Rescheduled for april 28

monica1

Administrator
Staff member
Thread closed. Please dial into the conference on April 28th. This call could not be held on April 21 as planned. We apologize for the inconvenience.
--------------------------------------------------------


Conference Dial-in: 1-712-432-3066
Conference Code: 531023


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 by a moderator:
Hi,

I currently live in canada and have received US green card through Diversity lottery in 2010. We wont be moving to US this year, so I need to apply for re-entry permit.

1. Can we apply for re-entry permit and come back to canada , go back when the appointment is scheduled or do we need to stay in the US until we finish biometrics etc.

2. How long does it generally take even if we mark the application as expedite? Do we need to submit any documents to prove why we need expedite service?

3. Is there a possibility that I go ahead and apply for the re-entry permit , and ask my husband to join later when the fingerprinting is due ?

whats the best way of doing this?


Thanks
 
Last edited by a moderator:
Dear Rajiv,

Please find a description of my case below. I sincerely request your taking time into this and suggesting a course of action.

I am enrolled in an Master of Business Administration (MBA) program at a University in the state of Pennsylvania. My expected graduation date is June 2011. My I-20 is valid up to 06/30/2011.

My F-1 Visa got terminated on 12/09/2010 on grounds of unauthorized employment in the United States of America. However, I did not participate in an unauthorized employment intentionally, but due to an administrative error.

Initially, I was authorized by my program advisor to work from 09/17/2010 to 12/13/2010. However, an error occurred where she requested my CPT authorization from the DSO only until 09/17/2010.

On August 12, 2010, I received an offer from a non-profit organization to work as a part-time intern between 08/23/2010 to 12/13/2010.

Practical training is one of the requirements to graduate with an MBA degree at my school. I presented the offer letter and job description to the MBA Career Services office of my school, after which I filled a CPT contract for the period between 08/23/10 and 09/17/2010. September 17, 2010 was the last day of the summer quarter. My program advisor helped me fill my contract and assured that my legal requirements have been taken care of until 12/13/2010.

When a student goes on CPT, my business school enrolls him/her in BUSN 698, a course on practical training and experiential learning. I was enrolled in that course not only in Summer term (between 08/23/10 and 09/17/2010), but also in the Fall term (between 09/18/2010 and 12/13/2010).

In order to ensure whether or not I needed to re-submit the CPT request form to the International Students and Scholars (ISSS) office for the Fall term, I emailed my advisor repeatedly. She did not address my queries and assured that I was enrolled in BUSN 698 for the Fall term as well, indicating that my CPT paperwork is fine until 12/13/2010, as promised earlier.

The MBA Career Service Department and my advisor’s administrative error led to my unintentional violation of immigration regulations and resulted in the termination of F-1 my visa. The violation of status resulted from circumstances beyond my control. This is not a repeated violation and I have never worked without proper authorization.

On January 24, 2011, the USCIS (Vermont Office) received my application. I have not heard from them yet and am unable to concentrate on my full-time job search.

I don't know whether in this circumstances, if a company is ready to sponsor my H-1 then what happens.

I would really appreciate if you could go over my case and give me a proper solution. I would have contacted you personally, if I had the resources to afford your services.

Thank you,

Sincerely,

Ava3888
 
Hello Rajiv,

I am happy to report that as of February 17 2011, I am a U.S. Citizen :)... However, now I wish to bring my sister to live here as well (She lives in my home country, Venezuela).

I am 25 yrs old, will turn 26 in May. I have been married for 5 years to my husband (born U.S. citizen) who is 27 and will be 28 in July. My sister is 15 and will be 16 in May, she lives with my paternal Grandparents and my parents are divorced.

I had called an immigration lawyer friend of a family member with all these questions, but I wasn't satisfied with his answers.

1. How long would it take if I just plain and simple apply for my sister to come here?
The lawyer said 10 to 12 years, is this true?

