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Hi Gurus / Attorneys,

I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.

Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

My Options :

1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

I own a home here and now leaving everything in a week is making me worried.

Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

Thanks in advance for all your help and suggestions !!

Can you try to get the MSA/SOW/PO between the client and vendor for the MTR (or client and your employer)? Sometimes the SOW reads almost like a client letter (with name, job duties, client supervisor name, signed by IT and legal department at client site).

Another option could be to get an email from the client stating that they cannot provide a letter because of company policy AND/OR get a letter from the vendor stating the same and provide the contact information of the supervisor at client location.

Congrats.Can you share who signed your packet and what time it reached NSC? I am just curious whether i will have any luck..to get the RN in next couple of days.
It was signed by R William at 9:30 AM on 07/03/2007.

Thanks all for your help and great inputs. IV has helped me a lot.

I wish you all the best ...

TKs, GG

When did this happen? Why wasn't such a major policy change communicated on the Home Page?!

Is "Bill Pay" option ever going be re-instated?!!

Yes, I think this is absolutely true - infact, I have given myself till 2007 end for that specific reason. If nothing changes by 2007 June/July, I will start looking at Australia, Canada, UK and India (most likely I will go back to India).

I might come back when this country changes, and believe me, it will change, esp. when people from baby-boomer generation retires.

existing thread:

http://immigrationvoice.org/forum/showthread.php?t=19011

All:

My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.

Please continue to post bugs and suggestions.

USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.

I am from Tucson just started my process early November. Anyone from phoenix or tucson?

Just FYI.
Back Feb 08, before going to chennai, I email the US consulate a nogales, Mexico and they did respond that mine was present in the PIMS system. (This might have changed, I don't know)

Later I heard that they were doing it only if one had actually booked an appointment at that consulate. (which can always be done and then cancel, I hard was cheaper to book appointment at US consulates in mex).

The Application for a new passport can be made within 12 months before the expiry of the passport.

http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3

At NY consulate if you can go to the consulate and submit the documents in person you can pick up your new passport within 5 - 7 working days. If you are mailing your documents add the estimated mailing time to the process.

No surprises here...from Murthy Bulletin:


2. Employment-Based Visa Number Predictions

We are often asked by our clients at the Murthy Law Firm to predict the movement of immigrant visa numbers. We have some useful information for MurthyDotCom and MurthyBulletin readers in this regard. Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA), which was attended by several attorneys from our firm. Mr. Oppenheim was kind enough to share his office’s visa number / Visa Bulletin expectations for 2007.

HISTORICAL BACKGROUND OF RETROGRESSION

Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

Employment-Based First Preference / EB1

Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

Mr. Oppenheim explained what he referred to as the “trickling effect” of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

Employment-Based Second Preference / EB2

The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

Employment-Based Third Preference / EB3

No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

Double Dipping

Another problem important to note is one of “doubling dipping” for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

CONCLUSION

We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. [The most recent Visa Bulletin chart is always available to our readers on MurthyDotCom.] The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.

its good to see so many new members these days on the forum.

Welcome.

all new members , please dont forget to contribute some money to IV

http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

we have this forum and all the lobbying efforts only due to the contributions made by members of IV. The work has to continue and we would need funds to extend this effort further. We are still not there yet in our efforts to get the law passed in the house.

members pls. prod your friends to join IV contribute money. Even a small contribution by many will go a long way in our efforts.

So, did you have to redo PERM for the manager's position or did your older PERM fly?
No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.

do you know my employer user name?

Your employer gave you a red mark.

Well, I am not a fake profile. What happened to us is real. That is what the guy told us. He was basing his decision in the fact that the original company which filed for the LC was no longer in business and that they created a new company. Reality is that they only changed the company's name but they still do the same and have same employees. We believe he didn't want to ask his new partner about signing the I-140 petition. That is our guess.

Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.

What ever it is...you need to file I-140 within 180 days of approvel. Its two years and gone.

Applied on July18th NSC , got the receipts, but no update on AP or EAD, No LUD's too ..

No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.


I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.

I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.

Thank you guys for your attention and thanks IV for the good work done so far.
:)

is there any way to get AP for emergency

She must have had any idea before getting married. What was her consideration and how she thought of bringing him here to U.S?

Just one more... :)

Open:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6562.jpg

Closed:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6561.jpg