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Chat transcript for chat with Alice Yardum-Hunter, Esq. 8/28/07

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  • Chat transcript for chat with Alice Yardum-Hunter, Esq. 8/28/07

    ilwmoderator (Aug 28, 2007 3:36:48 PM)
    Welcome to ILW.COM chat. Please submit your questions; they will be answered in the order received.
    ilwmoderator (Aug 28, 2007 3:40:34 PM)
    Welcome to ILW.COM chat. Please submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 3:45:59 PM)
    Welcome to ILW.COM chat. Please submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 3:46:12 PM)
    Chat will begin at 5PM ET

    ilwmoderator (Aug 28, 2007 3:50:31 PM)
    Welcome to ILW.COM chat. Please submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 3:50:37 PM)
    TOday's chat attorney is Alice Yardum-Hunter, Esq. To find out more about her practice visit http://www.yardum-hunter.com/Main/

    ilwmoderator (Aug 28, 2007 3:55:20 PM)
    Welcome Ms Alice Yardum-Hunter, Esq.

    ilwmoderator (Aug 28, 2007 3:55:31 PM)
    Shall we begin the chat?

    ilwmoderator (Aug 28, 2007 3:56:15 PM)
    TOday's chat attorney is Alice Yardum-Hunter, Esq. To find out more about her practice visit http://www.yardum-hunter.com/Main/

    ilwmoderator (Aug 28, 2007 3:56:38 PM)
    Welcome to ILW.COM chat. Please submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 3:57:37 PM)
    Ms. Alice Yardum-Hunter, Esq. are you ready for the first question?

    ilwspeaker (Aug 28, 2007 3:57:46 PM)
    Yes, I am. Let's begin!

    Guest (Aug 28, 2007 3:57:51 PM)
    Which date should be used to calculate 180 days required to invoke AC21 portability rule for EB AOS application when changing jobs? AOS receipt notice, I797, has two dates, "Notice date" and "Received date". Because of the latest July fiasco, these two dates could be more than a month apart. Yates Memo (dt. Aug 04, 2003) mentions to use "Receipt date" to count 180 days from, however, the I-797 Receipt notice does NOT have a date marked "Receipt Date". What's your interpretation of the law? Is there an official guideline/memo addressing this confusion? Thanks for your response.

    tray (Aug 28, 2007 3:57:54 PM)
    Am F-1 out of status 7yrs my I-94 is stamped D/S, no criminal record got selected for DV2008 my predicament one lawyer says I could go to my home and adjust my status and the other says I should not have even applied since am AOS What are my options

    ilwmoderator (Aug 28, 2007 3:59:33 PM)
    Please continue to submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 4:04:01 PM)
    Please continue to submit your questions; they will be answered in the order received.

    ilwspeaker (Aug 28, 2007 4:06:06 PM)
    This is tricky because you're ineligible to adjust since you're out of status. When you depart, you don't trigger unlawful presence because a D/S student only triggers it upon denial. You haven't been denied anything yet, so you're not statutorily barred entry, but a consular officer won't be giving you a nonimmigrant visa because of your long term violation. If by some means you had an employer to petition for you, eventually, you might become a permanent resident. Your only other option is adjusting as the spouse of a U.S. citizen or parent of a citizen at least 21 years old. Sorry this took some time...it's a bit complicated.

    Steven (Aug 28, 2007 4:06:19 PM)
    I can only find one center processing I-129F K-1 Visas. That office says they are currently processing applications received in February. Is this accurate? There is only one center processing these applications and they are 6 months behind? If this is accurate, what can I do to accelerate the process?

    Steven (Aug 28, 2007 4:06:33 PM)
    It appears on the website that only California is processing K1 Visas I-129F. Is this correct? And is the status listed correct? They appear to be processing applications from February. Is there anything that I can do to speed up the process or will I have to wait 4-6 additional months for my fiancees application to get processed.

    ilwspeaker (Aug 28, 2007 4:07:12 PM)
    The K-1 is only done in one office these days as far as I know as well. They are backlogged six months. YOu can

    ilwspeaker (Aug 28, 2007 4:07:17 PM)
    oops... type

    ilwspeaker (Aug 28, 2007 4:07:23 PM)
    You can't change that.

    Pesho (Aug 28, 2007 4:07:34 PM)
    So my name is Petar Kisyov. I contacted you before couple of days. Today I understood that you called for me but I was at work, If we can not fix the problem this way I`ll call you tomorrow. So my visa was taken away ot 08/24 because I left the placed that I worked. I`m ot student visitors exchange program. So now I`m out of status, and I was wondering how many days can I stay here. Actually it`s little problem to rearange my tickets, so I wanna to stay till my ticket date - 10/10. Is it posible. How can I do that. Can I contact someone to tell him , probably from the government so I wont have problems getting a new VISA next year.