2. Since that's too long I asked if I could adopt her?
The lawyer said if I did, it would have to be BEFORE she turns 16, and that since she turns 16 in May, that would be too little time to adopt her. He also said I would have to look at adoption laws in Venezuela. I think there was something about me having to be a lot older than her than I actually am, but I don't remember how much older. He mentioned something about the "Convention Country Adoption Treaty". And that I should call an adoption agency as the fastest route and check about this.

3. Since this sounded too complicated to me, I just asked what if someone else in my family (like an uncle who's much older - 40 something) could adopt her?
He insisted that they have to adopt her BEFORE she turns 16 and that there is little time for that. Also, he said that adoption would cost 10s of thousands of dollars (which I obviously don't have!!!). He said they would have to apply to adopt her at an adoption agency here in the US, but that it would take longer than from now till may.

4. Since this was not getting me anywhere I asked what else could I do to bring her here?
He said she should get a Student Visa, either for her to finish high-school here, or come when she goes to college... But if it was a High-School, it would have to be a private high-school and that is expensive. Plus I came here as an International Student to go to college and I know how expensive that is, and there is simply not money for that right now :(....

5. Since I was really disappointed I asked what if I apply for my mom to come here, and then whenever my mother gets her green card, then SHE could apply for my sister to come here as her dependent?
The lawyer said it could take 10 years as well.

My questions to you are:

6. Do you know of any other way I could bring my sister as soon as possible?

7. If I ask for my mom, how long will it take before she has a Job Permit and a Green Card?

8. If my mom comes here, and she gets a job permit and a Green Card, can she THEN apply for my sister?

9. If my mom does apply for my sister, how long until my sister is actually living here in the states, obtains a job permit and obtains a green card herself ???

10. Do you know of any scholarship programs that would pay for everything for an International Student ? or any International Student Scholarships at all?

11. On a separate note, I have an AUNT who will get her citizenship soon, she only has the "Ceremony" left to go to. And she is my father's sister. If my AUNT applies for my Father to come how fast will he be able to come - how long will that take? and could he bring my sister with him - as a dependent? What if he gets a job visa?

12. Also, is it best for my mom to stay in Venezuela while I submit paperwork for her (Consular processing)? Or is it best for her to come here with her current tourist visa, and then apply to change her status while she's here? Which one is faster??

Thank you for all and any help or answers you can provide.

Melissa
 
Last edited by a moderator:
Using Automatic Revalidation - Travel to Canada

Hi Rajiv,
Iam on H1b - I-485 Pending.I have a I-797 Approval for 3 Years but I have an expired visa Stamp. In this situation if I Travel to Canada only and return within 30 days ,not apply for a visa stamping and return using Automatic Visa Revalidation,will this be considered as an entry using H1b.But since a new I-94 is not given on reentry what would be the proof that I had entered using H1B.
Thanks.
 
Hi Rajiv,

I am a GC holder since June 2010. I have a business opportunity in Australia that I want to explore.

1) How can I leave US for a maybe up to a year or two without jeopardizing my GC?

2) If I apply for permanent residency there, regardless of it being approved or not, will that jeopardize my GC?

3) Will any of the above affect naturalization?

Thanks for your help,
Bob
 
Visitor's Visa Expired But I94 Valid
Hi,
We wanted to enquire if it is ok/advisable for my mom to visit US when the visa is expiring shortly after entry to US.

1. Mom’s 10 year visa expires Dec 10 2011. She has regularly been visiting every year for 6 months. One year (2003), she had requested for 6 month extension to her stay, which was approved, and so she stayed in US for almost a year on that basis.

2. This year my mom has the following visits planned. The total duration for the year is less than 182 days:

a. From Dec 2010 till March 2011

b. From June 2011 till August 2011

c. From Nov 2011 till May 2012 (alluded to below in #3)

3. She plans to visit US from Nov 24 2011 for 6 months. Is it ok for her to plan this visit, given that her 10 year visa is expiring on Dec 10 2011? OR should we apply for a new visa before travelling in Nov?

Also, if she stays with a valid i-94 but an expired visa and then re-applies for her visitor's visa next year, do you think she may run a risk of her visa request getting denied? My sister and I (only kids for my mom) are both living in US and are green card holders.

