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Zogby, Time, CNN, ABC news, CBS news to do a poll this way:

Who do you think is right on immigration - the house or the senate?

I bet a majority will say "the senate". That should give the House anti-immigration group some pause.

Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.

If you do find a poll like this, popularize it by sending it to local news outlets.

thnx but do you mean what the text says or the font/format/position of it?

Please stop this insanity and concentrate on good work.

thanks arnet

This is like giving them a small window to file within 10 days in the old rate other wise....pay the big chunk.

Good tactics....it will be difficult for the people who do not have any medical appointments and other documents that need to come from other countries !!

How about extending the poll to include Dec'04 ?

Hi,

I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

Any productive feedback is highly appreciated...

pal :)

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.

Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?

thanks

I suppose you are living in USA.

On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

To answer your question, you are a non-permanent resident alien.

As per me, you really have to do "nothing"

1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.

I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons

The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485

Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?

All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

Does this hanging I-129 petition affect the 485 / EAD that we have filed.?

Thank you!

Thanks once again for your reply.

I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :

- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.

Thanks again for your time and advise.

Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.

why your co-workers 140 was denied. Is it sub labour or she is the primary ?.

Thanks

I am currently waiting for my renewed passport from Washington DC embassy, which I had mailed them on Dec 30th(signed for and received by them on Dec 31st). The passport is due to expire in Oct 2011. My problem is, my drivers license is expiring on Feb 24th as is my stamped visa. My employer has filed for my H1b extension and I currently have the original receipt notice needed for renewing my license. But, I cannot renew it without the original passport. I have been trying to reach them through phone as well as email for over 10 days now. Also, when filling out the form , I have a different permanent Indian address than what I had on the passport as my family back home had moved. The following are my questions:
1) Does this increase the processing time, due to any verification of address in India?
2) Has anybody been in the same situation and if yes, how long did it take for the embassy to renew and mail the passport?
3) Does anybody have a point of contact at the Embassy?

NOTE: I just talked to my bank and confirmed that the cashiers checks I had send along with the application have been cashed on Jan 24th. I dont know where that puts me on the timeline for receving my passport.

I have been looking at other threads on the forum and looks like it is typically taking 40 days for people to receive their passports in the mail. But , my license situation is concerning as I do not know, at what stage of renewal process my passport is in and how much longer I have to wait. Any insight will be greatly appreciated.

Thanks,
Jagan

It has been taking for ever to move. I had missed 3 times already to get it approved during the last 5 years. Lets see if it moves to 2002

Let us assume that we have totally 70,000 Nurses pending now.

a. PD <= 2006 is 10000
b. PD > 2006 is 60000

This would not help much of ppl waiting in EB3 with PD earlier than Nov 2006 bcoz it takes only 10,000 of their queue. But it really helps the ppl with PD > 2006.

Also it depends on whether 7% country limit is applicable. It would help RoW better than retrogressed countries.

In either case, it is a win-win situation for EB3 India 61,000 * .07 = 4270. Still it is worth of about 1 yr worth of EB3 visas for retrogressed countries.

Any thoughts or corrections?

Could you please explay why is that? What if there are nurses with PD 2002, 03, 04 or 05

I had only one lud after fingerprints code 3 (same Day - Thu day).
:( Does that mean my case is stuck in Name check.??????????????? :(

Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?

Your case is different as you are protected by AC21 regulations. You can continue working for company B upon GC approval. The original poster's case is different since he changed employers when his labor was still pending and the only way employer A would have justified continuing processing his case was under the pretext that the beneficiary would join the company upon GC approval. Infact, thats the only reason why USCIS continued to process his petition and eventually approve it.

Now, if the job no longer exists at the time of GC approval, then it could lead to serious consequences and GC can be revoked anytime by USCIS if they find this out. Remember, its always the responsibility of the beneficiary to provide relevant/sufficient documentation whenever asked for, even after the beneficiary has an approved GC. Such things will come back and haunt you if not taken care of in an appropriate manner (legal consulation).

With regards to the 485, are these dates the dates our applications were received at the center? (which for almost everyone who filed in the jul 2007 fiasco would be prior to Aug 17, 2007).

Or is this the notice date?

My notice date is much later, end of Sep 2007 but the date it was recweived at TSC was around Aug 15.

This could be a second part of campaign for administative fixes. also, please include some strategy to fight for FIFO processing. This is also very important issue

No offense to anyone but I think this is how the market is flooded sometimes with short term trained and oppurtunisticly timing decisions made by people.

Before you change careers I think you ought to see whether it really fits ur goals and aspirations..my 2 cents... CHances are you may not even like that job and want ot get trained in something else...I dont make a boat load of money but I like my job so far...however if money is the sole (please dont confuse this with means of living) reason to get into any job there are so many jobs and fields one can explore and change often...Its all your personal choice...

Good point. I am just studying the trade off between "career" and "likability" of job or the job you love. I agree with you about money. I am not just for money or I do not want to be in rat race. (If money is the only goal we all can do real estate bussiness in India) After spending 10 years in engineering, I want to change the field. Even I am ready to go with little less than what I make now. . The main reason is I want to have just relaxing job, not much stress. At the same time it should be a longterm. I thought QA may be one of the field. I do not know yet it is a right thought.

if I apply for a new H1 transfer , can I start working after getting the receipt?