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the RFE was on Ability to Pay

If the company is making profit and they are paying salary as specified in LC. I think you be good after appealing.

can this event me scheduled to someother day, preferably a weekend ?

Also, May 15th is mine and my daughter's birthday, so I would have to be at home in the evening ?

Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.

Meanwhile anyone with any other opinion is welcome here. Thks all

hi there:

One can only work for an H-1B employer for whom H1b petition is approved and is valid. By working for a different employer without filing a transfer of H-1b to the new employer, one falls out of status. Going back to the original employer A would not put such a person back into legal h-1b status at all. Consult an attorney to review your options. However, staying in the U.S. even if you go back to your original employer A, will not repair your out-of-status problem and most likely will count toward being illegally here. The odds are high that the USCIS will notice this sooner or later and you may have a big problem then. Since your visa stamp is till unexpired (I am not sure if it is still valid, even if it is still unexpired), maybe re-entering the U.S. and working for employer A would help, but still you should consult a good immigration attorney to see if that would be OK.

Best Regards,

If possible, try to get hospital record of live birth. Though it is not birth certificate, it may be used as secondary evidence.

well i m trying to get the bc of my wife and i m afraid that the date of "registration of birth" will be of this year as she is getting her bc this year only. so in order to back it up i m getting the affedevits from her parents. thats y i asked that will it b OK if i get the affedevits from ABC city where her parents reside currentlty or do i have to get the affedevit from the city where she was born.

pls. note no matter from where we make the affedevits it will say that she was born in xyz city.

i m not sure does it mke any diffrence if we get the affedevits from abc city.
there is no other record available which i can produce.

pls help!!!!

Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.

Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.


On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?

Is the SOC/O*NET job code same for both jobs ? If so, you should be fine but double check with your lawyer.

Try calling the DOS and explaining then what's going on and see who you can call to check the status next.

The lawyers email is text book response and may not help you much.

If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!

i called DOS again and they say its in the final processing stage at the embassy..check with embassy..and embassy said waiting for information from DOS..i just hope VO doesnt send it back to DOS for more processing again...
how did your wife's PP go ?? any news from embassyy..

Job A
OES/SOC Code: 15-1099
OES/SOC Title: Computer Specialists, All Other

The interview with Jay about the rally just started.

Hello,

I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -

If baby has to travel to india, do i need PIO or OCI?
What is difference b/w two?
Can i simultanesously apply for PIO/OCI along with US passport?
What documents would I need to apply PIO/OCI along and US passport?
How long does everything take?

Thanks,
ak_manu

It's next Wednesday morning on July 5th on Independence Mall in downtown Philadelphia. Give me a call or email me if you are interested. I would need to know right away though.

You can find my contact info here:

http://americanfamiliesunited.com/index.php?option=com_contact&catid=12&Itemid=3

Please navigate to the following threads and do the action items

http://immigrationvoice.org/forum/showthread.php?t=11694&page=2

http://immigrationvoice.org/forum/showthread.php?t=11962

First, you should not offer money for such a letter. Secondly, you can ask a colleague to write one for you. When you send a letter from a colleague, explain that the company had refused to write a letter for you. Include the phone number and the address of the company.
In general, a colleague letter is enough as long as the USCIS can verify the author of the letter.

Not before you give yours back. you are a temp anyways. you don't even have to surrender your gc.

Practice what you preach.
BTW myself and majority of members on this forum hasn't replaced any American worker.

short clip Telecasting in desi channels will be a good idea. as i know lot of indians watch desi channels.I still know many in my relatives who are suffering from green card retrogression but are ignorant of immigrationvoice.org and core team.all of them have desi channels through dish. we can telecast a short 10 second add in these channels and also telecast in u.s. channels to get widespread desi support and also all other green card retrogression victims support.by telecasting in these channels many ppl back in india will also know about the problems we indians are facing in u.s.a due to gc retro.we have to use popular media like t.v and internet as much as possible to get fellow victims and would-be victims know about us.yesterday i have posted in various communities like 'indians in america','hyderbadi's abroad' in orkut.com about immigrationvoice.org.similarly we can target many social networking sites,rediff.com,yahoo.com and other websites.chain mails like forwarding the plight of gc victims to all other friends and so on...and sending offline messsages through yahoo messenger etc .what say ???

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.

So far $50.

Do you have to wait until the dates become current to add a spouse or can an application be made to add the name right now?

I returned back from India a few days ago. My experience was very similar to "LostInGCProcess". The only difference was that i had only 2 copies of AP. They kept one and gave me one.

So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.

They will not take the only copy you have if you make another trip out of the country before it expires.

You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.

It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested

I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check).
Well in my case USCIS did not give me any information.
So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
So i have stopped calling USCIS and directly call the Senator office.
Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
So may be you can try calling the Senator office and ask them to followup with your case.


Should you call your Senator or Congressman - and does it matter? Thanks in advance ppl..

on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.

For a safe bet its good to have the EAD/AP with you. has foll advantage

- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP

one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.

may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.

all these are my personal views. im not an attorney
thanks

Hi Surge
You should then consult a lawyer.

i did. different lawyers said different thing so i do not know who is right and who is wrong.

should i make an infopass appointment and idscusss it with them?