    Pesho (Aug 28, 2007 4:08:18 PM)
    Hello, I`m Petar Kisyov. I understood that you called for me but I was at work. If we cannot fix the problem this way I`ll call you tomorrow. So, I`m J-1 VISA holder on a student exchange program. I worked in Glacier Park, but I ddin`t like the conditions there and I left. On 08/24 I received a message that my visa is terminated and I`m out of status. Is this really truth that "Spirit " - my program sponsor can do that, because I didn`t receive any confurmation. My tickets for back home are on 10/10 and it will be very difficult to change tbem. So all I want is to stay here till that date. Is this possile and what will be the consequences if I stay till this date ? Actually how many days do you have to leave , when you are out of status?

    ilwspeaker (Aug 28, 2007 4:09:13 PM)
    If you're out of status, you can't stay. You have to get yourself reinstated (even if that's possible for J-1s, of which I'm not certain), before you can stay longer. J-1s can stay for 30 days upon completion of their program, but not those who violate status. One is out of status immediately upon violating status.

    Sameeer (Aug 28, 2007 4:09:24 PM)
    Question: I filed my I-485 (Employment Based EB2) recently but did not file my I-765. Does that mean that after 3 months I will need to leave the country if I lose my job. I am currently working on an H-1B. Can I file for my EAD at any time after I receive my I485 Receipt Notice?

    ilwmoderator (Aug 28, 2007 4:11:10 PM)
    Please continue to submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 4:12:32 PM)
    Currently there are questions from gc_enquiry, rv, martha3346, molly44, sfh, callie, Krishna & conor in the line.

    ilwspeaker (Aug 28, 2007 4:12:57 PM)
    You can file for the EAD anytime after getting the I-485 receipt. I don't know where you get having to leave after three months if you lose your job. The H-1 is good to keep you employed at the H-1 petitioner's place of employ. If the same employer did the labor certification, then you would use either the EAD or the H-1 for that employ. If you lose your job, you could lose your H-1 as well as your I-485. You can switch to a new employer and adjust if the I-485 is pending at least 180 days and the job is in the same job code and the original I-140 is approved or eventually is approved. You might need more information than you realized. I invite you to call me.

    gc_enquiry (Aug 28, 2007 4:13:07 PM)
    Which date should be used to calculate 180 days required to invoke AC21 portability rule for EB AOS application when changing jobs? AOS receipt notice, I797, has two dates, "Notice date" and "Received date". Because of the latest July fiasco, these two dates could be more than a month apart. Yates Memo (dt. Aug 04, 2003) mentions to use "Receipt date" to count 180 days from, however, the I-797 Receipt notice does NOT have a date marked "Receipt Date". What's your interpretation of the law? Is there an official guideline/memo addressing this confusion? Thanks for your response.

    ilwmoderator (Aug 28, 2007 4:14:09 PM)
    Today's chat attorney is Alice Yardum-Hunter, Esq. To find out more about her practice visit http://www.yardum-hunter.com/Main/

    ilwspeaker (Aug 28, 2007 4:17:38 PM)
    No, there's nothing official on this. The received date counts. I have an H-1 extension that the received date isn't even accurate, but is four days later than the actual FedEx receipt date. I would use the date of acctual receipt, such as with FedEx confirmation. If you want to be safe, use the I-797 "Received Date." In the past when receipt was an issue nationwide at another transitionary period, the government accepted the date of courier delivery and I imagine they'll eventually say the same thing here. If you haven't ever invoked 245k, then even if the date is off by a month or two (up to 180 days), you could have status violation on adjustment since the last entry and still be eligible to adjust, meaning that if you start your new job prematurely, you'll be OK unless you use up the 180 days permitted under 245k. This might be more information than you bargained for and if I've confused you, call me.

    rv (Aug 28, 2007 4:17:45 PM)
    My EB2 I-485 is pending for over a year, pending for Name Check dealy at the FBI. My last AP is expired now. I also have valid H1B status. I have H1B visa stamped in the passport which is valid until Jan 2008. What would happen if come back to the US and enter the port of entry using H1B, but my I-485 was already approved while I was out of the US? Second question, how soon would you recommend an EB2, I-485 applicant file the WOM (..Mandamous) against the uscis/fbi - one year after the 485 RD, 2 years after the RD? Thanks for your time.

    ilwspeaker (Aug 28, 2007 4:20:26 PM)
    To answer your first question: I'd quickly apply for AP and enter on that if the GC is approved in the interim. I know they accept that at Ports of Entry, but can't say the same for the H-1 as I've not had that experience. As to your second question, I would need more information about you and your case to tell you how long is long enough for mandamus. The last thing you want to do is blow a big wad of money on premature litigation. Sometimes, time is on your side. I'll be happy to discuss this with you.

    Guest (Aug 28, 2007 4:20:34 PM)
    Just got the notice I 130 petition for my son is approved, should I file I 824 now? would it be better if I get a lawyer now?

