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I have same problem with SBI. Planning to use wellsfargo expresssend from now on.

It is better if more memebrs write a letter to President as appointment with President on these matters may not seems possible

I have never been to florida.. This is what concerns me also why they sent the case to miami,fl local office.. I Checked with attorney also he said it is not going to effect the processing of case.

Then its possible.. depending from where GC was filed...

Call them and lets us know what you find out...

Yes, as long as you meet these conditions -

1. You lived in the US for 183+ days in the tax year or

2. You lived in the US for a total of 183+ days in the tax year and the previous two tax years, counting 1/2 of the days for the previous tax year and 1/3rd of the days for the tax year before that one.

You have to select NO if your VISA has expired more than an year back from your future/present appointment date. Your category will come under new Visa. I am in the same boat as yours and when I see availabity, there is none. Dont know what to do.

Thanks..Guys for suggestions....

I wanted to confirm that you complained in DOL while your transfer was pending or once it got completed....My only concern is that my transfer is pending....and if i complain that basted could cook something...?

Any responses will be highly appreciated...

Hello all,

I am not able to get my passport renewed. Indian consulate in Houston said that it will take atleast 4 weeks to get a passport.

Pl help. Can I go ahead and apply for my 485?

Also, would you know anything about copies of affidavits?

Pl reply. I am in serious bind.

Thanks.

You need copies of your passport for 485. Send the copies and then send the passport for renewal. If RFE comes, you will have the new passport by then.
Check with your lawyer, I am sure it is not a big deal. Please consult your lawyer.

Atleast somebody talked abut legals and their problems...Here's the link..

http://www.uschamber.com/issues/lett...sa_program.htm

=================TEXT========================

Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

April 12, 2007

TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:

The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.

Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
Raising the EB cap and exempting specific highly skilled professionals in
sciences, arts, business, and other critical fields from the final allotted number.
Allowing foreign students who have earned advanced degrees from American
universities, as well as from foreign universities, in science, technology,
engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
visa cap numbers.
Designing the H-1B visa cap numbers around a market-based annual adjustment,
rather than an arbitrary fixed number.
The creation of an entire new visa category that would allow STEM students,
studying in the United States on a student visa, to seamlessly transition to a green
card when offered a job.
The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

Sincerely,
R. Bruce Josten

Nayekal, Thanks for your response.

What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.

Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.

Thanks...

Thanks for the update and we are still here to support the efforts of IV.

Prolegalimmi,

Our team is in contact with NPR. Are you working with sunil on this?

Thanks,
Berkeleybee

No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.

I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?

In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?

"Premium GC processing" will work as follows:

Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....

...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!

USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..

Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:

1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability

2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years

3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years

4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA

5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?

6. FP:
Finger Printing at least once (NOT over by 15 months etc..)

7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time

8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)

After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.

Look guys, this is a capitalist country & we have to pay few $$$'s to USCIS instead of spending them on EAD's & AP's extensions for next couple of years (usually instead of year, its turning out to be 8-9 months!)

Do IV core group/IV members wants to amend or add more Base rules, including $$ price for Premium GC processing?

I am sure Dems will consider these options as they have to prove that its NOT nothing doing congress!!

Needs further brain churning to suggest "firm-up" suggestions to Dems/Congress...!!

I will also be attending this meeting. IV members from Tristate area are welcome to join.

Just contributed $100.00. Will contribute more in Future...!


thanks to all the people who made this happen and special thanks to the team who went to Washington for our cause.

Very nice. It looks like we can get married soon!

Thanks four response. Do you have any format to write a letter to Senator or congressman?

I created a letter by myself with detailed explanation of my problem. That included My I-140 and I-485 and my wife details as well. That was not necessary though.

Most senators have their own "PRIVACY ACT RELEASE FORM" on their website. If you call them they will explain you what they need and they will fax you the empty forms. Trust me; they will guide you in the right direction. All you need to do is to call your local Senator office, they are very professional.

My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?

Please suggest

There are several instances when a denial notice was sent, but the website continued to show the status as pending.

So if a denial letter has been received, then the website status means nothing.

Who would get the denial notice? The company or the attorney?
My friend tells me that his company no longer hires that attorney so would it mean that my friend would never actually receive the denial letter.

have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.

I am a software engineer and i do not find my occupation in this list. There is one but it's only for managers. Does it mean i am not eligible by any means ?