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Recording of Free Community Conference Call (Every Other Thursday), 12 January 2017

8 years ago By Chief Editor

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 12 January 2017:
FAQ: FAQ: New Regulations Calculation of 180 days for H-1 extension and several related questions; FAQ: Consequences for green card and other in switching to H-4 EAD from H-1; FAQ: Compelling circumstances EAD 

Other: DUI affect on naturalization; CSPA; L-2 reentering the USA; SEVIS errors and J-1 options; Abandonment of I-130; Types of H-1 extensions after 6 years of H-1 are over; Applying for naturalization - counting days; Rules for H-1B quota exemption; Applying for h-4 visa; I-131 reentry permit; Effect of employer’s bankruptcy on green card and H-1, etc.

Turning 21 - do I have to convert to F-1 from H-4?

16 years ago By Chief Editor
Question details

My father is on an H1 b visa and his employer has filled for his green card Me and my Family are on H 4 but i am about to be 21 and thus my h4 visa cannot be renewed.I-140 of all the members of the family has been cleared but we cannot yet file I 485 as the priority date is not near. Do I have to convert my visa status into F 1 so that i can live and study here? Is there anyway that i can file for my green card as when i filled my papers i was not 21 and it is because the file is pending i cant put forth my 485 papers. Is there any chance that under special cases like mine we can get my papers filled as I am about to transfer to a University and it is very hard for me to afford to pay the fees as an International student when my papers are so close to green card.

 I do not see any way around filing an F-1.

Checked the wrong box on Form I-90

16 years ago By Chief Editor
Question details

Form I-90
Green Card was lost. Instead of checking Part 2, 2a, I checked Part 2, 2f. Submitted online and paid with credit card.

The instructions state the following: "If it is necessary t o change any information on your submitted I-90 application, please bring evidence to support the change with you to your biometrics appointment. DO NOT send written correspondence regarding changes to the address below."

At the biometrics appointment, can the interested party state the above mistake and solve this situation? Or will the USCIS denie the application? And another filing fee will have to be paid?

You should certainly point this out at the biometrics appt. You should also call the CIS customer service number and explain the problem. In addition, you should contact your Congressman. Let them contact CIS and help you correct this issue.

Green Cards for Physical Therapists

16 years ago By Chief Editor
Question details

I am a licenced physical therapist in Michigan and working on my OPT. Is it true that PTs and nurses are exempted from the labor certification during green card process? and they do not need to file labor certification?

And considering the current scenario, can you please let me know approximately how much time does it take for a physical therapist to get a green card?

 PT's and RN's are both exempt from filing labor cert, but the time for their green card processing is still tied to the time it takes for people from the country of their birth. An India-born PT will wait the same time in EB-3 category as any other India-born EB-3 applicant.

What happens when an employer is under criminal investigation/indictment?

16 years ago By Chief Editor
Question details

What if an employer is indicted on multiple counts and he is cleared of all other charges but he pleads to a conspiracy charge with home detention for a few months as his punishment. How does this effect pending cases at his business?

That depends upon whether or not the conspiracy was in fact in relation to the pending cases. For example, if the fraud/conspiracy involved non-payment of H-1 employees, that should have no affect on pending green card cases. 

Expected I-140 denial

16 years ago By Chief Editor
Question details

Thanks in advance for your help. My current situation is this :
1. Applied for I140 and received RFE
2. RFE requires Employer's 2007 tax document and my recent W2
3. There is a salary difference in W2 and Labor ( salary < Labor = 7000 USD) and the company was in loss for the fiscal year 2008.
4. This is my 6th year in H1 B and it expires in October,2009

My questions are:

1. Can I transfer my H1 B to another Employer at this situation and apply for my new Labor?
2. If Labor is approved, can I file my I140 premium and apply for 7th year extension?
3. How long will it take to cancel the current I140?

Please help me out regarding this situation.

Thanks and awaiting for your valuable suggestions.

 You can get an H-1 extension when your I-140 or an appeal against the denial of an I-140 is pending. So you can have the employer file an appeal against the 140 denial and change employers. The appeal of employer A, will get you H-1 extensions for employer B. This could be easily good for 1-2 years of H-1 extensions. Start the green card again with B.

If I-140 gets revoked/denied does my H-1 extension get canceled?

16 years ago By Chief Editor

Quote:

If we apply for a H1b extension for another year ( I believe we can apply 6 months before the expiry of the current 7th year H1b ) and if its approved, does that mean that I can still work till Nov 2010 even if the I -140 gets rejected before the extension comes into effect?

Ans. Yes. You are safe. Under current practice, CIS does not take away extensions already given.

Quote:

Guestbook Entry for Veera Vemula , United States

16 years ago By Chief Editor
Name
Veera Vemula
Country
United States
Comment

We have applied all my H1, H4 and Green Cards through Rajiv's Law Office.

We have received our Green Cards last week. I would like to take this opportunity to thank Mr.Rajiv Khanna and his excellent team.

When my company asked me for the best immigration lawyers several years ago, I have told them that Mr. Rajiv is the best one. They have valued my advise and went with Rajiv's office for my immigration matters. Since then, I have received excellent quality service from Rajiv's team.

The availability of Rajiv's team has been superb through out my immigration process especially, Prerna Mehta, Mathew Chacko and Reecha Nareng.

My special thanks to Prerna Mehta and Mathew Chacko for their excellent help, support and advise in my GC process.

I never thought of the fees I paid for Mr.Rajiv's Office valuable services. But the attorney fees are reasonable for the valuable service they provide compared to any other noted firms.

In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this Law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC.

Looking forward to recommend your law firm to my friends.

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