Video Recording for US Immigration related Community Conference Call, August 21

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monica1

Administrator
Staff member
#1
Video Recording for August 21 Conference Call, answers to your US Immigration related questions.


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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: September 4, 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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rajimg

Registered Users (C)
#2
Hi Rajiv,
How much time does it usually take after finger printing to get EAD/AP/green card?
Can I travel freely and frequently to any country with the AP? I remember filling on the form for family visits etc to India,
Also since I am H1B which is valid till 2016 can I continue the current job and maintain H1B status and also take part time employment on EAD? or does it invbalidate my H1B?

Thanks in advance for your response.
 
#3
Hello Rajiv
I am a B1/B2 visa holder from 1997 and still having upto 2024. Director of an Indian company from past 20 years. Now wants to move here for a newly created joint venture with my Indian company and a US company, LLC in USA for establishing a new venture. Wants to work for L 1 visa , please guide me what are the basic requirement for it and what documents will be require.
I have visited to USA from 10th July 2014 to 12th Aug 2014 , and discuss some business proposals. Can I invest money to this new LLC from Indian company and initiate work on the basis of Business visa & apply for L1 during that period or will start working after the acceptance of my L1 status ?
Will my 20 years experience be counted as minimum 3 years experience of foreign company's one or not ?
Thanks
 
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dame

Registered Users (C)
#4
Hi Rajiv,

My lawyer filed for Interfiling (EB3 to EB2) couple of months back but there is no update to my I-485 case. It is still in “Initial Review” state, just like how it was filed back in 2007. I called USCIS and they are asking my lawyer to talk to them but my Lawyer is saying they won’t call. Can you please provide your advice for my situation?

Thank you
 

Mozaa

New Member
#5
Hi Rajiv, my case is 2014AF00094xxx and I haven't gotten any appointment yet and September is almost here so what is going on. I'm getting worried pls help me.
 

HoustonKrishna

Registered Users (C)
#6
Hi Rajiv,
Follow up question based on DOL - case . FYI DOL is ready to give in our favor but only 50% of total due.

DOL said they cant push the employer to give 100% and if needed I need to go to court ...
I discussed with my wife and she is not ready in prolonging it any more and not ready to go to COURT .

I understand her point of view and would like to know - is it ok to settle for 50% payment and close this issue which is hanging with DOL for past 3 years ? .

I mean she had h1b from 2009 oct - till 2012 May - now if I settle for 50% is it going to Bite me later while GC processing ? ( FYI , currently your firm is doing my GC , so my wife will be dependent)
My fear , during GC will they question/RFE my wife for getting paid only 50% as it does not tally with number of years(based on LCA rate) she was in H1b ? ...

If that is an issue , what else should I ask employer or DOL to provide so that I can defend the 'lack of payment' ? (Like leave letter , medical leave , child birth)

Thanks
Krishna
 
#7
Hi Rajiv,
This question is regarding H1 transfer from Employer A (current) to Employer B (new) considering I-140 approved with Employer A.
a. After H1 transfer approval is received with Employer B, is it ok to continue working with Employer A? Does it that affect H-1B visa status or obtaining 3 year extensions to work with Employer A?
b. If employment with Employer B started then is it ok to come back to work for Employer A? can it cause any issue to H-1B visa status or obtaining 3 year extensions to work with Employer A?
 
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#8
Hi Rajiv My question is regarding my H1B visa.I got my H1B visa approved by premium processing which is valid from 1st oct 2014.Now due to maternity reason If I don't want to start working from 1st oct I decided to file for H4 Extension which is expiring on 30th sept.
Here my concern is that in case H4 get approved after the H1B effective date i.e. after 1st oct will it override my h1b status completely or will there be still option of COS from H4 to H1B will be there in future?In case I don't withdraw my H4 Extension and get approval before 1st oct -What will be the effective date of my new H4 Extension as Current H4 is valid till 30th sept?
if both H1 AND H4 has the same effective date i.e. 1st oct then which status will be finally valid As per the Last Action rule?
Please suggest...!!!
 