    Molly44 (Aug 28, 2007 4:20:37 PM)
    Hello, I have overstayed my tourist visa for nearly 3 years, I entered the US was inspected at POE and have an I-94, I recently sent off my AOS Package, do you think I may have any problems, I married a USC about 2 months after entering, it was done on a spare of the moment.

    ilwspeaker (Aug 28, 2007 4:22:03 PM)
    You should be fine. You should have a lawyer present to avoid badgering questions as to why you married sort of quickly after arriving as a visitor. There shouldn't be any problems from what you've said, but sometimes officers are out of line with unrepresented people and this would be a scenario where you could find yourself on the receiving end of difficult questions.

    sfh (Aug 28, 2007 4:22:14 PM)
    I have been waiting for my EAD for the last 120 days. I had an info pass inquiry last month ,I was told that my application is hold for FBI clearence. I have info pass inquiry this coming week for my interim EAD in Detroit office in MI, should I able to get my inetrim while AP and I765 are on hold. Can USCIS stop some one for not to work because of back ground check. I applied for I485. Please advice , what should I do. I had my finger prints done in the month of May 2007. Thanks

    ilwspeaker (Aug 28, 2007 4:23:35 PM)
    If there is an interim EAD procedure in Michigan, then you shoudl get the EAD issued. It would not be held up because of security check, but only if there is no interim procedure in general.

    ilwmoderator (Aug 28, 2007 4:23:39 PM)
    Please continue to submit your questions; they will be answered in the order received. You can submit follow-up questions as well. New questions have priority over follow-up questions.

    Guest (Aug 28, 2007 4:23:47 PM)
    Good evening. I am trying to figure out how I can get my 33 year old brother from Ukraine to come to live in the U.S. with me. Any advice would be appreciated.

    Callie (Aug 28, 2007 4:23:53 PM)
    Hello, my questions is this: I came to the U.S. on July 13 2002, I am soon to be 18, and a U.S. resident. I immigrated from Ukraine where my brother and grandmother still live. Now I am trying to figure out the easiest way for my 33 year old brother to come live with me in the U.S.. He is not married does not have any kids and no family expect for his grandmother. He is not with me because of a big mistake, but today I am trying and will do anything for us to be together once again. Any advice or help will be trully appreciated!!!!THANKS!!

    ilwmoderator (Aug 28, 2007 4:24:49 PM)
    Today's chat attorney is Alice Yardum-Hunter, Esq. To find out more about her practice visit http://www.yardum-hunter.com/Main/

    ilwspeaker (Aug 28, 2007 4:31:22 PM)
    When you become a citizen (after 3 or 5 years as a permanent resident), you can file for your brother. You don't have to be a certain age to apply for him once you become a citizen. Apart from that, only if your parents were permanent residents could they help him and your grandmother out.

    Krishna (Aug 28, 2007 4:31:31 PM)
    Hi, I have a question about H1B visa. I am working with company A, i have initiated a H1B Transfer for company B[Got the receipt]. yesterday was my last day in company A. Now i have an offer from company C, can i initiate a transfer for company c? If not, what is the best way of joining Company C. Thanks,

    ilwmoderator (Aug 28, 2007 4:32:56 PM)
    Please continue to submit your questions; they will be answered in the order received.

    ilwspeaker (Aug 28, 2007 4:33:08 PM)
    Your situation is known as a "bridge" application, though unintended. I would have to research this thoroughly before I'd be willing to commit to an answer. If you're interested in working with me, I could provide you answers with citations as they exist in law and more informal policy.

    Guest (Aug 28, 2007 4:33:28 PM)
    im in college station presently with my american girlfriend. im from ireland and on a 3 month waiver program.i have a job here but need a work visa. i tried completing a I-765 form but nothing applied. have i other options

    conor (Aug 28, 2007 4:33:34 PM)
    im currently in coll station with my american girlfriend on a 3 month waiver programme. have tried filling the I-765 form for a work visa but nothing applies. would like to know all my options as to how to get a work visa

    ilwspeaker (Aug 28, 2007 4:36:59 PM)
    You are ineligible for a work visa or work permit, which are two vastly different things, without departing the U.S. with the exception of getting a permit to work pending adjustment of status based on marriage to a U.S. citizen. As to a work visa, there are two general types: immigrant (green card, like what you get when you marry a U.S. citizen) and nonimmigrant, or temporary. Each is quite complex and really too much to explain in a chat. You can get an introduction on my website and telephone me in the event that you have a job offer. It can take anywhere from a couple of weeks to many years to secure working status in the U.S. based on a job offer.

    ilwmoderator (Aug 28, 2007 4:37:26 PM)
    Here are a few follow-up questions. This one from Pesho.

    Pesho (Aug 28, 2007 4:37:29 PM)
    So, there is nothing I can do to stay till 10/10. And will be consequences if I leave ot 10/10. Will it be posible to get a new VISA next year ?

