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yes california service center didn't accept my H1B extension application and returned back saying we have to file it in Vermont Service Center that's what my Attorney told me if he is not lying. But the good thing is my EAD shows 10/10/2007 start date and my H1B expired on 10/11/2007.

But I still am not using EAD and have sent my H extension to Vermont and hoping for good. So for some reason if they don't approve will use my EAD from that point. But will it cause any issues in future or on 485

But lesson learnt is never hire cheap lawyers most of the time they don't know anything.

Thanks

Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.

Guys ... kismet changes!

Congrats and Best Wishes, I wish I get my GC too

Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)

about multiple A#s
http://www.murthy.com/mb_pdf/112307_P.html

The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.

According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.

Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.

Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.

Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.

Ams

Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.

Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.

Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.

Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.

But option 1 is far far better, even it needs little sacrifise from your spouse point of view.

Or she can continue to stay by switching to F1 status.
Thai is the best way.

People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

Is there any use in comming here as a student?? anymore..


Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help

vet04, Unfortunatly I dont have an answer to your question but if you dont mind can u pls let us know more about your current job so that I can start looking at your current job as an option for me incase if I get a green card. I am serious and not kidding. I want to know who is paying
200k salary in this job market and what is the job requirement for that.

Hello 90210,

If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.

I talked to Murthy about this couple of months ago.

Based on current estimates, it will be 10-15 years time, unless u r son/daughter can sponsor you prior... u will end up in family quota wait still.

I am not sarcastic this is the reality,

Hey, in 5 years, all the EB waitings are going to start the family based GCs with their kids. So in 10 years, the Family Queue will be same as EB Queue, so it is better to wait on EB Queue. :)

I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.

One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.

Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.

Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.

Keep all your documents ready and apply for ur wife as soon as your PD becomes current.

How about if Company closes down ?

Folks, We need participation for our So.Cal event this sunday. We targeted sending a 1000 letters from our group. However we only sent 21 letters so far and we have long ways to go to reach our goal. I strongly beleive we can achieve our target if every member of our group comes forward and paticipates in this Action Item. We have 135 members in our group and I strongly believe we can achieve our goal as a team.

I did not say that you cannot. I only said if the previous I140 was revoked due to fraud by USICS then you cannot port the PD to your new application.

Yes even if the I140 is cancelled by previous employer but was clean then you can still use the PD with your new application.
Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"

Looks like we can port the priority date ..., even our employers cancels I-140....

I'm happy it finally worked out for you! Will you be changing your handle now ? :)

Remember, USCIS only tells us "total" I-485 receipts. They don't break it down to what many of us are interested to know, which is, how many are family based and how many are employment based. There is no way to know how many of the 150K receipts issued in Sept for I-485 were EB.

FB and EB combined annual limit is 366,000 immigrant visas (226K FB + 140K EB)

Again quoting from the monthly visa bulletin:

"Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320."

I guess the cases that are pre-adjucated are called for interview.

Well "interview" without PD becoming current is a part of "preadjudication" process. Thats why you see those denials, RFEs and interview notices.

Typically once preadjudication is done - it means the next thing is "wait for visa number". Once visa number is available a final review is done by a officer.

In other words "preadjudicated" means "approvable"

Don't worry guys.If you have received a mail saying that your GC is posted and if it is more than 30 days you can contact the customer service and create a service request.
You will get your card within 30 days.

If it was sent to a different address it would be returned to USCIS and you will be getting a mail saying that your GC was returned.
For this case also you have to create a service request and you will get your card within 30 days.

What confuses me is or are you saying that calfornia service center no more process the H1-B extension. But when you go to processing time in USCIS website it still shows you that they process H1-B extension
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC

My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.