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As you probably realize, by transferring to another employer you will have to start the GC process all over--though you should be able to keep your May 2008 priority date.

Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)

:) hi guys

just wanted to update my case is approved yesterday and dhs is sent the approval notice so its very fast in my case..

my lawyer filed the case on 17th jan and got approval email 24th jan.. very good.

My case went directly to CSC for H1 extension and is pending since July 10 any idea others have same problem.

Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER

Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.

I got a LUD today filed 7/11/2007 NSC

what is your category? EB-2 or EB-3? Thanks in advance.

read the approach called 'bridging' (last paragraph) here:
http://www.murthy.com/news/n_yath1b.html
it literally describes your case (H1 transfer to C when a transfer to B is pending).

I've read at the vfs website and also the forums that Returning US Workers are qualified to apply for Emergency appoitment. Has anyone on this forum done this and successfully got visa stamped ? Also is there any document needed to support the emergency or just the fact that we have to return to the job is enough to qualify for this category?

Thanks!

i got receipt date as oct 11th on transfer notice.
is it the receipt date of my 485? or will there be a different date on the actual receipt??

my application reached on aug 3rd at texas.

Hi Folks:

Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?

Thanks
My son "traveled" on AP for almost 6 months.

nice. I like. i laugh
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It is not related to H1B stamping but...
I just wanted to share my experience for my parents visitor visa appointment. I was trying to get appointment in Punjabi at Delhi. I tried it for 3 months but dates were always unavailable. Finally found some guy back in India gave him Rs 2500 and got the appointment in a couple of days....I was surprised at this....I know this is not right way but I had no other option

Anyone?:(

EB 3 India..PD 03/24/2006. EAD approved-10/28/07; AP-01/09 , also same for the derivatives too..I-140 approved 09/13/2007, Also FP done..in OCT.

any update when can we get GC.

My friend who is currently working for a IT consulting firm has applied for H1B transfer to a direct hire position with a leading healthcare co. He is currently maintaining H1B status, working and getting paid.

He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.

Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?

Thanks much!!

a2p is ability to pay
Thanks Ravise! Is that a question about the ability of the employer's ability to pay?

check this:

http://immigrationvoice.org/forum/showthread.php?t=15575

also there should be other post, search the forum.


good luck.

Hi,

Situation- PD Current and eligible to file 485

Married but seperated. What should that person mention in the form?

If he mentions his wife's name on the form, would she get GC as well?

Does he need to submit any docs for his wife? Currently planning to file for himself only.

Please advise

Thanks

Hi all,
I am trying to use an existing labor from my company which has oct 2001 priority date. To date I have nine years experience and I have passed out in 1997.

I started working in Aug 1996 and continued my studies and finished it by mid 1997.

Labor cert is EB2 has requirement as master degree with 3 yrs exp or bachelors and 5 years exp.

If consider at the time of application experience then I meet all the job/tech area and experience (nearly 95%). My question is should by current experience be considered then I am over 9 years nearly 10 years exp.

What experience will be considered when labor cert is transfered? If it is my current experience because the labor is getting switched to me now or if it’s my experience at the time of the application was applied. How strict is INS to match each and every criterion in swapping a labor.

My other question is how strick is INS on the term mentioned in requirements. If the applicant transfering the labor matches in all aspects almost 100%, and in required experience one is short by one 3 months or less would INS still consider all other aspects and can OK it.

Hi All,

I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.

New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.

I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?

As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?

When can we expect EB2 PD of Jan 2005 to be current.

I would appreciate your responses.

Thanks
Sreedhar

If you're a lot of people and one fine Saturday eve, you get calls from more than one of 'm to go out than the hotter one is what's called a "pririty date".:D

Sorry. Couldn't help.

Hello,This is my first time here.
I am graduated F-1 students and now working in my OPT period
OPT valid 4/1/2008-3/31/2009.

I am gonna send application for H-1b on 4/1/2009.
If H-1b approved in April or May 2009.

My Questions are:
Can i work and stay in US during 4/1/2009-5/31 ?
( what is my status,OPT expired on 3/31/2009,H-1B not approved)

Can i work and stay in US druing 6/1/2009-10/1/2009
(What is my status?)

Thank you !

You cannot work beyond the last day of your OPT work authorization.

You say you are going to apply for an H1. This can only be done by an employer who has already fulfilled a labor conditions application on your behalf.

Once your OPT finishes you cannot just stay in the US to wait and see what happens. You will need to leave and if your visa application is approved you can get a visa stamp at your local US consulate and enter the US again within two weeks of your first date of employment which cannot be before October 1st 2009.

As most of us know, Senator Specter and the Judiciary Committee passed a bill last night. All the pro-immigrant legislation remained in there (which is a good thing)

Senator Frist had threatened that he will bring his bill to the floor if the Senate Judiciary Committee does not do it. Since the bill passed the committee yesterday, most people assume that the Senate will debate Senator Specter's bill.

WRONG!

As per this news here http://www.boston.com/news/nation/washington/articles/2006/03/28/panel_acts_to_expand_immigrant_rights/?page=full

Despite yesterday's vote, Senate majority leader Bill Frist warned that he may substitute his bill, which only enforces borders, and ask the full Senate to vote on it instead of the far broader and more lenient measure approved yesterday by the judiciary committee.

In any event, a bruising battle on the Senate floor is expected this week. And even if the Senate approves the committee's bill, any measure that appears to provide ''amnesty" to those who are here illegally faces fierce opposition in the House, which in December passed a bill that would erect a fence along the Mexican border and make it a crime to provide social services to undocumented immigrants.

And while President Bush is a strong supporter of a guest worker program, he has signaled hesitancy to allowing undocumented immigrants to gain legal status.

Basically there is NO guarantee which bill comes to the floor. Please update this thread as you find more information about this