    Pesho (Aug 28, 2007 4:37:32 PM)
    Actually my visa is till October 1st. But they said "Spirit" - the program sponsor that is terminated. DO they have such kind of power ?

    ilwmoderator (Aug 28, 2007 4:39:48 PM)
    New questions will have priority. Please continue to submit your questions.

    ilwspeaker (Aug 28, 2007 4:41:29 PM)
    Pesho, You might be able to do something if there was a problem with the program sponsor as this was not your doing. I'm available for consultation if you want to hire me. If you do nothing and then leave, the longer you are illegal since finding out about Spirit, the more difficult it will be to get another visa later on. I don't think yours is a black and white situation but requires more attention.

    maria (Aug 28, 2007 4:41:55 PM)
    i marry my boy friend while he was detained,,,he wasn't deported or removal,,he was released and then he went back to hes home country,,i filed the i-130 for him,,and 3 weeks ago the calif service center transferm hes file to the local office in LA for standard interview ?is this is normal?he have no criminal hstory ?and we filed in dec 06,and now they r processing feb 07? how long does it take to get the interview?r we still belong to the calif processing time or the local office processing time,,,bcoz the local office r not processing i-130?is this is the fraud intervie or what?

    ilwmoderator (Aug 28, 2007 4:46:04 PM)
    Today's chat attorney is Alice Yardum-Hunter, Esq. To find out more about her practice visit http://www.yardum-hunter.com/Main/

    ilwspeaker (Aug 28, 2007 4:48:04 PM)
    If he's not here, obviously he can't attend the interview. The I-130 may be in jeopardy, particularly if he indicated he would adjust status. In that case, you'd have to file to transfer the file abroad. You'd also have a relatively high burden to meet to overcome the fraud issue. If you're married, why would he leave? That will be the question that they will require an answer to. Of course, before qualifying for the green card, he'd have to deal with possible unalwful presence and approval of a waiver.

    PVR (Aug 28, 2007 4:48:37 PM)
    I have a short question. A family member of mine has been in jail for using narcotics on herself, been in jail for 10 mothns in 2004. My question is could she still immigrate to the U.S. when she has family members here ? or would she have problems?

    ilwspeaker (Aug 28, 2007 4:49:09 PM)
    I'd need more information to give you an answer.

    Stacy (Aug 28, 2007 4:49:19 PM)
    My husband has been in the u.s since 1993 is there anything we can do with a lawyer to make it so he does not need to go to Mexico for a year? Also is there a link on this website for things he needs to take with him for his apt in Mexico??

    ilwspeaker (Aug 28, 2007 4:50:34 PM)
    If you're a U.S. citizen and unlawful presence is his only issue, depending on the equities, it's now possible to get waivers for this approved in just a couple of days. I don't understand your second question. Call me as this kind of case begs for a good lawyer.

    martha3346 (Aug 28, 2007 4:51:03 PM)
    how long does it takes to get a visa numer I 130 june 10 2002

    ilwspeaker (Aug 28, 2007 4:51:48 PM)
    martha, If you tell me the classification, I can respond to the question quickly.

    conor (Aug 28, 2007 4:52:02 PM)
    How does the fiance visa work? I read that you must be married within 90 days. Does that secure a work visa then or simply residency?

    ilwspeaker (Aug 28, 2007 4:53:00 PM)
    It's a cross over nonimmigrant/immigrant visa that has employment authorization attached to it. Upon marriage, it is necessary to apply for permanent residence, which is almost the same information as the K-1 visa.

    Stacy (Aug 28, 2007 4:53:13 PM)
    How do I contact you??

    ilwspeaker (Aug 28, 2007 4:53:33 PM)
    Call or email me: 818 609 1953 or alice@yardum-hunter.com

    ilwmoderator (Aug 28, 2007 4:53:38 PM)
    We are running out of time. Any final comments Ms. Yardum-Hunter?

    ilwspeaker (Aug 28, 2007 4:53:54 PM)
    Sure, allow me to write...

    ilwspeaker (Aug 28, 2007 4:58:05 PM)
    Today the State Dept. issued their September Bulletin and the news is better than it could have been. Most employment based categories which became unavailable on 8/17 (or 8/1 for cases that didn't yet have a priority date established before 8/1) are only backlogged to January 1, 2007. This is good news particularly as visa availability is at its highest on October 1, so expect even better availability then. There is bad news for all unskilled workers (those that require less than two years to perform) as well as skilled and bachelor degree professionals from China, Mexico, India. Skilled workers and bachelor degree professionals from everywhere else are backlogged to August 1, 2002.

    ilwmoderator (Aug 28, 2007 4:59:08 PM)
    Thanks everyone for participating in ILW.COM chat.

    ilwspeaker (Aug 28, 2007 4:59:20 PM)
    Note: As to skilled and bachelor degreed professionals from Mexico, China and India, they're also unavailable, like unskilled workers the world over.

    ilwspeaker (Aug 28, 2007 4:59:39 PM)
    Thanks for having me here with you again today. I continue to look forward to chatting more in the future.

    ilwmoderator (Aug 28, 2007 4:59:55 PM)
    Thanks and Goodbye
    http://www.ilw.com

