file under EB3 then shift to EB2 later?
3. How likely is it that it'll get approved under EB2? under EB3?
4. PhD would take around 4 yrs. What would I have to do once I get the degree? Would I be able to get a teaching job after PhD?
5. What could go wrong in this? What should I watch out for?

Pls help. Pls let me know if more info is needed.

Thanks a lot.
 
Physician H1B

Sir,
Thank you very much for this excellent service. I have the following request.
1. I am curruntly on HIB Visa for the past 5yrs and 2 months (GC process started and 1-140 approved) working for a State Health Department.
2. Being a medical doctor from India i will be starting my medical residency from July on a J1 Visa. Once i complete my 3yr Medical residency and apply for J1 Waiver in 2012 (for working in medically underserved area), will the duration of HIB i am using up now (almost 5 and half years) effect the Physician HIB offered as a part of J1 waiver.So, will the 'JI Waiver Visa' be entirely different type of HI visa with a new 3yr time period or will i have only 6months of HIB left at that time(due to 6yr limit)as i am right now using up 5 and half years by June. Please advice.
Thankfully,
Ravi
 
AC21 while H1B pending

Hi Rajiv,

My employer (Company A) Filed my H1B extension in Sept'09 (current one expired in Nov'09) which is still pending and presently I am with company A working on H1B (Receipt). Can I use AC21( I have my 140 approved and 485 pending for more then 6 months) to join company B? what if USCIS rejects my H1B extension?
 
Picking up remaining time on H-1B visa 6 yr limit

Hello Sir,

I thank you in advance for this help.

My first 3 years of H1B is expiring on Sep 2009. I am thinking of converting to H-4 (My husband is on H-1)for sometime due to personal reasons and then later start working with H-1 again.

MY QUESTION IS REGARDING THE EXACT TIME OF START OF H-1B BASED WORK AGAIN.

I still have 3 years on my H-1B remaining that I can use. When I get approval of H1B (remaining time), should I start only on October 2010 or from the date of approval?

Also, when converting from H-1 to H-4, when can I stop working after I apply for H-4 and how long does it take between applying for H-4 and stop working in H-1?

Thanks,
bhoosandy
 
Last edited by a moderator:
Dear Mr. Rajiv Khanna,

Thank you for hosting such a service and helping the common people with your expert advice.

I have a few questions regarding L1B to H1B conversion:

2 companies have offered me a job and agreed to sponsor my H1 visa. Company A will be applying for full time H1B and company B for part time H1B.
Some questions related to that:

1. I will be going to India in June and plan to return after October, after getting VISA stamped.
So, is it better to apply for H1 with COS or not? I heard that COS is invalid if I leave the country. For some reason if I do not leave the country then COS would be required.
Can you please let me know the time frame for a COS process from L1B to H1B, if I need to get it done in Oct 2009.

2. Out of 2 H1 petitions, if only the part time H1b petition is picked up, then can I remain in USA in legal status working only part time and getting paid for part time.
Can the company file for my GC if I am only part time H1 worker. If not can part time H1 be converted to full time?

3. For Company B (as part time H1), I will be the first employee apart from the owner himself who is a full time employee. It is a training firm, and my expertise is necessary for them.
The company is 1 year old and has a 2008 revenue of over $250,000. Do you see any rejection possibilities for H1B and later GC process.

4. after going to India, if I do not return to USA for some reason, how long will my H1 petition be valid. If later some other company offer me a job, till when can I use this H1 petition, witout being subject to H1 Quota.

Thanks in advance for all your answers. I hope I did not take too much of you time.
 
L2 EAD questions:

Dear sir,

I am on L2 and my husband on L1. I got my EAD 2 years back and worked for some time. Then I resigned and started a home business (an online website PLUS a Multi-Level marketing business called Amway).
My EAD expired on Nov 2008 and I forgot to get it renewed, as I was not an employee of somebody else.

I now fear if I am illegally doing business. I was told that all income from these businesses will be as 1099-MISC, which is similar to income from interest or stocks.
So, for this do I need EAD or is L2 visa sufficient.
 
File mixed up with someone with the same first and last name.

Dear Rajiv, thank you for all your help you provide here on this forum.

