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Hello All,

Need you guys expert advise on a problem that I have just found.

I was on L1 since 2007 and in 2008 got my H1B visa done. Since I was in the US during september and october 2008, I changed my company who held my H1B as of 1st October,2008. I dont have an H1B stamp on my passport as I have not been out of the US.

It was only yesterday that I realised I had a I-797B approval notice, which from what I read yesterday, means that I have a petition approved but without I-94.

Now my L1 I-94 on my passport is valid till November 2010.

Need your help to understand if I have an issue here for the fact that I have worked with my employer who holds my H1B for the past 9 months.

If so what are the challenges that I have and the solutions for them.

Also has anyone been in the same situation.

Would greatly appretiate your help in this.

My labor and 140 are approved under EB3 with priority date May 2003. Since Green Card is for future employment can I port my date to EB2 with another company and
a. Not tell my current employer and continue with my job
b. Not work for my future employer

My wife has a valid H4 stamp in her passport till Jun2011 while my daughter has valid H4 but no stamp in her passport. Both are visiting Canada this week end.
My wife wants to re-enter on H4 as she does not have AP & my daughter wants to
re-enter on AP as she does not have stamp in her passport.
Gurus could you see any issue since they are travelling together?
(They are flying not driving)

H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.

Please take advise from your company attorney.

you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.

hey i got 2nd one from the NSC. Is it happening with many people??

wat r the chances if handled carefully???

please share your advice nd experiences. thanks a lot

Before i present my RFE I will explaing My GC:
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details



Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page. You may also ordcr
immigration forms by phone at 1-800-870-3676.


Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:

Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;

Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);

Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska

Break ins will hit Comprehensive not collision.

increasing collision deductible will lower the payment.

There is a memo which says that you can get 1 year H1 till u get the license.

MurthyDotCom : H1B Petitions Should be Approved for 1 Year w/out State License (http://www.murthy.com/news/UDh1pets.html)

However I am not sure if RN positions quality for a h1-b. There was a 50,000 green cards nurses category a cpl of years back for nurses because nurses do not quality for h1. However they did not extend the category.

Nursing / Nurses: GREEN CARD APPLICATION PROCESS (http://knowaboutnursing.blogspot.com/2008/03/green-card-application-process.html)

Others pls update this thread with your knowledge and Experience

Same thing here.... Applied 1/25/11... Contacted USCIS and second level IO said everything is fine with the application and he was able to see the application in system and pending.... He said something is wrong with online system so it is not showing up online.... Hope he is right.....

Hi,
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.

Thanks,

The job experience from the same company can only be counted if the employer can prove the new job is atleast 50 % different from the current job. Please consult a lawyer before making the decision. The difference should be in job duties and not simply a move between two projects.

Does anybody have any experience using this camera in the studio? If so, what lighting equipment are you using. The manual only says to use Canon flashes or equivalent, which aren't going to cut it. I'm not that familiar with trigger voltage (250V) and don't want to fry the thing. Any responses would be greatly appreciated. What I'm looking for is a brand of lights that would work with E-TTL. Thanks

Form AR-11 asks for the date my stay in the United States will expire. What date should I use? Currently, I am on working on EAD (I-485 pending) and last entered US on AP.

Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:

if you were paroled in put the date you were paroled in to. see I-94

unless you have the new cut-off dates for April - they don't want to look at your thread (waste of their precious minute after waiting for many many years ofcourse)

eliminating dependents count for GC is wishful thinking and many pundits talked this issue over and over and yes, it will greatly help elimate backlog but just blogging wont get us anywhere.. people are so anxiously waiting for the April VB that any thread that doesn't give them the new dates are venting their frustations in giving reds.. may be they are the ones who are closer to their finish lines and waiting for the final push to get them greeeen

anyway, with yours in EB3-I mid 2004 and mine in EB2-I just started after 10 yrs in USA, this should help us stay little optimistic. I gave you a green for sharing some hope (however looooong shot it may be). Thanks

Folks,

Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins

My situation:
1. My six year limit on my H-1B expires Jan 2008
2. My Priority Date is Jan 06 under EB3 category
3. My I-140 was approved on Sep 06
4. Currently waiting on my Priority Date to become current so that I-485 can be applied.

What are my options as far as changing employers? Do I have any options?

I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.

I am pretty sure that once you have applied for H1 extension you can continue to stay even after the H1 expiry date till it gets approved without having to use or convert to EAD. Confirm this with others too.

Here is a memo from one of the law firms, I found on the net.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf

After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

thoughts/comments ??

I came across this one very interesting read on how the Visa cutoff dates are established...

http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
I had a similar question -- how does processing dates work ? for eg - texas processing dates shows -- the date to be june/2007.
say for EB3 the visa date is nov 2001 and if a person X with a pd of mar/2003 applies for his 485 on july 2007 ...will his case be processed ??
(In other words - will they even touch his file or will they wait for the visa dates to become current before touching the file ??)

first thing first update your profile.

Hi Experts,
On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.

They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.

Thanks,
--Bala

The Doctor's office will usually have it or else download it from the internet.
You can fill it at the doctors office. Bring ur Passport to his office.

Nice article.. I wish they read it and change their opinion.The problem with these guys is that they just dont understand a legitimate difference between various shades of immigrants in this country..
________
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I've received this letter from DOL by mail. I think this is in response to the fax that i sent through IV a while ago. I am posting the contents of the letter here.

U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210

Aug 28 2006

<My name here>
<My address here>

Dear Mr. <My name here> :

Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.

We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.

Sincerely,

<Signature here>

William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification