Video recording for June 19 Conference Call

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monica1

monica1

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Video recording available for June 19 conference call.


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Conference Dial-in: : (202) 800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: July 10, 2014
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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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Hi Rajiv,

I work for a consulting company A and i have my approved I-140 in EB2 with PD of March 2012.

Now the client Company B is offering me Full time job and i am planning to transfer my H1B visa from Company A to B.
As Company B is big financial organisation i am not sure when then plan to apply for GC so i wanted to keep the company A PERM/ I-140 active without revocation.

1)My question is can the company A still keep my I-140 active while i no longer work for them?
will there be any complications in doing so for me or any negative influence on the company or their employees as long as they can support the wage in PERM and keep the LC open(Company A has 70 H1B's out of 104 employees, 8 GC/citizens and 12 -18 active GC applications approved I 140 waiting for Priority date - company A is immigrant dependent)

what kind of justification(good reason) can my employer give if asked by USCIS why did you let the employee go if he has the I 140 approved? and why are you still keeping the position open ?

Company A lawyer tells me that it may raise complications and bad influence on others employees in company. Is that true?

2) if Company A I-140 is active and i work for company B and the PD becomes current.
should i come back and work for company A after the PD becomes current or i can still continue to work for Company B?

3) will my H1B extend beyond 6 years with company B as my I-140 is active with Company A? (worst case if company B don't apply for GC as i am in 5th year)

Thanks for your help to the community!!!!

//Vikram
 
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Hi Rajiv,

I have received my NOIR document from USCIS. I have sent it to xxxx@immigration.com. Can you please give me your valuable suggestions and comments on that Document?

Other follow up questions.
1. So my wife can start a new gc process with her employer A or new Employer B even though she is not holding any H1b right now.
2. What happens to her gc process if god forbid my GC is denied in 1 month.
3. On what status is she will be after my GC is denied.
4. Can she continue GC process with employer A or B even after my GC is denied( as she is dependent on my GC process with valid EAD till mid of next year )?

Thank you Rajiv for your great work and also helping us.
 
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Changing Employer with different Job Description during GC I-485 Pending
=======================================================
Hi Rajiv,

I am working for Company A since 8 years and they filed my GC in EB2 category and currently working on GC EAD.
I would like to take a full time opportunity with Company B with different skill set/job description (from QA to SAP job description) which was not defined in the GC Labor with Company A.

Below are my questions:
1. Can I change job from Company A to B with different job description during I-485 pending? Assuming Company B will provide with new job description related to SAP that will not match with Company A job description?
2. What happens, if I don't file AC21 for Company B and received RFE on job description when I will be working with Company B?

Below are details for reference:

Priority Date: 06/16/2008
Category: EB2
Work Auth: GC EAD

Thanks for your help.

Thanks,
Srinivas
 
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Hi Rajiv,

I got my H1B approved couple of months back.I noticed the passport number was printed wrongly in the petition.So My employer applied for amendment to change the passport number.

Is it possible to do H1B transfer with my original approved petition even though the amendment petition is approved?

The reason for this question is getting petition copy from my employer is little difficult. I do not want to go through the pain again.

Please clarify.

PS: I am in legal status.

Thanks,
kishore
 
connect2kish said:
Hi Rajiv,

I got my H1B approved couple of months back.I noticed the passport number was printed wrongly in the petition.So My employer applied for amendment to change the passport number.

Is it possible to do H1B transfer with my original approved petition even though the amendment petition is approved?

The reason for this question is getting petition copy from my employer is little difficult. I do not want to go through the pain again.

Please clarify.

PS: I am in legal status.

Thanks,
kishore
Click to expand...
This question does not need to wait for the conference. I see no reason for you to be considered out of status or for you to not to be able to transfer, even with the incorrect passport number, Kishore ji.
 
Hi,

I had filed my H1B and got selected in lottery. I have received an RFE notice from the employer where I need to provide evidences regarding 'The benficiary appears to be qualified for a specialty occupation in the field of Chemical Engineering. It is not evident from the docs provided that the beneficiary is qualified for any other specialty occupation. Evidence must show how the beneficiary's degree is Chemical engineering qualifeis him or her for the proffered position as a Program manager which is closely associated to that of a Computer and Information Systems manager."
Could you please let me know what sort of documents should help me to get through this RFE?

Please let me know your thoughts if possible regarding the association of my education and work experience with the position for which I have applied for.

Looking forward to your reply.

Regards,
Joydeep.
 
Hello Rajiv Ji

Namaste. Details of the situation:

1) Working for an Employer A and its Direct Client B. Employer has full control, as my Supervisor at Client B also an employee of Employer A.

2) I-140 Submitted and Approved, PD not current.

3) 3 YR H1-B extension filed beyond 6 years, filed on the basis on I- 140 Approval. H1-B extension approved.