MY AOS is pending at the local office(EB3 case). I140 has already been approved. My case is undergoing "administrative review" at least that is what I learnt from my congressman.
I filed a foia request for my file and in my file there was a family based petition filed by a mother for her son who is a doctor in Pakistan. His first and last name and his date of birth are exactly the same as mine. This petition was denied for some problem with the birth certificate. USCIS has released all his personal information with my file. Even my A number is hand written on those papers.

How do I inform USCIS about this problem. Do I have to file a particular form or will they sort this out when they review my file?
Could this be the reason for the review? Maybe they are trying to confirm my date of birth and name from back home?
 
H4 to H1 H4

My wife was on H4 and has H1 approved for oct'08.
She didn't work and and have no pay stubs. She was supposed to start working from Dec'15 but had health issue and suggested bed rest for couple of months. Now her employer cannot give her the possition because of bad economy.
We want to apply for H4. Can we do this without pay stubs. Will she have any problems?
Please let us know.
 
6th year on H1. perm pending

Hi Rajiv,

My spouse completes her 6th year on H1B in March 2009. Her PERM was filed in Oct 2008 and given the slow processing times will not be completed before H1B expires. She intends to transfer to H4 status after March 2009.

1) Can she file for I140 in premium processing after her H1B expires once her PERM is approved and transfer back to H1B once I140 is approved ( without having to stay outside of USA for 1 year and reset H1B clock)

2) If the answer to above qs is no, and assuming her PERM gets approved in Sept 2009 when she is on H4; can she recapture days in H1B spend outside USA in the past year, file for a H1B transfer (from H4)and extension and subsequently file for I140 premium processing and get it approved in 3 weeks

3) If the answer is no, can she file for I140 normal processing, H1B extension once I140 is approved while on H4 status without having to stay outside USA for 1 year.

Thanks for your assistance on the scenarios.
 
Hi Rajeev,
My question in continuation with my previous EAD question ,
Change Job on EAD ( I-140 Approved and and 485 file more than two Years ago)

I want ask to about designation. Can we accept differnt designation but working profile is same which was defined in Labor. I mean to say that Job is same or similar but changed the designation.

(just FYI Labor was filed in 2001 EB3 (approved in 2004) )

Salary higher 20%


Is there any issue with 485 approval when we use AC21 ?

What document we needed to file AC21 ?
 
Switch Employers & AC21

Hello Rajiv Sir,

Thanks for holding this call.

Here is some details of my case:

1) My I-485 is currently pending since October 2007 (more than 6 months)
2) I-140 was approved in Feb 2009.
3) I applied consecutive 140/485 in July 2007.
4) I used a 'pre-approved' labor from my current employer in July 2007. The priority date on the Labor approval notice is: December 2003.
5) Although I do have EAD(valid for 2 years), I am currently using my H1 (which is still valid for 3 more years).
6) To my understanding since I have an approved I-140 and my I-485 has been pending for more than 180 days, I am eligible to use the AC-21 GC transportability provision and can switch my employer without interrupting my current GC process and without loosing my status. Of course, I should have a valid job offer from my would-be employer.

My Questions are:

1) Is it possible to switch my employer without crashing my GC process in this situation?

2) What is the role of my current employer when I use AC21 transportability. Does he need to be in-agreement before I use AC21?

3) How much of my current employer's 'willingness', 'approval' 'co-operation' is required for me to successfully file AC21.

4) What are the expenses involved in applying for AC21 by my future employer? Since all the processing is being done by my current employer's Attorney, will they do the AC21 filing also or all the documents have to be sent to the new employer's attorney?

5) Is it legally possible for me to request my current employer to continue my GC processing and switch employer based on my H1-B Visa and join my current employer back after the GC processing has been completed?

6) Reason I am thinking of switching employer is that my current employer is an IT (software) Consulting company and now (due to the recession) I want to go for a permanent employment with a non-consulting firm. Although I am currently not laid off, chances are there that might get.

7) That's why I want to ask which option is better for me: Use AC21 and switch employer(based on EAD) OR request my current employer to continue with my GC processing and switch employer using my H1-B; with a promise to my current employer that I will join him back once the GC processing is complete.

Please advise.
Regards,
Raj.
 
Status
Not open for further replies.
Top