  • #2
    ilwmoderator (Aug 28, 2007 3:36:48 PM)
    Welcome to ILW.COM chat. Please submit your questions; they will be answered in the order received.
    ilwmoderator (Aug 28, 2007 3:40:34 PM)
    Welcome to ILW.COM chat. Please submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 3:45:59 PM)
    Welcome to ILW.COM chat. Please submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 3:46:12 PM)
    Chat will begin at 5PM ET

    ilwmoderator (Aug 28, 2007 3:50:31 PM)
    Welcome to ILW.COM chat. Please submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 3:50:37 PM)
    TOday's chat attorney is Alice Yardum-Hunter, Esq. To find out more about her practice visit http://www.yardum-hunter.com/Main/

    ilwmoderator (Aug 28, 2007 3:55:20 PM)
    Welcome Ms Alice Yardum-Hunter, Esq.

    ilwmoderator (Aug 28, 2007 3:55:31 PM)
    Shall we begin the chat?

    ilwmoderator (Aug 28, 2007 3:56:15 PM)
    TOday's chat attorney is Alice Yardum-Hunter, Esq. To find out more about her practice visit http://www.yardum-hunter.com/Main/

    ilwmoderator (Aug 28, 2007 3:56:38 PM)
    Welcome to ILW.COM chat. Please submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 3:57:37 PM)
    Ms. Alice Yardum-Hunter, Esq. are you ready for the first question?

    ilwspeaker (Aug 28, 2007 3:57:46 PM)
    Yes, I am. Let's begin!

    Guest (Aug 28, 2007 3:57:51 PM)
    Which date should be used to calculate 180 days required to invoke AC21 portability rule for EB AOS application when changing jobs? AOS receipt notice, I797, has two dates, "Notice date" and "Received date". Because of the latest July fiasco, these two dates could be more than a month apart. Yates Memo (dt. Aug 04, 2003) mentions to use "Receipt date" to count 180 days from, however, the I-797 Receipt notice does NOT have a date marked "Receipt Date". What's your interpretation of the law? Is there an official guideline/memo addressing this confusion? Thanks for your response.

    tray (Aug 28, 2007 3:57:54 PM)
    Am F-1 out of status 7yrs my I-94 is stamped D/S, no criminal record got selected for DV2008 my predicament one lawyer says I could go to my home and adjust my status and the other says I should not have even applied since am AOS What are my options

    ilwmoderator (Aug 28, 2007 3:59:33 PM)
    Please continue to submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 4:04:01 PM)
    Please continue to submit your questions; they will be answered in the order received.

    ilwspeaker (Aug 28, 2007 4:06:06 PM)
    This is tricky because you're ineligible to adjust since you're out of status. When you depart, you don't trigger unlawful presence because a D/S student only triggers it upon denial. You haven't been denied anything yet, so you're not statutorily barred entry, but a consular officer won't be giving you a nonimmigrant visa because of your long term violation. If by some means you had an employer to petition for you, eventually, you might become a permanent resident. Your only other option is adjusting as the spouse of a U.S. citizen or parent of a citizen at least 21 years old. Sorry this took some time...it's a bit complicated.

    Steven (Aug 28, 2007 4:06:19 PM)
    I can only find one center processing I-129F K-1 Visas. That office says they are currently processing applications received in February. Is this accurate? There is only one center processing these applications and they are 6 months behind? If this is accurate, what can I do to accelerate the process?

    Steven (Aug 28, 2007 4:06:33 PM)
    It appears on the website that only California is processing K1 Visas I-129F. Is this correct? And is the status listed correct? They appear to be processing applications from February. Is there anything that I can do to speed up the process or will I have to wait 4-6 additional months for my fiancees application to get processed.

    ilwspeaker (Aug 28, 2007 4:07:12 PM)
    The K-1 is only done in one office these days as far as I know as well. They are backlogged six months. YOu can

    ilwspeaker (Aug 28, 2007 4:07:17 PM)
    oops... type

    ilwspeaker (Aug 28, 2007 4:07:23 PM)
    You can't change that.

    Pesho (Aug 28, 2007 4:07:34 PM)
    So my name is Petar Kisyov. I contacted you before couple of days. Today I understood that you called for me but I was at work, If we can not fix the problem this way I`ll call you tomorrow. So my visa was taken away ot 08/24 because I left the placed that I worked. I`m ot student visitors exchange program. So now I`m out of status, and I was wondering how many days can I stay here. Actually it`s little problem to rearange my tickets, so I wanna to stay till my ticket date - 10/10. Is it posible. How can I do that. Can I contact someone to tell him , probably from the government so I wont have problems getting a new VISA next year.

