Video Recording for April 3 Conference Call

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Video Recording for April 3 Conference Call.

Conference Dial-in: : (202) 800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST

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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Lost I 140 Original Document

Hello Rajiv Sir,

Thanks for the Community Service.

1 Question

I lost the packet which have my wife's and my I 140 Documents.

My wife's I 140 was filed by the current employer. Mine was filed by the old employer and i have the current I 140 which was filed by the New employer but the old PD is not ported yet.

How would it impact our GC Process.Me and my wife filed the GC Separately and how would it impact our immigration to India ( which we are planning in 3 months)

Can we get duplicate and is it really needed, I have the soft copies of both the documents - Please suggest

2 Question

We might plan to India for good in Next year or so. Just want to know reg my daughter who born here in US in 2011. Will she have the criteria to come back to US any time or do they have any restriction to stay here for minimum months in a year or do i need to report her stay any where in India or USA

Please suggest with answers.

Thanks again

H4 and AP

I am on H1 extension and my wife is on H4; we both have EADs and APs. If she travels abroad, and returns to the US on AP -
1. Does she "revert" to H4 after entering? Or, reverts to H4 while filing for the next extension?
2. Or, is she effectively on EAD and can work with EAD while I am still on H1?
I would like to keep working with H1 status and have EAD as a backup.
Green Card to Citizenship Questions

Hi Rajiv,

Iam an Indian national married to a Green card holder and my I-130 has been approved recently.
My spouse got his Green card through family based immigration 5 years back i.e on May 2008 .

The rules for getting the Green card says

1) 30 months stay in USA which she has qualified
2) more than 5 years of getting the PR which she qualifies

But Unfortunately she has made more than 2 trips(each comprising of more than 6 months due to her Education back home in India without taking permission or filing I-131)

Can she apply for US citizenship and make a try
as can proof her ties to US while she made 2 trips to India

1) She was enrolled in a US University for Studies
2) She had a bank account in USA
3) Her father was paying Taxes in USA
4) She had a driving Permit .


Consular processing for my father

I became an US citizen a couple of months ago and would like to process GC for my father who is currently visiting me on a tourist visa. My question is, can I do consular processing for my father while he is in the US and will that put him at a disadvantage (I understand he will need to travel back to india for the interview).

Does being in the US when applying for a greencard preclude him from Consular Processing?

Lastly in the I-130 form in the field "date snd place of present marriage" should I fill up details or leave it blank (my father is widowed). Similarly in the field "name of prior spouse" and "date the marriage ended" should I leave it blank or do i need to fill up details and mention the date on which my mother passed away.

Thank you for your guidance,
H1 to H4 Back to H1

Respected Rajiv Sir,

I would like to know how to get converted from H1 to H4 and then back to H1 after 5-6 Months.

1.What is the process involved in it and is it Safe or not
2.Is it again a H1 CAP Involved if we want to convert back from H4 - H1
3.Also, Can i go to India after i got converted to H4 get the H4 stamping and then come back here and can i convert to H1

Please suggest.

Priority date recapture:

Hi Rajiv,

I am in the process of filing the I140 from employer B. My priority date from Employer A for whom I do not work is nov 2007. What documents are needed to send to have this date captured on the new I-140.

2. I have not left USA since 2004. I do have a H1B visa stamped in my old expired passport from 2002. Can I go to canada for stamping after the I-140 is approved.

3. Do you think the priority date is going to move to 2007/2008 if so when? Predictions

4. If my lawyer messes up my case will you be willing to take my case. She is just being too difficult and is delaying all my paperwork.
H1-B Stamping Documentation for E-C Model

Namaste Sir

I am currently Working for direct client (B) for my employer (A). My work site is B's location, and my direct Supervisor at B is also an employee of employer A. Control regarding my performance, hiring or removal with employer A.

1 - For H1-B stamping in India, I would be carrying an current employment letter to show active and valid full time employment with A, along with other documents. Would I need to carry any other additional document towards proving the employer-employee relashionship piece ?

2- Would I need photo evidence (like pictures of office, company building, coworkers etc). for A (employer) or B (Direct Client) or both (to prove that A really exists and also B really exists) ?

3 - If you could briefly talk about any tricky questions that need careful handling, that would be great.

4 - Does anything change (in terms of items 1,2 and 3) for H-4 stamping tied to this H1-B ?

Thanks so much
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