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This is very useful information. So it is the Job Classification code that is important right??

Thats my understanding as well. The information on salary is a little confusing though...

Sad to know about u r situation and hope u will get out of it soon.

Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!

As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.

You can port PD from Eb3 to any employment category.

Did i answer u r queries...???

Good luck

Buying a house is a big decision and there is nothing wrong in asking others. This forum is all about sharing views if you don�t have something nice to say or don�t have any idea about housing stop commenting.

He has never shared his opinion or thoughts about economy or housing, simply wants to buy a house. we need people like him to move housing inventory and spend most of his monthly income on housing payments

You can use your AP with no issues. That's the exact intent of that document.


Hi Guys,

My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

Thanks and have a great weekend,

Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
It was in Jacksonville (FL). When I was called inside for EAD FP, I gave the lady (who was taking the FP) a copy of my I485 receipt notice, and told her that I still haven't got FP notice for that, even after 11 months (I am a July 2 filer). She briefly talked to her superior (it seemed they are well aware of this issue), took the code-3 (combining code-2 for EAD and code-1 for I485) biometrics for me and my wife, and stamped on both our original EAD notice and the I485 receipt copy. She also told me to ignore the separate I485 FP notice that will be mailed to me (apparently the machine generates this notice automatically when my file is accessed, but haven't got it yet).

how bad can that be.. :D

any other tri state members want to be a part of IV?

why will it retrogate again? we will see forward movement. be +ve and optimistic.:)

Agreed! Let's think positive that it will move forward.

My case is not complicated (i believe) but transfered from Texas to Vermont.
May be not many adjudicators over there who can handle 485's or lot of workload.
Is your case complicated
My case is not complicated (i believe) but transfered from Texas to Vermont.
(Hope not many adjudicators over there who can handle 485's or lot of workload. )


[QUOTE or has multiple applications?[/QUOTE]

Family of three.

The new bill does not care about STEM. The only qualification you need is a degree in ILLEGAL immigration.

Another simple option - Enjoy some time with her, take her to different places and forget about this craziness that is going around. After marriage, man, believe me, you will get enough time to browse through immigration related web site.

One of the stupid questions!!!

If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????

If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.

Do you guys think ? they might see this and enter it as received date ?

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Can you please let me know anyone. I had this doubt because one of my friend is saying,

During PORT OF ENTRY AP can only be used with EAD. Expired EAD will be an issue here.
Even if you do not use EAD and in H1.


PLEASE LET ME KNOW:confused:

Hello,

I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.

Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.

Any help is appreciated.

Thanks in Advance,
Satya.

Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.

Me and my wife got soft LUD on 485 files. the date was 03/19/2009. we are Jul 07 filers. PD was May 07

If your new I-797 came with a new I-94 attached at the bottom, you should be fine. Usually, if you renew H1-B past the expiration date, you are classified under "Consular Approval" and therefore must get H1B stamped into your passport the next time you leave and want to enter the US.

Hi, Thanks for the reply.
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.

Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?

Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?

1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

Have a good day!

________________________
Not a legal advice
US citizen of Indian origin

hello,

I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

Ony calcutta dates are available.

Can I book an emergency appointment in this situation?

I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

Extended h1b here in USA..Now going to India for the first time after visa expiry.

Also, for the stamping, should i carry all old LCA's or just the latest one?

Thanks,
arthi

Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):

Carry the Following Documents with You


Bring the following documents to your scheduled interview:

A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.

Your confirmation page (printed on a laser printer).
Appointment letter
HDFC Bank fee receipt

In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.


Note: Please obtain a new passport prior to your interview if:

- The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or

- Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.

U.S. visas cannot be placed in damaged passports.

If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:

Plus

I-797 - the original notice of approval,
The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
Original, plus one copy, of your work experience letters from your previous employers

First time applicants may consider submitting the following documents:

Pay slips from current or most recent place of employment
Names and current phone numbers of the personnel managers at the applicant's present and past jobs
Photographs of the inside and outside of current or most recent employer's place of business
Names and contact information of two co-workers from your current or most recent place of employment
Names and contact information of two co-workers from past jobs
A complete resume/bio-data and cover letter describing current job duties in detail
Personal bank records for the last six months
US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report

The Consulate will not accept documents received directly from the company by mail or fax.


If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.


All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.

Good luck with the stamping and God bless.

Everybody knows about legals and illegals. Will it gain any grounds for them to get big vote this november is important. The SKIL bill or any legal provisions in the CIR will not fetch even a single vote for them. In fact it MAY reduce the vote from anti immigrant groups if they add anything for legals.

So I strongly doubt either house or senate to include any provisions related to legal immigrants at this point. Nobody wants to take a chance at this juncture of election period. From politicians point of view, it is better for them to maintain status quo now rather than including something which might create a huge noise later during the election period.

So keep on talking about this. Nothing is going to happen till March 07. Even after march, we have to start with some new bills and start the work on educating the senators and others about legal immigration issues. At this point,I think we are back to square one and our hands are tied up till they decide to talk about legals.

Attorney suggested to follow up with FP second time also and said we will be asked by USCIS which application to keep. Is this true?
Not true. They won't ask you anything. I would get my FP done. Then have your attorney write a letter to the USCIS explaining why you submitted two AOS applications, then asking them to keep any one "approvable" of the two AOS applications you submitted. This, I was told by an attorney during a private consultation call. Hope this helps. Best advice is, please consult an attorney:)

I emailed it. Thanks for starting this campaign.