    Pesho (Aug 28, 2007 4:08:18 PM)
    Hello, I`m Petar Kisyov. I understood that you called for me but I was at work. If we cannot fix the problem this way I`ll call you tomorrow. So, I`m J-1 VISA holder on a student exchange program. I worked in Glacier Park, but I ddin`t like the conditions there and I left. On 08/24 I received a message that my visa is terminated and I`m out of status. Is this really truth that "Spirit " - my program sponsor can do that, because I didn`t receive any confurmation. My tickets for back home are on 10/10 and it will be very difficult to change tbem. So all I want is to stay here till that date. Is this possile and what will be the consequences if I stay till this date ? Actually how many days do you have to leave , when you are out of status?

    ilwspeaker (Aug 28, 2007 4:09:13 PM)
    If you're out of status, you can't stay. You have to get yourself reinstated (even if that's possible for J-1s, of which I'm not certain), before you can stay longer. J-1s can stay for 30 days upon completion of their program, but not those who violate status. One is out of status immediately upon violating status.

    Sameeer (Aug 28, 2007 4:09:24 PM)
    Question: I filed my I-485 (Employment Based EB2) recently but did not file my I-765. Does that mean that after 3 months I will need to leave the country if I lose my job. I am currently working on an H-1B. Can I file for my EAD at any time after I receive my I485 Receipt Notice?

    ilwmoderator (Aug 28, 2007 4:11:10 PM)
    Please continue to submit your questions; they will be answered in the order received.

    ilwmoderator (Aug 28, 2007 4:12:32 PM)
    Currently there are questions from gc_enquiry, rv, martha3346, molly44, sfh, callie, Krishna & conor in the line.

    ilwspeaker (Aug 28, 2007 4:12:57 PM)
    You can file for the EAD anytime after getting the I-485 receipt. I don't know where you get having to leave after three months if you lose your job. The H-1 is good to keep you employed at the H-1 petitioner's place of employ. If the same employer did the labor certification, then you would use either the EAD or the H-1 for that employ. If you lose your job, you could lose your H-1 as well as your I-485. You can switch to a new employer and adjust if the I-485 is pending at least 180 days and the job is in the same job code and the original I-140 is approved or eventually is approved. You might need more information than you realized. I invite you to call me.

    gc_enquiry (Aug 28, 2007 4:13:07 PM)
    Which date should be used to calculate 180 days required to invoke AC21 portability rule for EB AOS application when changing jobs? AOS receipt notice, I797, has two dates, "Notice date" and "Received date". Because of the latest July fiasco, these two dates could be more than a month apart. Yates Memo (dt. Aug 04, 2003) mentions to use "Receipt date" to count 180 days from, however, the I-797 Receipt notice does NOT have a date marked "Receipt Date". What's your interpretation of the law? Is there an official guideline/memo addressing this confusion? Thanks for your response.

    ilwmoderator (Aug 28, 2007 4:14:09 PM)
    Today's chat attorney is Alice Yardum-Hunter, Esq. To find out more about her practice visit http://www.yardum-hunter.com/Main/

    ilwspeaker (Aug 28, 2007 4:17:38 PM)
    No, there's nothing official on this. The received date counts. I have an H-1 extension that the received date isn't even accurate, but is four days later than the actual FedEx receipt date. I would use the date of acctual receipt, such as with FedEx confirmation. If you want to be safe, use the I-797 "Received Date." In the past when receipt was an issue nationwide at another transitionary period, the government accepted the date of courier delivery and I imagine they'll eventually say the same thing here. If you haven't ever invoked 245k, then even if the date is off by a month or two (up to 180 days), you could have status violation on adjustment since the last entry and still be eligible to adjust, meaning that if you start your new job prematurely, you'll be OK unless you use up the 180 days permitted under 245k. This might be more information than you bargained for and if I've confused you, call me.

    rv (Aug 28, 2007 4:17:45 PM)
    My EB2 I-485 is pending for over a year, pending for Name Check dealy at the FBI. My last AP is expired now. I also have valid H1B status. I have H1B visa stamped in the passport which is valid until Jan 2008. What would happen if come back to the US and enter the port of entry using H1B, but my I-485 was already approved while I was out of the US? Second question, how soon would you recommend an EB2, I-485 applicant file the WOM (..Mandamous) against the uscis/fbi - one year after the 485 RD, 2 years after the RD? Thanks for your time.

    ilwspeaker (Aug 28, 2007 4:20:26 PM)
    To answer your first question: I'd quickly apply for AP and enter on that if the GC is approved in the interim. I know they accept that at Ports of Entry, but can't say the same for the H-1 as I've not had that experience. As to your second question, I would need more information about you and your case to tell you how long is long enough for mandamus. The last thing you want to do is blow a big wad of money on premature litigation. Sometimes, time is on your side. I'll be happy to discuss this with you.

    Guest (Aug 28, 2007 4:20:34 PM)
    Just got the notice I 130 petition for my son is approved, should I file I 824 now? would it be better if I get a lawyer now?