Thanks,
SC
 
Hi,
I have recently made a change of status (Cos) from H4 to H1b...My employer is not able find a project for me...I have asked my employer to run my payroll so that it will helpful for me to change back to H4 again as immigration needs paystubs for change of status...But my employer is saying that he hasnt added me to his payroll yet...He is saying that i am ok with my status until he adds me to the payroll...He also said that its only when once i will added to the payroll he has to run the payroll continously without stopping...So before adding me to the payroll i can stay on h1b as long as i can...Is this true? Is there any H1b law like that..Pls advice...What can i do to come back to h4
 
Hi Rajiv:
I am a native born American citizen with a foreign born fiancee and have been brutally introduced to the world of ICE when we were returning from a vacation and he was stopped at immigration due what amounted to a clerical error on his visa. It turned into a complete nightmare and he ended up claiming asylum here. We had actually decided to not go the asylum route since we were planning to get married but because of the airport fiasco that's what's happened. He was sent to immigration detention, found to have credible fear and now we are trying to get him paroled out of there. We have submitted a parole request, and there shouldn't be any reason for it to be denied, but yet we can't get any answer on when they will get around to even processing the parole request. Is there anything that can be done to get them to act on a parole request? We were told once he was found to have credible fear that getting him paroled shouldn't pose any problem. We've done that and now the system just seems to be on pause. There is no reason for him to be sitting in what amounts to a jail. Can you give us any advice on the best methods to get a speedy parole or to get them to pay attention to the request? (We've already had his consulate/embassy on this, and they have tried to help. Other than this is there any other course of action or something helpful we can do?)
One final question, since this incident and his detention has put the fear of god into us we will probably be getting married fairly quickly upon his release. Neither of us ever want to have to deal with this type of separation again. Will the marriage have any effect (either positive or negative) on his asylum claim? THANK YOU FOR ANY ASSISTANCE OR INFO ON THIS!!!
 
Hi,
I have just entered US as an immigrant and I had received my Green Card and SSN as well. By the end of this month April, I want to go back to my present job in Kuwait. My question is, do I need a Re-Entry from USCIS office before I leave US? Some friends give some advices but they have different opinion. I am confuse. I also read articles from USCIS regarding this subject, it says... only those permanent resident who will be out of US for more than a year need to apply for re-enrty permit. Which is the right thing I should do because I had just entered US for only a month. Kindly advice please...
 
Background and question -
My wife is currently on H4 which will expire in October 2011 and we are in the I-485 stage (AOS)waiting for the visa numbers to be current for our priority date. My wife is planning to start work in August and I am planning to apply for her EAD in the first week of May. Since it takes about 2 -3 months to obtain an EAD she is planning to go to India during this time.
My questions are:
1)Can she travel to India on H4 while the I-485 is still pending?
2)Will the EAD application be affected in anyway if she leaves the country before it is approved?
3)If the EAD is approved before she leaves the country or while she is in India can she re-enter the US on H4 as she will not be seeking any job till August?

Thank you so much for answering my questions and appreciate your help.
 
Dear Rajiv,

firstly thanks for organizing the call for helping non immigrants

I am on H1B visa employed with a consulting firm and working at client location,i have got my H1b petition extended(first extension) during Aug 2010 and i was working in ALabama at that time so all the papers connected to I129 and petiiton are filed mentioning my ALabama client and got my petition approved for 3 years,i have changed the client and have been working in OHIO from october 2010 ,and have got my LCA for OHIO since Jan,
Now i plan to travel to India for my marriage and i would have to go for Visa Stamping,do i need to have my Petition(or I129) Amended (Mandatorily?) since my current job location and client is different that the one that i submitted for H1b extension ?
if so how does it impact my existing Petition

or the LCA with current state alone will br sufficient to support ?
because i have been hearing recently that the I129 amendment is being asked if there is a job lcoation change
 
When is this conference going to be held?


Thread closed. Please dial into the conference on April 28th. This call could not be held on April 21 as planned. We apologize for the inconvenience.
--------------------------------------------------------


Conference Dial-in: 1-712-432-3066
Conference Code: 531023


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.
 
Top