Radio show April 28, 2015:
Question1: My spouse is on H-1 visa and his former employer filed I-140 and then my spouse changed his employment to another employer and transferred his H-1, the I-140 has not been revoked by former employer. So my H-4 is with the former employer valid for three years, and current employer for my spouse has not filed H-1 for me. Is the H-4 from the former employer valid for file EAD or do I have to apply for H-4 again and what would be the documents that would I need to file H-4 EAD ?
Answer: Every time the H-1 holder changes job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good. You don't have to have different H-4 for the employer. Of course, every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1 holder has never violated status that H-4 continued to be good from job to job to job, you are good.
Your second question was what document need to file H-4 EAD?
Answer is we don't know yet. When the instructions for the new form I- 765 come out along with the form I-765 they will tell you exactly what you need to submit . I suspect probably marriage certificate along with evidence of couple of last pay stubs of your husband's, copy of H-1 receipt and a copy of your H-4 receipt or approval or visa stamped. That typically they should be looking for. But I don't have any basis for saying, this is just my guess.
Question 2: I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?
Answer : In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.
Question 3. I just got my citizenship and now wants to apply for my younger sister, who is alone in India. I lost my parents few years back so she is all alone but she is above 18. Is there any way I as a brother and only relationship here in United States apply for her Green card in such a manner that she can be here in United States as soon as possible.
Answer: Siblings Green Card is like planting mango trees, in India we used to have saying that mango trees takes so long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card. However leaving the option of Green Card filing you could look at the things like sponsoring her for her student visa if she wants to study or if she is an professional or intent to be professional soon she can come on H-1 or L-1 visa, like other people do. f you have money you can gift her half a million or million dollar depending upon what kind of money you have that you can invest in her. So Investment visa could be an option but there is no way you can expedite sibling green Card.
Dear All,
I want to inform the full story of my GC Episode. I am writing this on Sep-22-2004.
I was planning to apply for my GC during 2001 March. I was visiting many Attorneys office personally in Houston and through phone. I found out that, Attorney Rajiv S.Khanna was collecting the decent fees among all.
Then I checked his reputation. It was amazing. So, I contacted him through email.
Within 24 hours, with free of cost he talked to me. Listened my case and suggested me to apply through EB1 (OR).
I chosen him and his office gave me case number and opened a file for me. Then they assigned me to interact with one of Attorney’s Associates Ms.Diane D Lombardo. A Wonderful lady.
She walked through with me for the entire case (around 3 years). I could have asked at least 100 questions in my full three years, because my case was getting complicated. I lost my Job before I140 approval. I am a software engineer, so it is not a surprise for me. But, INS cannot understand that. I thought I lost my GC almost. But, Diane in continuous consultations with Attorney Rajiv rescued me from the deep problem. My sincere thanks to her.
Next Thankful person is Mathew Chaco. He also one of Attorney’s Associates. Great Person. Free to approach and also fast in responses. When my Finger Printing was not raised by INS. I approached him. He arranged for a talk to INS from Attorney office immediately. Within 30 days I got FP from INS. While many of my contemporary GC candidates are yet to get FP, I got it because of him and my GC also approved within 2 months after FP.
Next thankful Person is Ms.Suman. Over all supervisor. She talked to me several occasions. She is always to the point. If you approach for any issues. She will inform you the time for the reply. Exactly within the mentioned time (after the discussion with Attorney Rajiv or some times she arranged Attorney to talk to me) she will always reply with the possible positive answer.
All these questions I raised with them are free. Because I am a client for them.
Their office people also having excellent hospitality. Polite in answering and approachable.
BASED ON MY OWN EXPERIENCE, ATTORNEY RAJIV AND HIS ASSOCIATES ARE THE BEST LAWYER FOR IMMIGRATION RELATED PURPOSE IN USA.
Email me if you have any questions.
Good Luck.