    Molly44 (Aug 28, 2007 4:20:37 PM)
    Hello, I have overstayed my tourist visa for nearly 3 years, I entered the US was inspected at POE and have an I-94, I recently sent off my AOS Package, do you think I may have any problems, I married a USC about 2 months after entering, it was done on a spare of the moment.

    ilwspeaker (Aug 28, 2007 4:22:03 PM)
    You should be fine. You should have a lawyer present to avoid badgering questions as to why you married sort of quickly after arriving as a visitor. There shouldn't be any problems from what you've said, but sometimes officers are out of line with unrepresented people and this would be a scenario where you could find yourself on the receiving end of difficult questions.

    sfh (Aug 28, 2007 4:22:14 PM)
    I have been waiting for my EAD for the last 120 days. I had an info pass inquiry last month ,I was told that my application is hold for FBI clearence. I have info pass inquiry this coming week for my interim EAD in Detroit office in MI, should I able to get my inetrim while AP and I765 are on hold. Can USCIS stop some one for not to work because of back ground check. I applied for I485. Please advice , what should I do. I had my finger prints done in the month of May 2007. Thanks

    ilwspeaker (Aug 28, 2007 4:23:35 PM)
    If there is an interim EAD procedure in Michigan, then you shoudl get the EAD issued. It would not be held up because of security check, but only if there is no interim procedure in general.

    ilwmoderator (Aug 28, 2007 4:23:39 PM)
    Please continue to submit your questions; they will be answered in the order received. You can submit follow-up questions as well. New questions have priority over follow-up questions.

    Guest (Aug 28, 2007 4:23:47 PM)
    Good evening. I am trying to figure out how I can get my 33 year old brother from Ukraine to come to live in the U.S. with me. Any advice would be appreciated.

    Callie (Aug 28, 2007 4:23:53 PM)
    Hello, my questions is this: I came to the U.S. on July 13 2002, I am soon to be 18, and a U.S. resident. I immigrated from Ukraine where my brother and grandmother still live. Now I am trying to figure out the easiest way for my 33 year old brother to come live with me in the U.S.. He is not married does not have any kids and no family expect for his grandmother. He is not with me because of a big mistake, but today I am trying and will do anything for us to be together once again. Any advice or help will be trully appreciated!!!!THANKS!!

    ilwmoderator (Aug 28, 2007 4:24:49 PM)
    Today's chat attorney is Alice Yardum-Hunter, Esq. To find out more about her practice visit http://www.yardum-hunter.com/Main/

    ilwspeaker (Aug 28, 2007 4:31:22 PM)
    When you become a citizen (after 3 or 5 years as a permanent resident), you can file for your brother. You don't have to be a certain age to apply for him once you become a citizen. Apart from that, only if your parents were permanent residents could they help him and your grandmother out.

    Krishna (Aug 28, 2007 4:31:31 PM)
    Hi, I have a question about H1B visa. I am working with company A, i have initiated a H1B Transfer for company B[Got the receipt]. yesterday was my last day in company A. Now i have an offer from company C, can i initiate a transfer for company c? If not, what is the best way of joining Company C. Thanks,

    ilwmoderator (Aug 28, 2007 4:32:56 PM)
    Please continue to submit your questions; they will be answered in the order received.

    ilwspeaker (Aug 28, 2007 4:33:08 PM)
    Your situation is known as a "bridge" application, though unintended. I would have to research this thoroughly before I'd be willing to commit to an answer. If you're interested in working with me, I could provide you answers with citations as they exist in law and more informal policy.

    Guest (Aug 28, 2007 4:33:28 PM)
    im in college station presently with my american girlfriend. im from ireland and on a 3 month waiver program.i have a job here but need a work visa. i tried completing a I-765 form but nothing applied. have i other options

    conor (Aug 28, 2007 4:33:34 PM)
    im currently in coll station with my american girlfriend on a 3 month waiver programme. have tried filling the I-765 form for a work visa but nothing applies. would like to know all my options as to how to get a work visa

    ilwspeaker (Aug 28, 2007 4:36:59 PM)
    You are ineligible for a work visa or work permit, which are two vastly different things, without departing the U.S. with the exception of getting a permit to work pending adjustment of status based on marriage to a U.S. citizen. As to a work visa, there are two general types: immigrant (green card, like what you get when you marry a U.S. citizen) and nonimmigrant, or temporary. Each is quite complex and really too much to explain in a chat. You can get an introduction on my website and telephone me in the event that you have a job offer. It can take anywhere from a couple of weeks to many years to secure working status in the U.S. based on a job offer.

    ilwmoderator (Aug 28, 2007 4:37:26 PM)
    Here are a few follow-up questions. This one from Pesho.

    Pesho (Aug 28, 2007 4:37:29 PM)
    So, there is nothing I can do to stay till 10/10. And will be consequences if I leave ot 10/10. Will it be posible to get a new VISA next year ?

