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Gurus,
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.

I am not sure what should I be doing in this situation:

If I reply with all facts this might effect my pending H1B status for new employer.


If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]

I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

Thanks
Saurav

If you decide to reply, tell the truth.

Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.

Reposting this I-485 Standard Operating Procedure (SOP) link again. This gives us a clue of what is checked when the packet is opened in the mail room and then further down with the AO.

http://www.imminfo.com/resources/cissop.html

I saw some postings about AP wherein people got 3 AP papers.
Is it ok if you just get 2 AP papers?

Thank you.

Thanks IV Core. We are all with you.

Nice interview. Thanks Mark! I enjoyed your responses. You were well prepared with facts to support your points.

Any answers to this questions ?
I hate to say this...but if u are not on honest talking terms with ur employer...then u r not really in EB category.....

Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.

You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.

Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.

Thank you, but I already know that one!
She must be scrambling for those meaningless "legally correct" words to fill the page now.. not a word from her yet.. except that we already got to know from WSJ report this morning.

changing job location...

But ksircar, instead of accepting can't we raise red flags to USCIS?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.

It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?

Thank you Mark!
You did an excellent job. Your explanations were very clear and probably made sense for someone who is not familiar with EB immigration issues.
Thanks!

thanks piyu7444 ... dont we all love green (like green card, green car, green back ...)

Yeah man atleast I do love all the greeeeeeeeensssssssss from dot to dollar....lol

My EB3 I-140 and I-485 (India) is pending from NSC my PD is Aug 2004.My wife is a citizen of South Africa she is also in H1B visa and derivvative of my I-485.Now it is possible for me to change the country of chargeability to South Africa, If possible can we able to get our GC in the month of March?

Hi Sakthisagar,

So this time when you are going to apply in April for ur H1 extn, you will again be paying for H1 extn fees and H4 extn in case you have dependents ?

Also one can file for H1 extn 1 week before his current H1 expiry date right ? without premium processing ?

That is so not true. Even though Dallas was faster than Philly, it only cleared labor for 2003 and earlier filers in 2005. Essentially Dallas mostly cleared only those cases in 2005 which were stuck at regional and not state level. My labor was cleared in late 2006.

I know cos I am one such unfortunate case.

I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
With the way things are going we never know :)

I am using AC21. I start my new Job on Monday. I have had an independent attorney of my own for the past 3 years from whom I get a second opinion from time to time. I have already hired them for my AC21. I really liked the attorney I was working with through my old employer as well and at this time I do not know if my I-140 will be revoked. My employer will keep me in the loop with anything. My attorney has already prepared an AC21 package. Take a look at Page 3 of the Yates Memo. Here is the link (http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf). Here is an extract as well

Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to
the office having jurisdiction over the pending Form I-485 that the new offer of employment is
in the same or similar occupational classification as the offer of employment for which the
petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
employment in the same or similar occupation, the BCIS may consider the approved Form I-140
to remain valid with respect to the new offer of employment and may continue regular
processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
not established that the new offer of employment is in the same or similar occupation, the
adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
the Form I-485.hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

Thank you

Rex

and so are 26 other consultants in her department. All of them are being replaced by permanent employees by client from other departments.. Basically, tough times like these., consultants are the first to be kicked out. I am awaiting my turn :(

There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.

But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.

Thanks,
Srikanth

Srikanth,

It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.

Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.

So don't worry.

How did it get approved? Did u transfer u'r H1B to another company, after it gets denied?
Please share u'r experience.

Dear folks,

I tried to help your mission. I offered my talent, time, and my experience of delivering messages.
Written to the forum and called in several times, was promised to get a call back.
And was not contacted, nor called.

And here is my message for you:
You do not care about immigration reform - you care about your own green cards. You care ONLY about daisy consultants, such as yourselves, and you are not ready to address issues at large.
You do not speak on behalf of me, nor you speak on behalf of the mainstream any employment based immigrant.

Best of luck.


Sir,
Was there any specific information that you needed ?