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  • Recording available for download for Dec 15 Conference Call

    Recording available for download for the Dec 15 Conference Call.
    http://www.immigration.com/free-comm...nference-calls


    ----------------------------------------------------
    Conference Dial-in: 1-712-432-3066
    Conference Code: 531023
    Topic: General Immigration Related Questions
    Start Time: 1:55PM, EST
    End Time: 3:20 PM, EST
    Next CALL DATE: Jan 5, 2011

    -----------------------------------------------------
    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 monica1; 15th December 2011, 10:39 PM.
    ---------------------------------
    Forum Administrator

  • #2
    Change of lawyer (Green Card Consular processing) I140 approved and invoice raised

    I have an ongoing consular processing case for Green Card (EB1 I140 approved). I am currently working in my country of citizenship. We were copied on immigration fee invoice from NVC to make payment for our case (original addressed to our lawyer) and subsequent consular processing. However the lawyer is not responding to our emails and phone calls for the past month as my company has decided to transfer from this lawyer most other cases except mine.

    Qs
    1) What steps can I take to transfer lawyer at this stage ? How long will it add to processing time if I transfer lawyer ?
    2) Can I make payment directly to NVC and submit packet 3 documents without the help of lawyer ?
    3) what documents ( like approved I140 ) do I need from lawyer for subsequent processing and consulate interview ?
    4) what would you advice in such a situation as mentioned ?
    Last edited by sandyabc; 12th December 2011, 10:34 PM.

    Comment


    • #3
      H1B validity 9th year: Change of employer

      My cousin has an approved PERM and I140 (EB2) with employer A. He left employer A and is currently working on H1B with employer B. He has 1 year left on a 3 year extension he received during H1 transfer to employer B. His PERM priority date is current now.

      Qs)
      1) If he decides to join employer C and transfer his H1B, will he get a 3 year extension (like he received when his priority date was not current) or will the transfer be valid till the end of his current visa (1 year from now) ?

      2) What happens if he decides to work for employer B, gets PERM approved via employer B and then join employer C ? Will he get a 3 year extension or an extension valid till end of his current visa.
      Last edited by sandyabc; 12th December 2011, 10:37 PM.

      Comment


      • #4
        I-485 questions

        Namaste Rajiv ji,
        I am on H1-B visa and my EB-2 Priority Date is May 15, 2010. Please see below questions regarding I-485.

        Question # 1:- Typically, how long would it take to receive Advance Parole and EAD after filing I-485?


        Question # 2:- I entered USA on F1-Visa in year 2000, and then changed my status to H1-B visa within USA in year 2004. I never left USA since year 2000. My passport does not have H1-B visa stamp. In order to file I-485, is it required to have H1-B visa stamp in my passport?


        Question # 3:-After filing I-485 and before receving A.P., if I travel to my home country for H1-B visa stamping, is it possible that my company can mail A.P. documents to my home country so that I could enter USA using my A.P. in case H1-B visa in my home country is denied?


        Question # 4:- I came to know that it is required for an alien to be present in USA at the time of I-485 filing. Is it also required that an alien must be present in USA until A.P. is approved?


        Question # 5:- Does Visa Officer have the ability to cancel A.P., in case H1-B visa is denied in my home country due to 221(g)/missing tax returns/W-2's/Paystubs?

        Question # 6:- If my H1-B visa is denied in my home country, and if i enter USA using A.P., then could my spouse enter USA using H-4 visa using my valid I-797 approval notice even though I do not have H1-B visa stamp in my passport? If I enter USA using A.P., what are the options for my spouse? Kindly advise.


        Question # 7:- At what point of time during GC process, do I need to add my spouse? Should it be before filing of I-485 or before Visa Number is available? Kindly advise me.

        Question # 8:- After filing my I-485, and if my spouse is in USA on H-4, will I be able to add my spouse to my I-485 application? By the time, I want to add my spouse to I-485 application, if Visa Number is available and if AOS/I-485 is approved, then would I still be able to add my spouse if spouse is in USA and also outside USA?


        Thanks in advance! Happy New Year 2012!!

        Kavita
        Last edited by Kavita_K; 13th December 2011, 01:31 AM.

        Comment


        • #5
          Current Immigration Status

          Hello Rajiv Ji,

          My wife got a job and was sponsored by the company to change her status from H4 to H1B. Her H4 was expiring on Oct 01, 2011. The H1B petition was filed on Sep 29, 2011 and has been approved by the USCIS on Oct 11, 2011, with a validity period of Oct 06, 2011 to Sep 30, 2012.

          When the H1B petition was filed, an I 539 petition for the extension of her H4 was pending with the USCIS.

          After the approval of her H1B status, we had sent two letters to USCIS (one to USCIS in Lewisville TX and one to the Vermont processing center) to withdraw the pending I-539 petition, since she was in H1B status, however USCIS approved the I-539 petition on Nov 21, 2011 and the H4 approval notice has a validity period of Oct 02, 2011 to Oct 01, 2012.

