FREE answers to questions from an Immigration Lawyer

[samay]

Originally Posted by rockstart

How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.

It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.

[samay]

Originally Posted by arc

Dear Sir/Madam

Thank you for helping us.

Scenario:
If one is working with company A on H1 and Company B applies a future employment GC for the person. The Person received EAD/AP for the 485 which is pending from 1 year through company B. Also have a valid and stamped H1 for 3 years from company A.

Now in this case:

1) Is there a Law or Need to Join company B since EAD has been issued?

2) Can one stick with company A even after getting EAD till he gets GC? In that case is AC21 required to remain with Company A?

3) Can one Join new Company X and use AC21?

I really appriciate your community service, thanks in advance!

1. No since the Green card is for a future job.
2.Yes since you have a valid H-1B and you do not need to invoke the AC21.
3. Yes.

[samay]

Originally Posted by mrdelhiite

My question: I came to us on F1 Visa. I do not have my last name in my passport. Yes it is true ..stupid passport department missed it as they write names with hand ... passport was made when I was in high school…9th grade to be precise. I never got it corrected and came to us …visa was issued to me using FNU firstname format. When I applied for I-20 SSN, and everything in US after that I added my last name (my actual family name which got missed in passport) as us system does not allow blank last name. Note that my passport last page correctly shows my fathers and mothers last name which I have added on all my us documents like SSN, DL, … now I have been in us from past 5 years with all ( and I actually mean all) my us docs like H1, SSN, I-20, License, 495 application etc in firstname lastname format. ….. the only 2 things which are not in my first name last name format is
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name

one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.

Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively…or I should wait for USCIS decision .. Usually RFE is given 30 – 40 days to reply and I don’t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS …. A lawyer’s opinion is much needed and appreciated.

Thanks for your help
-M

PS: my priority is Feb 2007 EB3

Please do get your passport in order. You should have got it done a long time back. I think it is fairly straightforward procedure. You can make an appointment with the Indian Consulate and take it from there.
Please do not wait for a RFE to do that.

[samay]

Originally Posted by swethanjit

Dear Sir / Madam,

I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?

Regards
Swetha.

You do need to transfer your H-1 B to company Y in order to work after Oct.2008.

[samay]

Originally Posted by ssharma

Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May-2007, and approved June, 2008.

I was in the middle of using AC21 just before my GC got approved, hence this urgency.

It is normally recommended to work with the sponsoring company for at least 6 months.

[pravarupa]

My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.


Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?


Will there be any movement for EB3-India in the coming year?

Your valuable response is highly appreciated.

[bestofall]

Hi Attorney ,

Thanks for your service.

Iam July 2 2007 485 Filer ( EB2 - March 2005 India).
I have received EAD & AP . Even we renewed our EAD and received Approval.

but My wife & my self have not received BioMetric Appointment for 485 or EAD.

As per August 2008 bullietin , Our PD will be current ...

what will be the impact on 485 Approval , of not having BioMetric Appointment scheduled , even after 1 year of 485 filiing..

Thanks again
Bestofall ..

[mnkaushik]

My Priority date is Jan 2004, EB3-India category having approved I-140 and applied 485. I have sent my EAD and aP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) and has applied for EAD and aP renewal which expire in last week fo October. We both applied independently and are using our H1bs and not EAds.

Since my spouse's PD is going to be current in August'2008, I was planning on applying for a second 485 as a dependent on my spouse's application. Questions i have are -
1) I did my medical for previous 485 in June of last year, is that still valid?
2) Can I still keep my previous 485 application or should I cancel it.
3) What should i do about my AP and EAD? I have travelling job and am thinking of looking for a local job around end of the year or begining of next year. So would like to know what I should do about EAD and AP

Lastly is there something i am not thinking of?

Will greatly appreciate your response.

[raysaikat]

Hi,

I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.

1. If I change into a non-academic job, then can the PD be retained when I refile?

2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?

Thanks for your time.

[syedajmal]

A little Background

My Situation -
My Labor (PERM) and I-140 (EB2) was filed and approved thru Company A ( Priority Date May/15/2006). I was laid off from "Company A" with my last day being Fri 3/23/2007 before I could file my 485 thru them. I started working for "Company B" beginning Mon 3/26/2007 for which I have an approved H1.

Spouse Situation -
My wife also has her Labor(EB3) and I-140 approved and 485 pending with a priority date Nov/2002. Her 485 receipt date is July/09/2007.

While I was leaving "Company A" I did let them know about my Green Card processing and they did promise to help me out if there was anything required in the future.

With the latest movement in dates, I would like to move ahead with the filing of my 485. I do have a couple of questions regarding what will be needed w.r.t my current situation.

I would like to know you expert opinion/advice on what can be done in this situation so that I can move ahead with my 485.

Thanks in advance for your time.

[shirish]

Hi,

I applied for I-485 for myself , my wife ans son, on July 27th 07 (Thi sis the receipr date), My lawyer did not send the medical reports with the application. Currently the reports are with him. Medical exam was done on July 18 07. My PD will be current in Aug 08(as per the bulletin). I am sure i will get an RFE for the medical reports, and most probably it wil come in AUG 08 or later.
My question is, do i need to go for medical exam again , or can my lawer send the reports that he has with him to USCIS in reply to the RFE? I am confused since, by the time i get the RFE, the reports would be more than 1 year old.

-Shirish

[Saralayar]

My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Thanks in Advance and your answer will be helpful for our quick decision for this year courses.

[shiankuraaf]

My dependents are out of US for almost 5 months for now and they have AP approved before they left US and they are planning to come to US in couple of weeks from now on AP. Our PD is going to be current in Aug08. Is this OK to be out of US for this much time when AOS is pending? Staying out of US for this long would effect their AOS processing in any way?

[desim]

Thank you for your service and to IV for helping us.

I have a question regarding my wife's status. Here is our current status:

She got thru H1B lottery this year and is waiting for approval. Both our I94 are valid until Aug 11 this year. I have a valid visa until 09 today. She does have a gap between Aug 11 and Oct 1, 08.

Her employer says he filed her application as COS. I believe it will be CP as there is a gap in her status. We want to travel to India after receiving her H1B approval. We will be getting our H1B/H4 visa stamping and return before Oct 1.

My questions are

1. after our return what needs to be done for my wife to work from Oct 1. Do I need to file a COS or Amendment to change her status from H4 to H1b from Oct 1?
2. If so which form will it be I-129? Is there premium processing available for this?

Thanks!

[advad]

Hi there,

Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

Thanks for your help.