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dame

Registered Users (C)
#9
Hi Rajiv, I filed for interfiling (EB3 to EB2) – if EB2 I-485 get’s rejected then is there a possibility to use EB3 I-140 and reapply I-485? If my I-485 get rejected then will my wife’s I-485 also get rejected.
 
#10
Hello sir ,

Thanks for providing this services to community, it is greatly appreciated.

My priority date is 01/30/2009 and it is eb2 category, priority date is current with sep bulletin. I have travel plans and planning to go to India in the mid of sep for a month, I have advanced payrole. I applied i485 in jan 2012.
question is 1) can we travel when priority date is current ? 2) I have submitted medical in jan 2012, is this still valid , if not I am planning to take another medical before leaving to India , if uscis asks then I can send those new medicals.
3) I have g28 , do I get a copy if any RFE ? 4) Incase if GC is approved when I am n India , what documents I need to show in port of entry , is it AP or proof of GC approval ?
 
#11
Dear Rajiv,

I did watch some of the videos that you have posted regarding the options when H1b quota is over.

I had couple of questions regarding that. I am currently on OPT (STEM extension) with the visa validity till March 21, 2014. My employer filed for my H1b and unfortunately I was not selected in the lottery. My employer would like to file it again next year – however since I don’t have the work authorization on CAP GAP- not sure if the big gap would be good for the projects that I am handling. I wanted to find out if I have any options from the following?
  1. The company attorney mentioned to take one class (CPT) in spring semester so that I can cover the gap and will get the work authorization as well as enhance my skills in project management as my role recently got changed. However, I contacted my school and they would not allow to take CPT again after the completion of the degree. Not sure if this is even recommended?
  2. Is it possible to go back to school and take CPT in the first semester. If I start a new degree- would I lose the OPT the day I start school. For instance: In spring semester
  3. Is it possible to do volunteer for the same company for few months in order to complete my projects? Is it legal?
  4. Lastly, my spouse is based in USA and he has his I-140 approved- not sure if there is any movement in the h4 spouses to get EAD by end of this year ?
Are there any other options to keep working until I get the H1b next year?

Thanks in advance for your help with this.
 
#12
Hi Rajiv,

Two companies A and B filed H1B applications in April 2014 for me. Last week I heard from Company A that my H1b is approved but Change of status (F1 to H1B) is denied. Reason: " CPT is not integral part of my study"
What are my options now.

1) Does this mean Am I out of status.
2) Do I have to leave USA (Denial notice did not say anything to leave the country)
3) Can I file Motion to reopen (MTR) by myself or it should be filed by employer?

Right now I am attending the classes at my university.

Also the application filed by Company B is still in process.

Thank you for your time.
 
#13
Hello Rajiv Ji,
We really appreciate your continued efforts in serving the immigration community.

My wife and myself did a concurrent filing of I-485 and I-140 in April 2012 under EB2 category(filed in TSC). We requested for a prior PD( August 2009 ) from my EB3 application( filed in TSC). I have received my latest I-140 with the PD from the EB3. After 7 months of doing concurrent filing, in Nov 2012, USCIS( TSC ) sent me a I-797C notice suggesting the below :
"This is to advice you that in order to speed up processing we have transferred the above case to the following USCIS office for processing: NSC, PO.box 82521, Lincoln, NE 68501-2521."

One of my colleagues suggested that there usually is a confusion around this transfer between TSC and NSC. Because of which the I-485 will be left in limbo for a long time. Since the current EB2 dates are in May 2009, I want to be able to clear any road blocks involving my interfiling. Based on the above information both my cases seem to be in NSC. Should I take any action to get these cases transferred to TSC, as this is the processing location for my 2 cases?

