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I agree that technically he should be able to file based on the visa bulletin. However, note that this time, they kept the "unavailability" information under wraps unlike in July 2007.

he is still eligible to file.

Received FP Notice in mail today

485 RD: Jul 2 2007
485 ND: Aug 7 2007
FP ND : Aug 14 2007
FP Date: Aug 28 2007

Hi All,

I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.

As per my understanding these are the options:

1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...

2) I can join my H1 employer...

Can anyone of you please suggest if these options are correct OR is there any other better option available...

Eagerly waiting for responses...

Thanks,
Gagan Chodhry

Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.

You applied for L1 extension on Oct 15th.

Would you mind sharing the denial reason with us?

__________________
Not a legal advice.

Hi All,

One of my friend is in a bad situation, I am posting on behalf of him, ....

AJ

I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".

Guys, we are entering 2010...

elanegeng and curiosity_76 welcome to Alabama state chapter. Nice to know that there are people in alabama stuck in retro. For a while I was getting alone in here :). I am in Huntsville. Where are you in bama curiosity_76?

Lets stay in touch. We can share our contact information so that we can get in touch with others when we have to meet lawmakers or other important events.

Thanks a lot snathan.

emploer A is still holding my H1b, they did not revoke it.

employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.

The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.

please help me.

Yes...if you get the approval, you can join the company B, anytime you want.

I got past strip bars or junk like that long time back... I am going to do something similar to what you said. I am going to become more responsible citizen and would start enjoying life more..

First thank GOD for pulling you out of this mess.
Instead of blowing the money in strip bar or any place like that, send it to India and ask them feed any orphans. You will be blessed more......

pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.

no my point was--

is there an expiry date for labor approval if 140 is not filed?

Every job/ profession requires attitude, skill and knowledge. Attitude is the 'creative/ mischievous' one ;)

How did this philosopher hat get on my head? :)

As per H1B you cannot do this.. the second job will be illegal

Mr Saxena

Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.

Now on to the OP :-

YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.

It should not have any effect on your current H1 or 140.

No, I received interview cancellation letter for the interview that scheduled in 2009. Reason not mentioned in that letter. We moved to CA, this year and San Jose field office scheduled interview

LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. If you dont want to help IV, then its a different thing. This isnt about that.

But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to director of operations office at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF. Ask them why cant we know where my 485 file is at each step of adjudication process. Why is there only 3 possible status for every petition , like case is approved, or case is rejected or we sent request for more info/evidence. Just 3 possible statuses for each petition that really goes thru elaborate stages and statuses.

Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.

It is a waste of time to speculate and connect the dots (LUDs) that dont even exist.

Congratulations ....


wow !!! freedom when your wife is in India ....go to strip bar and have fun:) you need to enjoy

similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!

Do you care to provide details ?
Is it possible that you were eligible to file I485 with other (Latest) PD as well and they are considering the recapture request ??

I'll cast my vote for paddy...:yes:

Sorry to add to the confusion and I had replied to the same question in another thread, but my lawyer told me I can be on H1 and do additional work on EAD since H1 is a dual intent visa. He also told me that nothing needs to be informed to the immigration authorities once I start using my EAD. I know this is contrary to what everyone said in the comments above, but this is the reply I got talking personally to my lawyer.

Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...

when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)

so what is pre adjucted.......:rolleyes:

I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"

As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.

Sample Format:

DATE

USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508


Re: Immigrant Petition for Alien Worker
Petitioner: XXXXXXXXX
Beneficiary: XXXXXXXXX


Dear Sir/Madam:

This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.

He will be managing XXXXXXXXXXXXX(according to Labor approval)

It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.


Yours Sincerely,




XXXXXX
XXXXXX

I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

Any advice highly appreciated. thanks!

While I am not a lawyer, I would have a few questions:

1) Is your I140 approved?
2) How many years do you have on H1?

If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.

2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.

The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.

3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.

Depends on what is more important for you? GC or better opportunity? Only you can decide.

Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4


(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-


(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;


(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

I had called NumbersUSA once. They will take the Absolute worst case scenario and project it as an everyday happening. The guy had mentioned to me that EB3 ppl promote chain migration and some get upto 80 (Yes 80) family members here. I tried arguing that it is TOTALLY impossible to bring more than five (i mean common u, ur wife and 3 kids = 5). You cant get ur parents etc., until you are a Citizen, but he wud not listen.

These guys are out to prove that immigration is a bad thing, and they will do their damndest to prove that point. They will not skew the facts, but they will present it in such a way that it looks a LOT worse than it actually is.