Questions -

1) Say I need to / want to change my job to Employer B, Can I transfer this H1-B, on the basis of I - 140 approval from Employer A ? Any caveats if I-140 by employer A is revoked ?

2) Would the new employer B have to file a new/freshPERM and also a new I -140 subsequently, or just the I-140 ?

3) Should this new PERM (Employer B) be filed before or at the time of filing for H1-B Transfer, to take care of possible I-140 revocation by employer A ?

4) Can I start working with employer B once the transfer is filed by Employer B, or would it be better to wait till it gets approved ?

5) I have heard that in these cases you can still port / carry over your PD. Is it automatically done or any other form to be submitted ?

6) Any possible risks or caveats in this whole thing.

Thanks so much
 
I entered the US through my parents under f43 visa at the age of 21. I'm 27 now and started to work on my citizenship when I encounter the Selective Services. I can't remember anything about that so I went to check online. I tried to verify online, filled out last name, ssn, and birthdate only to find out I'm not registered with SSS. I'm clueless on what to do next. I've read different article wherein they said that can be processed automatically when I applied for Permanent Residency. Can you direct me, what to do next or my other options. Thanks.
 
Hi Rajiv,

Hope you are doing well.

I need your advice for my wife’s F1 visa stamping in Canada. Following is her situation.

My wife came here on F2, after my H1 approval her visa converted to H4 valid till July 2015. We both went to India last year and got H1 and H4 stamped on our passports. Then after we have requested for her F1 visa and got approval from USCIS on Feb, 7th 2014. She never travelled out of United States after her F1 approval.

We recently got our Canadian PR. So, we need to go Canada to complete our landing process and planning to visit Canada just for 10 days and will come back to US. So, I have following questions.
  1. Can she use Automatic Visa revalidation (AVR) to visit Canada for 10 days or she need to go to US consulate in Canada for F1 stamping?
  2. Does AVR create any adverse effect on her future visa request or on my green card process?
  3. If we need to go for her F1 visa stamping and in case of F1 rejection, can she come back on H4 visa to reenter in United States as her H4 expires in July 2015 or she need to go to US consulate in Canada to obtain her H4 visa again?
Thank You,
 
Hello Rajiv,

I am in the USA on H1B visa since the year 2003. I am working with my current employer on H1b for the past 8 years, also they have started by GreenCard process which is at I-140 approved stage (currently waiting for the propriety dates for the next step). Currently we are anticipating major layoffs in next one to two months and due to this i will most likely loose my job.

1) As i am in this country for more than 10 years. My understanding is that currently my H1b extensions were possible only due to my green card application filed by my current employer. In this situation, can i still move to another company by transferring my H1b status?
2) If answer to the above question is 'yes', to maintain my H1b status, do i have to transfer my status to another company before the layoff occurs (before i loose my current H1b status with current employer)? if i can't find another employer within the given time (before i loose my current job), what alternatives do i have? (Additional information: my spouse is also on H1B and in the current immigration status as me, with approved I-140 with a different employer )
3) If the answers to the above question requires detailed review of my case, i would also like to take appointment for a paid consultation. Please advice.

Thanks very much for your time,

Regards,
Sanchi
 
Hello Rajiv,
My mother in law had filed I-130 (Petition for Alien Relative) for her sister in January 2011. My mother in law passed away last month. What can be the done if I-130 petition died and there is no blood related family living in USA except niece and nephew. Thanks

Abhi
 
Hello Rajiv Ji,
Situation: My Wife has worked for Company A for almost 5 years on H1. She has I-140 approved or her green card filled in EB2 from company A. Due to some issues the company A has terminated the business so she has to move to a different firm - Company B. She got her H1 approved from company B.

Questions : 1) I wanted to know whether she has to start the green card process again from scratch for Company B. Like labor / I -140 ..... etc.
2) When should i start applying for the Labor ?
3) If Labor has to be processed what do you think the current time lines are for getting labor approved ?

Thanks,
Sreepal.
 
Dear Rajeev Sir,


My name is Rakesh and I work on H1B for a Client through employer A.

Inspite of working continuously for last 3 years for employer A, because of the HR policies they haven’t initiated my green card process and I am afraid they will not initiate my green card process in the near future.

While working for employer A, I Want to know if there is any option of another employer(B) initiating my green card process. If I get to I-140 Approval from employer B. Without working for employer B, will it possible to use that priority date and I-140 approval move to another employer C(Probably my client). If so , does it have any negative consequences… Please help me out with the possible scenario’s.

I would be moving to my client in near future(2-3 years), So i would like to know if another employer can file GC and if i can use i-140 approval to move to the client after 2-3 years time


Thanks


Rakesh
 
Dear Rajiv ji,
I am Naveen. My PD is Jun-2008, EB2 category. I applied for 485 in Jan-2012 and currently on EAD. As you probably know, recently USCIS had issued Mass RFEs for applicants who may become current in next few bulletins for updated medicals and employment verification letters. I haven’t got RFE and with the July bulletin my date has become current.

