Turtle Tattoo Designs

I also got the similar letter from Indiana Senator.

I have to agree. WE need to send him thank you flowers. he worked on helping us.

How come you are being paid if you are unemployed?

Yes, their AOS is applied......

Hi,
I think that DOS, the visa office has the answer. This is insane. According to the 485 report released by USCIS some time ago, there were approximately 4000 ROW EB3 pending cases up with PD of up to 6/2002. As such, the dates should have been moved in December and moved a lot. Yet, they did not move it. I think I am going to write up a letter to Mr. Opperheim, or whatever his name is and ask why he did not move the dates at all.

Although this type of mistake on the I-94 would be an issue of you were solely maintaining H-1B status, because you are considered to be in the U.S. in an authorized period of stay as an Adjustment of Status (AOS) Applicant, the incorrect date on the I-94 should not present a problem for you. Technically your period of authorized stay as an AOS applicant can only end once your AOS application is adjudicated, so the dates listed on the I-94 cards for AOS Applicants are always somewhat arbitrary to begin with. Customarily AOS applicants are issued I-94 cards that are valid for a one-year period, however, if for instance, that year ends, and the I-94 �expires�, the AOS Applicant would still be maintaining valid status so long as the AOS application remains pending.



In any event, we are not sure if the CPB Deferred Inspection unit will correct this because of the situation above, and we do not feel that the correction is necessary. In addition to continuing to be in period of authorized status as an AOS Applicant, you also have a valid I-797 for H-1B status, and even though you re-entered the U.S. on Advance Parole, you are still eligible for employment pursuant to the H-1B petition.

Guys,

Your help/guidance is needed on this strange situation.

I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.

Apparantly, this employer is causing some issues in giving me all my supporting documents.

My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?

You experience, knowledge will be appreciated.

Thanks,
pan123

As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.

So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.

Transferring cases saying that it is to speed up processing which essentially delays processing maing us wonder if it is a time buying tactic to cover inefficiecy.

An application filed in August if not transferred to NSC would have had ND and RD as August, but now it has Oct. Rubbing salt on the wound NSC is processing 2006 and 2007 cases and not picking 2004 cases.

It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.

He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.

So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.



I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.

Thanks.

[.....Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this. ...]

My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
Is she safe even my visa (H1B) expired on 4th Sept.
If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
So....what happens to her status? Is she valid to stay until she gets F1 approval notice?

~Thanks in advance

You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room.

Hi,

My educational background is Bachelor of Engginerring in Computer science.

I came to United states in December 2006. when i came i was having six years of experience.

My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"

I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

What will happen now ?

What type of document i should provide to USCIS for this query?

Will my I - 140 get approved ?

Thanks & Regards,
Raj..

This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards

Sorry to hear your situation. Not yet got GC ,inspite of your PD is current ..... consult senators and congraswoman Lofgren.

BTW sorry to ask ,why your login id Refugee... You are not REFUGEE, you are highly skilled professional , paying heavy tax ....

I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002. What is the way it suppose to be?

My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.

someone please clarify the matter please.......thanks ahead

Well every website i've went to thats fully made in silverlight runs at a crawl in firefox, and plus it just seems like a flash copy minus the good parts, and tacking on some lame stuff that i don't like :)

My father used to drive when he visited. My insurance company put him on as a named driver for the duration of his stay. He was able to drive on his own driving license (that is fine for up to one year).

If he screwed up (fortunately he never did) the fines would have been just the same as mine and since I had taken separate insurance for him that was covered too.

You have to remember that visitors to the US are everywhere and are driving rental cars so this is not so unusual. If you wish to not have your father on your insurance then get him a rental car with every insurance known and then, apart from him getting hurt in an accident, you are covered.

someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant

This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.

Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.

That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.

Thank you so much Elaine for your quick response..

So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..

Yes. I was told the same by my lawyer.

I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.


If you want to keep EB3 PD, the best option in your case is withdraw your EB2 140 and ask your company to file EB3 140, once it is approved, make sure you get a copy of approved I140. Find another company who is willing to do EB2 GC,file Labour. Upon approval of that Labour file EB2 140 requesting recapturing of EB3 PD. To be on safe side do not join the new company until you get Eb2 140 approved and join later at your conveniance.

This one...I sharpened it. Hope you don't mind.

I was afraid to sharpen them too much. I thought that would too make much noise.
Which one you like best Steve?