          Based on the approval and validity dates, what status is she in currently - H1B or H4?

          Thank you,
          Venkatesh

          Comment


          • #6
            I-485 Pending with Texas Service Center.

            Hello Rajiv,

            Under what circumstances I-485 may reject?

            Currently my 485 is pending and AP approved, planning to travel outside USA for 1 month. I am current and may not know when USCIS look my 485 application. I am really worrying whether to travel or not.

            Kindly please answer below questions.

            1. Continuously maintain legal status and paying taxes
            2. No speeding tickets, criminal records
            3. Continuously living in same state since I came to USA

            4. Continuously working, no brakes. Employer is paying less compare to Market rate as I came on L1 visa-Is this(low salary) impact 485 approval??

            5. Spouse worked on EAD and laid off due to lack of work and claimed unemployment benefits. Company attorney didn't provide any documents to USCIS saying that spouse claimed unemployment benefits.they(attorney) submitted federal tax, state tax return forms only along with other documents not even W-2 forms- if USCIS looks only tax returns document without looking her EAD may not know who( primary or derivative) claimed unemployment benefits. Is this impact my spouse and/or my 485 approval??

            6. if USCIS issue any RFE when we are outside USA, can we reenter using AP?? and AP is still valid?


            Thanks a lot for your help
            Last edited by pilla76; 13th December 2011, 10:23 PM.

            Comment


            • #7
              Finger Printing and GC application Questions

              Hello Sir,
              Could you please provide answers for my below questions on Finger printing. Thanks.

              1. At what point of time, do I need to go for finger printing ? Is it before filing I-485 application or after filing I-485 or before A.P., is approved?

              2. I am in West Coast. So, where (which USCIS center) do I need to go for finger printing?

              3. Also, could you please let me know if I can add my husband to my GC application after it is approved? Please note that my husband is on dependent H-4 visa and physically present in USA.

              4. Does USCIS give any grace period (how many months) to add spouse after primary applicant's GC is approved assuming that spouse is in USA on H4 visa or F1- visa. Does the same rule apply if my husband is on visitor visa instead of H4 visa?

              5. How many years of Federal income tax returns and W-2s are required for I-485 stage (at the time of filing I-485 or after filing I-485).

              6. I have gaps in H1-B status. I was on bench back in year 2005 for about 7 months. I do not have H1B visa in my passport. I have F-1 visa stamp. I need to go for H1-B stamping. Looks like my PD will be current soon. If I file I-485 using current passport details (student visa stamp) and assuming that I come back to USA on valid H-1B visa stamp by the time I get an RFE due to gaps in status, would USCIS ask for my latest passport details again considering the fact that I am now in valid status on H1-B even though I had gaps before back in year 2005. Would USCIS ignore those gaps after my latest entry on H1-B? OR Would they only ignore such gaps if I went outside USA, got my H1-B stamp by clearing such gaps before filing I-485?


              Thanks for your time,

              Best Regards,
              Alapati.
              Last edited by alapati; 13th December 2011, 07:09 PM.

              Comment


              • #8
                I539 for H4

                My wife's I94 expired on 9/30, I have applied for I539 on 8/23 at which time my H1 extension was pending approval. The online status shows that its still in 'Initial Review'. I got my H1 extension approved later and my new I94 is valid till 9/30/2014

                My question: Is it matter of concern if it is not approved before 180 day period, if yes is there a way to expedite this approval process? (Either through contacting congressman or some other means)

                Thanks

                Comment


                • #9
                  H1 stamping

                  Hi Rajiv
                  Appreciate your advice on the following.

                  Background:
                  - Entered US in 2003 on F1
                  - Converted to H1 in 2005 with Employer 1
                  - Changed employer in 2006 to Employer 2
                  - First H1 stamping in Vancouver in 2006 valid until 2009
                  - Employer 2 files PERM, approved in 2008.
                  - Employer 2 files 140, approved.
                  - Employer 2 extends H1 to 2013 (I am currently beyond the 6 year limit)
                  - I changed jobs, am with Employer 3 now
                  - Employer 3 is approx. a $5B company in the hi tech industry
                  - Employer 3 has initiated my Green card again and Labor is currently underway

                  Current situation
                  - I plan to travel to India over Christmas and New Year this year
                  - I have valid I797 until 2013
                  - Employer 3 (my current employer) just had a massive reorg and laid off approx. 10% of its workforce
                  - I have been reading a lot of cases in the Delhi consulate where H1b applicants have been given the pink slip (221g)
                  - Just recently a close friend of mine (from an even larger tech company, that didn't have layoffs) got handed the pink slip (221g) in Delhi

                  Question:
                  - Under the given circumstances, is there a high probability to get H1 denied or get stuck with administrative processing?
                  - Is this an increasing trend of delays in H1b approvals that your offices are noticing?
                  - Is there anything I can do to better prepare and avoid this - understanding that your offices do not have all the info regarding my history or can predict response?