Now I am concerned on why I haven’t received RFE while almost all of my friends who have similar timelines with PD and 485 application dates got RFE at least updated medicals. I just want to ensure that my application wasn’t put aside for some reason, is there any way we can check if my application has already been pre adjudicated or not and if I am all set to get my GC when it is picked up for processing? I want to know if there is anything that I can do proactively to ensure that I don’t miss the boat this time? Thanks in advance.
 
Hi Rajiv,

My STEM OPT end on Oct 30, 2014. I was not selected in H1B lottery. So, I decided to join university for second masters for FALL 2014 (classes start in August last week). My F1 VISA Stamp on my passport is valid till 2015 Dec.

My question is: I am planning to travel to India in July for 1 week. Is there any risk (like officer questioning about my comeback when the opt ends in few months) involved at port of entry during my comeback in to the country?

Thank you For your help to community.

Sai
 
Hello Sir -
I am currently in the process of filing I-130 for my mother. It's been 10 years since my father has passed away, and since then my mother is living as a widow. Do I still need to put my father's name as my mother's spouse under C.17 as described below?

Thank you for your service and suggestions!!!
Kruz

upload_2014-6-10_16-17-33.png
 
Hi Rajiv,

Thanks you so much for helping us. I am working on H1B and I 140 is approved. I have a few questions regarding the options to stay in USA with my mother.
1. My father is passed away few months ago and now my mother is alone and completely dependent on me. I would like to live with her. She is having tourist visa for 10 years. Is there any way I can add her on my 485 application (Green card process).

2. Can she live with me till the validity of my H1B. can she get Humanitarian parole status ?

3. I heard that US citizens can only sponsor their parents. In my case, to sponsor Green card to my mother It will take 7 more years to get Citizenship
so it's a time consuming process.

4. I would appreciate if you could suggest me any way we can live together in US . How frequent can she visit to US on tourist visa ? Is it ok she can live
6 months in USA or 6 months in India

5. Do I need to live 5 years continuously to get US citizenship in US after getting a Green card ? Am I eligible for US citizenship If I live 5 years in India after GC
and visit US within 6 months to maintain Green card status.

Thanks
 
Hi Rajiv,

My GC case was filed in EB2 category by my employer in Feb 2013, I have exhausted my H1B years and currently on H1 extension, I got my Labour approved Aug 2013, and the I140 was filed Sep 2013 and got denied first time in Nov 2013, Company's attornery refiled I140 in Jan 2014 and it was denied again. He refiled with supporting documents based on RFE comments in May 2014 and it was denied again for the 3rd time, but during this process, I got my H1 extension done based on my Labour Approval and its valid till Feb 2015.

My concern is :
- I have to travel to India on 1st week of July, so is it advisable to travel outside USA, after getting I140 denial notice. ?
- My attorney said he is filing for the Appeal by end of June, So with the appeal notice what are the changes of getting my visa stamping done successfully at Mumbai Consulate, and also should I go immediately for my visa stamping ?
- I140 denial and travel to India with it, will it cause issues in future in obtaining any other type of Visa ( Tourist, B1, Fresh H1, L1 etc)
- Is it possible or advisable to travel to Canada or Mexico to get my H1 B visa stamped.?
- Can I immediately start my fresh GC process in any other category, say in EB3 and how soon will I get my labour and I140 approved if filed in premium?
- Is there any other possibility which will not risk my visa stamping in India and travel back to USA.

Thanks,
Somen
 
Green Card Dilemma - Planning to Move to India - Priority Date current
Hi Rajiv,
I am planning to move back to India in end of July. My current employer also have office in India and have offered me a position in India office. Yesterday USCIS have announced the July 2014 visa bulletin and as per that my priority date (EB2 case, PD- August 12th 2008) have become current for month of July. This has forced me to reconsider my decision to move back. I really want to move back at the same time keep the door open if things does not work out back in India.
Here are my options as per my knowledge and would like your expert advice on what is best option in my situation
1. File 485 from US and stay until I receive Green Card. Then apply 131 for re-entry and go to India probably early 2015.
a. Can I travel to India after filing 485 while the application is still under process?
b. How long usually it take to get the approval for 485?
b. Do I need to work with current employer (stay in US) minimum any duration before I can file re-entry permit?
2. File 184 to convert the case to consular processing and apply for immigrant visa from India (if my PD is still current at that time) as soon as 184 is approved.
a. How long usually it takes to get the decision on 184?
b. Does the priority dates for consular processing follow the same dates/order as 485 from US?
c. How long does it take and are there less /better chances to get the approval from Consular processing?
3. File 184 and apply for Immigrant visa if and when I decide to come back.
a. Is there any duration limit in which I must file my immigrant visa application after I get notification from NVC for visa number to be available? Or can I file them any time?
What is the best option for my case in your opinion?

Thank you for your time to answer these questions.

Regards,
Mohit
 
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