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I came to US through CompanyA on L1A Visa 4 months back. My L1A Visa is valid till Mar-09. I had applied for the H1B Visa when I was in India. I got the H1B Visa and now has a valid petition effective Oct-07.
I would like to know the following.
Can I join the Company B from Company A without going back to India after Oct-07?

Guys,

I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.

If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.

Thanks,

I will try to dig out the actual memo. But this is from the oh law firm page:
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06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
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again no one can explain the ridiculous date movements by DOS...so there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)

Also Could me in..

If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?

For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?

You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.

You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.

retrohatao,

We're asking for transparency and increase in efficiency in all of USCIS operations including Name Check.

Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
Source please... or are you just kidding ?

Yes - thats the irony.... we can only guess USCIS should be working correctly... but no one is there to question them about there bad working...

i am also hoping and guessing USCIS should do there work correctly even after knowing that there will again be some visa numbers wasted in the drain.....

useless CIS.....

I would recommend each and everyone...be it a believer or a non-believer..
to read the book by Richard Dawkins: The God Delusion..

If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...

You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!

wow!!! Among the most divisive debate if ever I have seen one on IV.

Without offering my opinion on the topic at hand (divide and rule), I think "some" (not all or even most) of the members posting need to take a step back and see how hurtful their posts on this topic are getting to be. Some posts seem to have subtle racial bias and the ones in response seem to read too much into them too.

Guys, try not to post reactive or even respond to posts that are purely personal. I for one feel that this thread really doesn't do anyone any good and though Canuck's reason might have been more noble, it clearly is inducing normally clear headed individuals to get angry :-)


We all agree in general that EB process is a mess and working together we are trying to fix it. Certainly each of us have our preference in 'how' it should be fixed. However the IV core has goals based on broadly accepted potential fixes...lets support those and keep the infighting to a minimum...

GO IV

that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....

wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.

To answer the original questions only two options.

1) depart and reeneter using L1
2) apply for COS (but a long process)

In case of a dependant 485 there is no requirement to be paid on EAD.

For AOS status, there is no requirement for person to be paid on EAD. It does not matter whether I-485 is for primary or dependent beneficiary.

____________________
Not a legal advice.
US Citizen of Indian Origin

Now a days this has become a fashion to bash Hinduism and people take pride in doing so just to make a point to prove that they are very secular and far sighted and very broad minded but infact these are the people who are pseudo-secular and the reason for majority Hindus in our own country being held hostage by the policticians and the largest minority community in india.....
I've seen this many times that any hindu who speaks their mind and strong believers in their religion will be tagged as fundamentalists and rss supporters where as I have nothing to do with any religious groups but I am proud of my RELIGION and it does hurt me when I see my religion/gods depicted in a bad way. If you are a aethist then just shutup but don't bash Hindu religion and I am sure that all the guys who tried to do so dont have balls to bash other religions coz they know the conseqences of it and I am sure these religious bashing people are the one who'd visit temple to get their greencards but don't accept it either becoz they are hypocrates or ashamed of their own religion......

You hit the nail on the head. I definitely agree that opposing the hindu religion has become a fashion statement especially in the so called highly educated highly skilled community. If you don't like hinduism, keep your mouth shut and convert yourself to the other liberal religions out there.

Hi All,

Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.

My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.


If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.

Stock market is beaten in all the way...People who put money in the market and if they dont look their protofolios next day , their money completely wipes off irrespective of any branded stocks they own!!! Entire world is going down in that US economy is centric part.Even bill gates may become next minute beggar here!!!

Indians who worked over here for long times from 8 to 10 years who earn in lakhs are worth less than a petty shop owner in india finacially. Because they put money in lawyers,travel,housing, stocks, bonds,401k which all become worthless.

Our dreams for coming here are to earn good money . Earnt it but we lost it without even knowing we lost it !!!!

willgetgc2005,
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.

Please add this as the one of the hot issues to help one and all.

My guess is that except for the early years (2001, maybe 2002), EB-2 timelines will be almost identical to EB-3.

Supporting reasons are -

1. As things stand today, EB-2 differs from EB-3 only in the amount of wages required when filing the petition.

2. EB-3 filers will naturally earn more money with experience and file fresh for EB-2 when they can.

Other things such as qualifications and 5 years of experience are easily obtained and not relevant with such long timelines.

Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
Lawyer may be more knowledgable, but here is pointer to User Manual.

http://www.brother-usa.com/ModelDocuments/Consumer/Users%20Manual/UM_MFC_9840CDW_EN_1034.PDF

Read page number 106 (Legal limitations for copying).

After reading manaul and knowing that kinko prohibits such copying, there is some fact in it. It may happen that color copies of documents in some countries are not allowed, but for some other countries, they are allowed. I am an engineer and I don't have more information (pointer to sections of legal books).

Since I make copies at home, I follow user manual information. If my Lawyer asks such thing, I would show him the information and ask for clerification. If he overides, by give me clauses and sections, I would't hesitate for him. Laws keeps on changing.

This talks about passport: http://www.ehow.com/how_2038717_plan-any-type-trip.html
This talks about drivers licence in NC: http://ncsu.edu/student_affairs/legal_services/faqs/alcohol-laws.php

There is some discussion here http://boards.immigration.com/showthread.php?t=129660

Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

Sir, are you a US citizen?

I said, No

Then, he asked me, can I see your immigration documents.

I have shown my passport to the police officer.

He looked at H1-B visa and I-94 and asked me; who do you work for?

I said my employer�s name.

Later, he gave me my passport back.

Now,

I have asked the Police Officer few questions

1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

2. What would you have done to me, if I had failed to present my passport?

Police office said, I could have DEPORTED you.

3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

Police office said, No. Technically, you must carry original documents at all times.

I would advice you to carry Passport at all times.

I did not know this until Police Officer told me about this LAW.

P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.

Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)

As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!

I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.