                  Thanks

                  Comment


                  • #10
                    EB2 Green card

                    Thanks You Rajiv Sir for your time and answering our questions.

                    Question #1.) We currently have an H1b who has been working for us since 1 year. His Work experience is from Aug 2002 – Till Date ( Over 9 Years of experience ). His education is B. Sc Computer Science ( 3 Years ). He DOES NOT has a Masters.

                    Can we file an EB2 Green card for him?


                    ----------------------------------------------------------------------------------------------

                    We are start up company with 3 years in business. We have 2 employees on W2 who are US Citizens. We Only have 1 H1b.


                    Question #2.) Our employee who is on H1-B will be getting a huge bonus apart from his salary. He is also involved in Job Creation and is active in Management decisions. Can you suggest that he can qualify under EB 2 " Entrepreneurs Category " as per USCIS memorandum "USCIS Initiatives to Promote Startup Enterprises and Spur Job Creation" ( Aug 2, 2011).

                    Availability of H-1B Visas to Entrepreneurs

                    " Entrepreneurs with an ownership stake in their own companies, including sole employees, may be able to establish the necessary employer-employee relationship
                    to obtain an H1-B visa, if they can demonstrate that the company has the independent right to control their employment. USCIS has updated existing FAQs to
                    clarify this issue. "



                    We as a company consider our H1 B employee as an Asset and are willing to do the below:

                    1. We can give him Ownership stake in our company
                    2. We as a company will be able to demonstrate that we as a petitioner would provide evidence that there is a separate Board of Directors which has the ability to hire, fire, pay, supervise or otherwise control the beneficiary.
                    3. He would be involved in Job Creation for US Citizens and would be an active member in making Management decisions.
                    4. We can establish the necessary employer-employee relationship and can demonstrate that we as a company has the independent right to control their employment.


                    Would we be able to file an EB2 Green card under this category?
                    Last edited by ctllc; 14th December 2011, 05:45 PM.

                    Comment


                    • #11
                      485 Filing PD current

                      My PD got current in Jan Bulletin. My employer mentioned that there will be delay in filing 485 since there is requirement of Company Tax returns(2011) which they intend to file by end of January. And also he needs
                      W2's for 2011 which i generally get in last week of jan or first week of Feb.

                      Are Company Tax returns & current W2's really a requirement for 485 filing? What employer documents are required?
                      Are educational documents also required to be submitted?

                      Comment


                      • #12
                        Originally posted by Kavita_K View Post
                        Namaste Rajiv ji,
                        I am on H1-B visa and my EB-2 Priority Date is May 15, 2010. Please see below questions regarding I-485.

                        Question # 1:- Typically, how long would it take to receive Advance Parole and EAD after filing I-485?


                        Question # 2:- I entered USA on F1-Visa in year 2000, and then changed my status to H1-B visa within USA in year 2004. I never left USA since year 2000. My passport does not have H1-B visa stamp. In order to file I-485, is it required to have H1-B visa stamp in my passport?


                        Question # 3:-After filing I-485 and before receving A.P., if I travel to my home country for H1-B visa stamping, is it possible that my company can mail A.P. documents to my home country so that I could enter USA using my A.P. in case H1-B visa in my home country is denied?


                        Question # 4:- I came to know that it is required for an alien to be present in USA at the time of I-485 filing. Is it also required that an alien must be present in USA until A.P. is approved?


                        Question # 5:- Does Visa Officer have the ability to cancel A.P., in case H1-B visa is denied in my home country due to 221(g)/missing tax returns/W-2's/Paystubs?

                        Question # 6:- If my H1-B visa is denied in my home country, and if i enter USA using A.P., then could my spouse enter USA using H-4 visa using my valid I-797 approval notice even though I do not have H1-B visa stamp in my passport? If I enter USA using A.P., what are the options for my spouse? Kindly advise.


                        Question # 7:- At what point of time during GC process, do I need to add my spouse? Should it be before filing of I-485 or before Visa Number is available? Kindly advise me.

                        Question # 8:- After filing my I-485, and if my spouse is in USA on H-4, will I be able to add my spouse to my I-485 application? By the time, I want to add my spouse to I-485 application, if Visa Number is available and if AOS/I-485 is approved, then would I still be able to add my spouse if spouse is in USA and also outside USA?


                        Thanks in advance! Happy New Year 2012!!

                        Kavita

                        I have upgraded your questions to a blog post: http://forums.immigration.com/entry.php?300-I-485-faq

                        Also, we will discuss these further in the call today.
                        Rajiv S. Khanna; Law Offices of Rajiv S. Khanna, PC. I am a lawyer. We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense. There is no way anyone can give accurate legal advice without a detailed review of facts in each case. My comments in the forums do not create an attorney-client relationship.
                        Join me: Facebook Twitter LinkedIn

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