Thank You for all your help,
USCISDOLGC
 
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#14
I plan to change my legal name when I go through naturalization in NEWARK NJ.
I want to change both my first and my last name. Do you know how much longer I have to wait if I go through a judicial ceremony in NEWARK? Or do they offer a judicial ceremony in Newark or I have to goto court myself and provide USCIS the name change paperwork before they put me through an administrative ceremony to get my citizenship?

I see many people on the forum having problems with their name change at NEWARK office.
Please advice whether it is worth the trouble going through name change if I am filing with this office. Thank you!!
 
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#15
Also, I ask another question for a friend who does not have an account here on this forum.
Is it possible to ask for FOIA documents if one does not have any paperwork left to remind him of his A number.
He wants to know a case he filed and withdrew years ago, but all he has is his passport number at that time. No information on A number.
So with passport number, birthday, and full name, will the FOIA process go through? Thank you!
 
#16
I have a question. As a H4 visa holder in the USA (my husband is on H1B), and an Indian citizen, I plan on applying for Canadian PR via the federal skilled worker program, to eventually start working there. The question I have is if my PR does come through within a year, will my H4 visa in the USA get affected or be void immediately? Provided I don't get a job in Canada by then, how long will my H4 be valid after I get my PR in Canada? Can I choose to live in either country in that case?
Also, while applying for the PR, they asked for sufficient funds. Since I am a H4 dependent, can I show my husband's funds and income as a source? Because I am not earning here, I will have to have his money transferred. Will that be a problem?
 
#17
Can people do Amway biz on H1B visa?

If they are serious, can they file for a separate H1B to represent amway?

How will it impact? They get 1099 misc for commissions and still pay taxes.
Will this impact while applying for green card?
 
#18
Hi Rajiv,

I am currently on F-1 visa, and just started my OPT grace period. My OPT won't start until Oct, 2014. Just yesterday, I got a job offer from a university education foundation, which qualifies for 501(c)(3). They need me to be on board immediately. I am wondering (1) whether I am eligible to apply for cap-exempt H1b, and (2) have the H1b effective before Sept 15, if I go through the premium process.

Thank you so much for your time, I really appreciate your helps on this matter.
 
#19
Hello Rajiv,
Thanks in advance. I am an EB2 with priority date June-2008, which is current since last month. I have applied for 485 in Jan 2012 and so my medical would have expired. Even though I am current now, I have neither got medical RFE nor got approvals. So I have opened SR, took infopass with no luck. Finally sought help from Congressman and got a response that background checks are NOT completed on both my wife's and my application.

My questions are

How long does it typically take to get clearance?

What are my options (if any) to expedite the process, given I am waiting for more than 2.5 years for my 485 to be approved. Does contacting Ombudsman or filing petition in Federal court to expedite processing helps me?

Currently both my wife (dependent) and I are using EAD for employment. My latest H1B is valid till Feb-2015, but I have switched to EAD last March. Can I get my H1B reactivated and switch back as a safe measure, but continue to wait for 485 approval?

Thanks,
 
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Immiravs

Registered Users (C)
#20
Rajivji,
I have a question regarding 485 filing. I have an approved 140 from employer X. But when I traveled for Visa stamping to India in Feb 2012, my case was put under 221g for 16 months, but later the Visa was granted on Aug 2013 but in the end H1B petition was revoked in Apr 2014 , 1 month prior to the petition expiration date (May 2014). All along, I stayed in India but returned to US in January 2014 with a employer Y, a top 4 consulting firm. So my questions are

1. I have an approved 140 through Employer X but filed under consular processing. Should I continue the GC processing given the H1B revokation?. What are the chances of GC approval?

2. My new employerY will file for my GC some time in Mar 2015 but after my H1B extension for 3 years due in Nov 2014 utilizing my employer X's 140. Do you see any issues in this scenario?.

I'm thinking of continuing petition X for another year by paying CP fee but convert the priority date once the New petition from Y is at 140 filing stage. Given my scenario, please advise what is my best course of action.
Thanks a lot for your time.
 
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