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Correct! One can only file EAD or AP when applying for I-485 when dates are current or after getting I-485 notice.

But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.

Experts,

My friend got a letter from USCIS saying his H1 B transfer got Denied due to Client Contract / Letter.

1. Is he out of status?
2. He can appeal with proper evidence to show that we have contract..with clients..
3. What si the procedure.. pelase advice

Thanks in advance.

If your previous H1B expired, he is out of status. File the appeal asap. Once the appeal is accepted, he is in status till the final decision is made.

This is my opinion only. Please check with attorney.

You may have submitted your papers in Jan 2007 but make sure your lawyer forwarded it in Jan 2007. Check for the date Received on the approval notice.



For my recent H1B extention for 7th year extention, I have come across strange situation.
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.

I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.

what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.

I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?

Thanks
Saurav

i think i like the goose one most

I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?

485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:

This is where the whole Retro mess starts, people trying to bypass the system. Read the Requirements and if your employer/attorney thinks u qualify , u do otherwise, dont screw up the system.

Dear Viewers

Could anyone please advice me on how to claim the unpaid salary from the previous employers.

I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

Any piece of advice would be of great help.

WH-4 form is for complaining to dol

I am aware of that backlog but just want to apply as a backup. I just want to know if applying for I 130 while I 140 is approved is there any conflict ?

you can file 2 i140's.. ( I Have 4 in total)

I filed 2 (EB2 Eb3) based on my perm (already approved) and another set of EB2 EB3 based on my old labor (in process)

Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?

Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.

Can somebody please help!

Thanks in advace.!

What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.

I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc

u can apply after u get ur H1 papers..

If we register our marriage in the US, say, today, wouldn't that conflict with the marriage affidavits we submitted for H4 etc? Those bear the wedding's original date.

Hello,
okay thanks for your replies..let me reiterate my situation.
I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.

Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
Please help answer my question....

Thank you
Tina

Can any senior Guy/Guru confirm this...

"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?


If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act.

There are hardly any efforts now to do targetted email & phone campaigns now. This costs no money, and very little time.

I had called up Senator John Coryn's office. They told me that currently immigration bills are going nowhere. The Senator still has plans to introduce SKILL bill, but exactly when that will happen is not certain.


BE HEARD - Thursday, January 18, 2007

http://hammondlawgroup.blogspot.com/

AILA has suggested two ways that everyone can let their voice be heard.

1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2

2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175

Other EB2 threads have so much rejoicing going on, that we Eb3 folks are virtually left out as orphans!:mad:

so in August there were 3999 waiting in 2001, 2075 in 2002, 4769 in 2003 and 6370 in 2004 then in 2005 its 14 678.....

so really we should be in 2003 by now............

I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?

Some paras from Complaints Rise Against Immigration Lawyers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/06/AR2007010601214.html). There was a nearby link that had telephone numbers. I could not find it. I had posted the numbers in a Lawyers thread. I could not find the thread.

Complaints against immigration lawyers working in and around the nation's capital are rising, say officials who investigate allegations of attorney misconduct.

Last year, the D.C. Office of Bar Counsel received 59 complaints about immigration lawyers, up from 49 in 2005 -- when, for the first time, immigration law drew more complaints than any other specialized practice area.

Bolivian immigrants Rene and Fanny Saavedra of Gaithersburg with son Alexis. Rene Saavedra won permanent U.S. residency in 2000, but his wife was mistakenly told by their attorney that she would have to wait for her green card. (By Lucian Perkins -- The Washington Post)

The bar counsel office is finalizing 2006 totals for other categories, but complaints about immigration law appear likely to rank near the top again.

Federal sanctions have been rising in recent years. Established in 2000, the bar counsel at the Executive Office for Immigration Review, the Justice Department branch that oversees U.S. immigration courts and the Board of Immigration Appeals, disciplined 47 immigration lawyers last year and 54 the previous year -- up from 22 in 2000.

Hello fellow IV members,

I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?

Thanks for your help.

This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21