    Pesho (Aug 28, 2007 4:37:32 PM)
    Actually my visa is till October 1st. But they said "Spirit" - the program sponsor that is terminated. DO they have such kind of power ?

    ilwmoderator (Aug 28, 2007 4:39:48 PM)
    New questions will have priority. Please continue to submit your questions.

    ilwspeaker (Aug 28, 2007 4:41:29 PM)
    Pesho, You might be able to do something if there was a problem with the program sponsor as this was not your doing. I'm available for consultation if you want to hire me. If you do nothing and then leave, the longer you are illegal since finding out about Spirit, the more difficult it will be to get another visa later on. I don't think yours is a black and white situation but requires more attention.

    maria (Aug 28, 2007 4:41:55 PM)
    i marry my boy friend while he was detained,,,he wasn't deported or removal,,he was released and then he went back to hes home country,,i filed the i-130 for him,,and 3 weeks ago the calif service center transferm hes file to the local office in LA for standard interview ?is this is normal?he have no criminal hstory ?and we filed in dec 06,and now they r processing feb 07? how long does it take to get the interview?r we still belong to the calif processing time or the local office processing time,,,bcoz the local office r not processing i-130?is this is the fraud intervie or what?

    ilwmoderator (Aug 28, 2007 4:46:04 PM)
    Today's chat attorney is Alice Yardum-Hunter, Esq. To find out more about her practice visit http://www.yardum-hunter.com/Main/

    ilwspeaker (Aug 28, 2007 4:48:04 PM)
    If he's not here, obviously he can't attend the interview. The I-130 may be in jeopardy, particularly if he indicated he would adjust status. In that case, you'd have to file to transfer the file abroad. You'd also have a relatively high burden to meet to overcome the fraud issue. If you're married, why would he leave? That will be the question that they will require an answer to. Of course, before qualifying for the green card, he'd have to deal with possible unalwful presence and approval of a waiver.

    PVR (Aug 28, 2007 4:48:37 PM)
    I have a short question. A family member of mine has been in jail for using narcotics on herself, been in jail for 10 mothns in 2004. My question is could she still immigrate to the U.S. when she has family members here ? or would she have problems?

    ilwspeaker (Aug 28, 2007 4:49:09 PM)
    I'd need more information to give you an answer.

    Stacy (Aug 28, 2007 4:49:19 PM)
    My husband has been in the u.s since 1993 is there anything we can do with a lawyer to make it so he does not need to go to Mexico for a year? Also is there a link on this website for things he needs to take with him for his apt in Mexico??

    ilwspeaker (Aug 28, 2007 4:50:34 PM)
    If you're a U.S. citizen and unlawful presence is his only issue, depending on the equities, it's now possible to get waivers for this approved in just a couple of days. I don't understand your second question. Call me as this kind of case begs for a good lawyer.

    martha3346 (Aug 28, 2007 4:51:03 PM)
    how long does it takes to get a visa numer I 130 june 10 2002

    ilwspeaker (Aug 28, 2007 4:51:48 PM)
    martha, If you tell me the classification, I can respond to the question quickly.

    conor (Aug 28, 2007 4:52:02 PM)
    How does the fiance visa work? I read that you must be married within 90 days. Does that secure a work visa then or simply residency?

    ilwspeaker (Aug 28, 2007 4:53:00 PM)
    It's a cross over nonimmigrant/immigrant visa that has employment authorization attached to it. Upon marriage, it is necessary to apply for permanent residence, which is almost the same information as the K-1 visa.

    Stacy (Aug 28, 2007 4:53:13 PM)
    How do I contact you??

    ilwspeaker (Aug 28, 2007 4:53:33 PM)
    Call or email me: 818 609 1953 or alice@yardum-hunter.com

    ilwmoderator (Aug 28, 2007 4:53:38 PM)
    We are running out of time. Any final comments Ms. Yardum-Hunter?

    ilwspeaker (Aug 28, 2007 4:53:54 PM)
    Sure, allow me to write...

    ilwspeaker (Aug 28, 2007 4:58:05 PM)
    Today the State Dept. issued their September Bulletin and the news is better than it could have been. Most employment based categories which became unavailable on 8/17 (or 8/1 for cases that didn't yet have a priority date established before 8/1) are only backlogged to January 1, 2007. This is good news particularly as visa availability is at its highest on October 1, so expect even better availability then. There is bad news for all unskilled workers (those that require less than two years to perform) as well as skilled and bachelor degree professionals from China, Mexico, India. Skilled workers and bachelor degree professionals from everywhere else are backlogged to August 1, 2002.

    ilwmoderator (Aug 28, 2007 4:59:08 PM)
    Thanks everyone for participating in ILW.COM chat.

    ilwspeaker (Aug 28, 2007 4:59:20 PM)
    Note: As to skilled and bachelor degreed professionals from Mexico, China and India, they're also unavailable, like unskilled workers the world over.

    ilwspeaker (Aug 28, 2007 4:59:39 PM)
    Thanks for having me here with you again today. I continue to look forward to chatting more in the future.

    ilwmoderator (Aug 28, 2007 4:59:55 PM)
    Thanks and Goodbye
    http://www.ilw.com

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