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One BIG RED I see in your profile is you filed in July, 07 and changed job in Dec, 07. Did you waited for 6 months to change the job?



Hi All,

EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

Thanks a lot for all your support!!

Oh I did not know that one person can send webfax for each state.

When I click that link it said "You have already sent it"

I'll check again now

1. Did you find have any issues when getting 485 approved.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.

I just gave 5 stars

Hello,

Good points, but all are already on IV agenda in one form or another... please visit the IV agenda thread to read what all IV is doing...

Those are wonderful, Anders! They should make up for quite a few days without great shots. :)

And thanks, QJ. I wish I could figure out how to make money at this. ;)

Janet

To: All
I have same thing "UNKNOWN"
What are the steps are you guys taking to resolve this problem?

My mother-in-law had a two way ticket but she was not carrying the e-ticket paper for return ticket, and for that they made her wait 2 hours to verify with the airline that she had a return ticket. So it is VERY Important to have a return ticket, if the visa status is B2 visitor.

Someone gave me a red dot for this post. Why?? Now folks think twice before trying to help someone on this forum, you might get a negative reputation.

/\/\

good but sad article, thanks for posting.

And this "attorney" was actually paid for filing this PERM application?

The educational requirements specified in the PERM may give you some room to wriggle out of this.
Yes. I have paid quite amount of money to fill the PERM application.
So, what you are saying that I actually can continue the process?

According to my attorney i have to go out of the country and come back to get a new I 94 , He also said for trips to mexico less than 30 days you dont get a new I 94 is that true , i dont want to file a extension bcos i cant afford attorney fees now. Anyone got a new I 94 when entering from Mexico.

Thanks

Kris.

This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !

Seems like this bill has some EB provisions as well - like exempting PhD holders from visa numbers. Ofcourse thats too little but something is better than nothing.

I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.


The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.

Just got all receipt notices - 485, 131, 765. Online status shows "EAD card ordered"; "AP Approved - Notice sent". No FP yet, but overall its been a good day.


CSC will transfer the 485 to other service center (TSC, etc..) if you do not belong to their jurisdiction, but will process your EAD/AP, if they do the data entry. My 485 is transfered to TSC and got the transfer notice, but they also processed the EAD/AP. Received the EAD/AP from CSC.

Misha,

Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.

she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.

She gave our AP for me and my wife right away.

So I advice you to take Info pass and check.Ap what I received was in paper.

Thanks for the advice. I have my infopass appointment on July 23 2008. We will see.

Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!

There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.

At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.

You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.

or is it the same question you wanted an answer to?

We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D

Support from president was there even last year but nothing happened. For immigration key is congress and so the lobbying.

Most of key politicians recognize the need to reform immigration practices in general and skilled immigration rules in particular - but immigration is an emotional issue and congress has complicated rules for anyone who want to scuttle even a small change. Hope some bill is in the works that give us some relief without raising too much opposition.

Interview Date: Friday May 6, 2011
My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
Visa Officer: A Lady
Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
Current status: last correspondence via email was on May 13th, no response as of yet.

Am I experiencing this because of my employment model? Any comments from anyone?
Did anyone else have similar experience? Anyone from Southeast Asia?

My old attorney was appointed by my old employer but after I left my old company, my old attorney was working as my personal attorney and her contract with my old company was also over. and I kind of have good understanding with him. He was helpful in general scenarios as well.
But I am not sure whether I should switch the attorney. My worry is what if I tell my old attorney that I am doing G28 to new attorney from new employer and G28 form never reach USCIS file? then all the correspondence will goto my old attorney.... what will happen in those scenario?

Thanks,
BK