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What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval?
Will that one will also be rejected or by attaching the receipt copy will be good enough?

Expired I-94 is ok, if
it is expired less than 180 days ago. 245(k) covers this.
or
change of status to H1/H4/L1/L2 is pending. In this case, attach copy of the receipt.

Not a legal advice.
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Permanent Resident since May 2002

I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.

Hi nfinity,
I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
1. mumbai consultate,
2. POE
3. If you have any additional tips.

Thanks
Saurav

Filed 485 in vermont service center

--------------------------------------------------------------------------------

I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.

anyone else in the same boat?

If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).

Employee must be paid ALL THE TIME on H1. Period.
That's the law.

Problem for you is, technically you will be out of status if you are not paid.


What if I only complain about recent unpaid period when I was in even in project. They dint pay any thing on March 15th and dont want to pay on March 31st. They only want to pay in April. Whats your suggestion?
Thx

People who do Consular Processing do complete their medical in designated hospitals in India. I know Jaslok and Lilavati in Mumbai are such approved hospitals and medicals from thsoe are accepted by US Consulate in India for Immigrant Visa (Consular Processing). However, will the same be accepted by CIS for AOS is the question. check with your attorney and do mention this information (that CP candidates can do medical overseas in designated hospitals).

What happens if the current company withdraws the labour after you have moved to the new company.

Is your h1b 8th year extn invalid..



No your new H1B is valid till it expires.

Every time you use your credit card they ask for photo ID.

I know! Thats why I posed this thread. Today I was buying a sandwich and when I passed my credit card the guy asked for a photo ID since I have "see ID" on the back of the card. I didnt have my passport with me so I couldn't present him anything but my student ID. He goes "thats not valid". So I told him the story and then I said "come on, if I had stolen this card do you think I would do: buy a sandwich for $7.68 or go to Tiffany's right now". He laughed and charged it :)

I got it for missing Medicals for both me and my wife.

I would trust anytime my lawyer than USCIS.

here is what they did.

Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#

Didn't update my online status. Still showing Pending and no LUD or soft LUD

I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.

Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.

Weird but true in my case

by god's grace and efforts of IV and other unnamed people WE have prevailed.
good luk everyone..
pk

Guys,

I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..


Description in Labor

Occupation Title in Labor - Comp. and Info. Systems Manager
Job Title - Information Technology Project Manager

Job Description in Labor:
Plan and direct information technology products and software application
development. Technical environment includes ERP/CRM: Oracle Applications, Web
Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
Visual Basic, CICS,Weblogic and Websphere.


New Job

New Job Title - Lead Application Integration Specialist

Job Description:

Plan and direct information technology products and software application
development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
Designer, Eclipse, Xml Spy

Employement history is on G-325. It is only for last 5 years. If it was before 5 years there is good chance that you need not answer that question. I-485 does not require your Tax returns. You can do that with your W2 forms.

What was length of the work?

Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US

I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.

Just signing and sending the last page in the 485 which doesnt have much Data .you can save a lot of time. You can verify online the data entry work done by the para-leagl and you are good to go and save couple of days ..i moved to a small firm ( from a over priced attorney ) and he was quite good. My forms are ready to pickup by Fedex in the evening from Attorney's office

Well you have a option to hire your own attorney and get things done the way you like.... But, In my case, like many other I have to get my paper work done by the immigration attorney's part of my company in-house legal department and they are pretty good at getting things done, but not at the time farme you want to get things done.

In my case all the documents must be sitting at my attorney's desk with all the requried docs, etc.. They just need to attach the employment letter, checks and review/ship it... But have no clue when this will be done. Hope it is within the first week. Just got one email that they understand the urgenecy and will do at the earliest. No other updates.

Has USCIS started premium processing of I-140 again ?
Can you please send me the link ?

What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ?

let me know quick please..

ah well...atleast I can get back to work now, my productivity had dropped many folds since this drama started.

Its time to make money for my beloved employer.;)

Thanks for the info. I also got mine PWD today. Just now attorney confirmed that.

My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775

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If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?

I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

I have found this point please have a look and determine if there is a chance?

VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

ALSO there is a last hope

A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?

India

Enjoy your freedom. Pray for us.

Any attorney involvement is there during the porting request ?

Very cool. Gets the Vertigo award from me. That has to be the tallest spiral staircase I've ever seen. They don't design em like that much over here - probably to minimize the possibility of jumpers.

thats what gist of it i was not there
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.

As the client manager mentioned that your brother reports to him that implies that his employer - consulting firm that filed H1 - does not have an employee - employer relationship with him. As per the last year's guidelines such staff augmentation is no longer allowed on H1 and hence the rejection. One of my friend went through similar situation last month in Delhi - his H1 got rejected as he was working on a multi year contract at client site where his work was controlled by client manager.

Applying again for the same job and company will not be helpful. The alternative is to get H1 from a different employer or to convince the current client to directly sponsor the visa.