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Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?

Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.

Yes marriage is another option, but only 50% is in my hand for this option.

Please please guys, get me some way out of this situation.

Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.

The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.

I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??

Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.

Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...

Thanks

You can travel on H-1 without I-485 receipt according to new USCIS rule but for travel on AP you still need the receipt for 485.
http://www.murthy.com/news/n_firule.html

Who remembers "The Prisoner"?

Patrick McGoohan............Number 6...........The Village.........mid 60's I think.

All,

Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1

My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

Regards,

Get some inspiration

qtW8h5vLfn4

and make it to the meeting and rally :)

see you there..

Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.

There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.

There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?

That is incorrect. USCIS would send a copy of RFE to you as well.

My wife got a medical RFE and I'm looking at the letter from USCIS as I type.

Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.

For me I never got a any communication directly from USCIS for the RFE.

Thanks guys for making the effort to understand my situation.

i now need a couple of clarifications:

pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.

So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).

Is that understanding correct?

Further, the new Eb-2 application from my would-be employer would be for an Engineer position.

Are my assumptions correct?

Thanks much

I agree.

Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.

Maybe they should also keep it low key so less people oppose it;)

Send it through when Mr.King is on vacation:D

Don't keep your expectations so low. Change is on the way ! Senate's color has changed. ;)

Pls. find the answers in red ink below. Also, all the answers are based on personal experience.

Can I work while the case is appealed?

No. You cannot unless you have a back - up of EAD.




How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?

There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.




What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?

No idea.


Can I start working once the receipt for the new h1b petition comes in?

No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.

If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?

If consulate case, then you will have to get it stamp to start working.

Can i transfer my approved I140 to a new employer ?

I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)

I will really appreciate your feedback on this.


Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.

Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?

if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

Thanks in advance.

White House Says Immigration Reform Unlikely in �09 - Roll Call (http://www.rollcall.com/news/36115-1.html)

Still unlikely I would not take a word from Gibbs. He never knows anything.

I have received my GC on January 28th. My company filled the following with USCIS:

I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

Please advice.

Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

Hope this makes sense.

It took me about 95 days, from start to finish.

Can you please share which service center and the dates..

Although I was not affected, my colleague who joined most recently this company for $100k salary on consulting project was scammed. He was astonished when he received his pay check, the reason being this company deducted 33% tax then deposited reaming amount on bank which was further liable to tax deduction from IRS.

For example

100k/12 = 8333/pm -company deducted highest tax bracket 2525(33% of 8333) as tax then deposited 5808/pm on bank account, after IRS withholding he got around 4000/pm.

We need to stop such scams by let labor department know about this and arrest him to set an example to other consulting companies saying we are not uneducated.

Is it necessary to file second time with I-140 reciept?
What is the fee?
Do you have new form I-485 and I-765 (EAD)?

This is a very basic question and I need answer on this as early as possible and guidance from you.

I came to this country in Dec 2001 on H1B Visa.

I never applied for green card since then.

Now on Dec1,2007 my H1B expires so I will have to go back to China.

If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?

Am I even eligible to do so?

Can I go to Canada and still work in USA (Since I live close to canadian border)?

With a name like "Savitri Bhave" why would you have to go back to China?!!!

Anyway, your best bet is to file PERM (takes 2-4 months) and go for premium processing of I-140 (if USCIS resumes PP), and apply for EAD through I-485 (if your PD is current). That way, you don't need to renew your H-1B, but can continue to work on EAD. But as you can see there are several "ifs" in this entire equation which no one can answer with 100% conviction.

Try talking to an attorney to see your options. If this doesn't work out, maybe you can leave the US for a year and reenter again. Of course, you will have to start your GC process then.

Thanks,
Jayant

Irrespective of political parties or the issues, I am proud of this Indian guy standing up against "fair and balanced fox news"

he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........

Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)

& y do u think this guy or someone like him will stand up for us when v r not willing to stand up for our issues?

Did you recieve old SS# on new card ? or entirely new SS# ?

You can also get a letter from your collegue that worked with that company with all ur job duties mentioned. That serves your purpose I guess.

hello,

I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

Ony calcutta dates are available.

Can I book an emergency appointment in this situation?

I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

Extended h1b here in USA..Now going to India for the first time after visa expiry.

Also, for the stamping, should i carry all old LCA's or just the latest one?

Thanks,
arthi

Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):

Carry the Following Documents with You


Bring the following documents to your scheduled interview:

A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.

Your confirmation page (printed on a laser printer).
Appointment letter
HDFC Bank fee receipt

In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.


Note: Please obtain a new passport prior to your interview if:

- The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or

- Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.

U.S. visas cannot be placed in damaged passports.

If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:

Plus

I-797 - the original notice of approval,
The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
Original, plus one copy, of your work experience letters from your previous employers

First time applicants may consider submitting the following documents:

Pay slips from current or most recent place of employment
Names and current phone numbers of the personnel managers at the applicant's present and past jobs
Photographs of the inside and outside of current or most recent employer's place of business
Names and contact information of two co-workers from your current or most recent place of employment
Names and contact information of two co-workers from past jobs
A complete resume/bio-data and cover letter describing current job duties in detail
Personal bank records for the last six months
US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report

The Consulate will not accept documents received directly from the company by mail or fax.


If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.


All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.

Good luck with the stamping and God bless.

the answer you got is correct. you can sign as the child's father. I agree that the law is inhumane, but sadly it is the law. The baby's young age alone will not suffice as a basis for Humanitarian Parole. Again, I urge you to consult with an experienced lawyer before proceeding.