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From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).

I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.

When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.

Thanks vegasbaby. The info is quite usefull

Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.

I'll truly appreciate
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.

congrats grupak. enjoy the freedom

Thanks for your contributions to IV.

bump

any CT members coming along with you.. ?

I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2


2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.

But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.

Few Attornies saying yes few saying no.

I will post this on the So.Cal state chapter

Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
Hi RLNY122004

Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.

1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?

2. Did you speak on the phone?

3. When was your name check cleared?

4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?

5. Was your I-485 case trasnferred to Texas/Nebraska recently?

I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.

TIA

roseball,
Ok...ok...I am working as an attorney partime... for myself...kidding.

joydiptac,
"may not make the cut easily" - what do you mean?

Censoring yourself now dan?

"I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."

EB3 quota is like a spoon of rice from a bag of basmati :))

does he have the source of this rumour? does vdlrao knows anything about this?

it was in 2006 quota, got her h1 approval document in november, applied in november second week and by dec 2 week got her ssn.

She was on h4 for the past 3 years and converted to H1 in december officially( as she got her SSN)

I never heard this? Any references to confirm this?

http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

http://smithgarg.com/article-overcoming-violations.aspx

Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.

Yes you can. I do not see any reason why you can't complain to DOL. first thing they did not pay you for 6 months. Second they persuaded or forced you to fake resume so that you get placed and they can make more money. It is definitely valid to complain.

I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.

The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.

So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?

Visa stamping interview --> Feb 8th
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime

After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.

Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.

What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.

open a infopass, go to a local service center, they will schedule and u get it done, Dont loose this great chance.

I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.

Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
"snathan", can you tell me what are the options for me now in this situation?

I believe you should be able to go back to your employer A and work with him as you still have valid visa with him. But check with attorney.

That means let Immigrants suffer in hell. with this ignorant guy's letters, and inturn USCIS responds and issues a dump memo on that letter again, and the suffering becomes more and more day by day. Is the republicans have majority or Democrats I have doubts about that. This bipartisan is a key word to do nothing and enjoy all the benefits of being the ruling side. There is no seniority issue here. These senators are weeds who make immigrants life miserable.

Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news