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

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

did you ask them if the processing date on the website includes applications received on July 2 also? I know it is not clear... but maybe if you had asked them...?
Mine is July 2 and he said my file is with in processing dates and they should be working on it so I wd assume it is <=

Hi

I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

I have proper timesheets that i had submitted with client to prove my work hours with client.

How do i get my pay stubs and my pay?

Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

Please help

Thanks
MRD

Lets start new threads.....
1. ordered
2. approved
3. ordered and approved but not yet received
4. ordered, approved and received


is there anyone on the boat or "ordered and not approved" then we will consider new thread for that also :D

Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..

HTH,

If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.

Hello,

I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.

That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?

Thanks for going through my post.

This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.

In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.

One more thing, I would highly appreciate it if you could post your findings in this thread/forum.

My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

My 140 is still pending

Actually speaking your wife does not require any visa after applying for AOS but your 140 is not approved so to be on the safer side please change the status to H4. I would suggest consult your attorney

Hi Immi2006:

thanks for the update and analysis. But My 140 is approved in less than 20 days.. I donot work for MNC. Work for an American owned Company. Not sure, how much time it would take to reach 10/05 priority date for eb2.

Let us hope for the best.. :rolleyes:

Thanks,:)



THose are labour filed.

It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.

One thing that emerges clear from the data pattern :

Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.

Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ?? also I would urge all members to be active with IV ..till we get citizenships and even after that ..spread the word !! if we are united we can get things done ...

If I renew my H1B can I avoid visa stamping by using the AP travel document.
You can use AP to travel and still be on H status, provided you are working for the same employer.

I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.

I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Its better to maintain H1 status till you get the GC.

Any updates on the EAD and 245 rule

Royal Philips Electronics plans to cut 6,000 jobs. Those cuts could include layoffs at a Latham[,NY] operation.�I know that cuts across all sectors and all geographies,� said Ian Race, a spokesman for Holland-based Philips.Philips has 500 employees in Latham.Source: The Business Review (Albany)Posted in Electronics, US, worldwide   Tagged: Philips, Philips layoffs    http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1241&subd=layoffblog&ref=&feed=1

More... (http://layoffblog.com/2009/01/26/philips-to-cut-6000-jobs/)

How about an apology from an Indian Prime Minister saying he is sorry that you were born in India and are not able to get greencard.

Why should USCIS apologize to you? Did USCIS force you to apply for Greencard?

I agree with rajuram. We are all tax payers. The whole concept of democracy is taxation with representation. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?

Do they entertain such request - any positive (or negative) experience ... appreciate ... will be in India during May and planning to go for stamping ... mine is a 2006 job change/extension case and was wondering if the I129 made it to the PIMS or not :confused:...

I got this from different website(not sure if I can quote here).

Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D

Hello All,

Sorry for the post outside immigration boundaries.

My wife with 2 toddler kids will be traveling to India via Lufthansa.

I wanted to know from recent experiences how many check-in bags are allowed per person. My kids are 4 yrs old and they have a full ticket.

I know that some airlines only allow 1 checking per person, but wanted to know about Lufthansa specifically.

I could not find a clear answer on Lufthansa.com for baggage allowance to either India or Asia.

Thanks in advance for all your help.

I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
No only primary applicant can extend their H-1 spouses beyond six who are on H-1B are "forced" to convert to H-4 :mad: :mad:

Congratulations.. Enjoy your freedom.

Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

no updates online just received postal mail from USCIS today .

I guess end of long wait , been in country from 2001 .

I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

FYI - I dont know if my back ground check is clear or not , I guess it is .

LC approved in 2006, can I still apply for I-140?

No.

Thanks for your immediate response, gnutin and thomachan72.

Mr.gnutin,

Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

1. If my labor from my previous employer (A) is approved (which in my case)
2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

Thanks and Regards,

H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.

When I traveled to Hyd, my luggage went missing. They found that the connecting flt to JFK didn't deliver the bags to Emirates. I got that after 2 days. But they gave me $50 at Hyd and also amount equivalent 2 2nd AC train tickets to my District. They have really good shops at Dubai airport.

One of my friends took a tourist Visa and went to visit Dubai on this return trip to US. He was sent to additional screening at JFK after seeing Dubai visa in his PP. No problems at the end. This is just an info.