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Hi sk.aggarwal,
How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?

This website is for immigration issues only. Please dont hate me now.


I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.

Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates

We received the RFE letter on my pending I-140.

I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.

Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates

Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?

=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.

Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====

CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.

If this bill was introduced, we need to meet with lawmaker offices and put pressure on them. Our responsibility is to do our part and leave the outcome to prayers, But not even trying should not be an option. What are we going to loose?

Yes EB situation is so bad that there is nothing to lose

Group:

Please vote this poll. I am ready to any kind of support. We have to do something for EB3.

I am surprised you didnt get your GC around july,2007. are you stuck in namecheck?. Nope, I took an Infopass appointment in august 2007 and they informed me namecheck was clear and now I just need to wait for the case to be processed. Then the priority date retroregressed again until March. I've asked my employer's immigration lawyers to check on the status. Status due in 45 days !

I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,

You have multiple options.

1> Just keep the money with your old company. This is possible if the balance is above 5K.
You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.

2> Shift the money to a new/exsisting IRA.

Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
If you don't deposit within specific time period then you would incur tax and 10% penalty.

-GCisaDawg

EB3-PD Jul 02
LC Approved Jan 07
I-140 Pending since March 07

Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.

Thanks!

The original quote: puts the priorities of illegals above those of Citizens and legal people

There is no allowance for "illegals" in the legal system. They are basically tarring roofs and picking crops with no government protection for their safety etc. The crap jobs are always the worst for this sort of thing. And since they are "exploitable" it is essentially a subsidy for business to hire them.

Is there *any* case where an "illegal" has superior rights to a Citizen? I don't think so. The statement is nonsense.

....gC ka mousamm aa gya....

For Postmortem, I think we should focus on one thing, how did that number 90,000 for reducing backlong of EB visas got into the bill in the first place? For illegal workers they did it by percentage to eliminate the backlog in 5 years. Why wasn't something similar done for EB visas?

I am going to devote a considerable amount of effort in trying to figure that out so that when a similar bill comes around the next time, we know what's going on.

On another note, I was surprised that how little support we got from the Indian-American community (if I am wrong in assuming this, then correct me)! Bill Gates supported our cause, Intel supported our cause, Google supported our cause; but the huge number of Indian-American tech entrepreanuers in the US? Organizations like TIE? I am not sure if the IV core team tried to solicit any help from them or not but I thought their support was deafening.

SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________

1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

� However, there MUST be an approved I-140 to access this benefit.

� This benefit does not apply to dependents who have reached 21.

2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

(b) 365 days or more have passed since the filing of an EB immigrant visa petition.

� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

Where are the winners posted? It's already 11th !
Remember the time zones. The contested only ended 7 hours ago (think I did that math right).

Plus voting just started for the Judges. They will submit their votes for the top entries (usually top 10) and then the community will vote in the poll shortly after.

I have this basic question. How would USCIS know that he had used EAD for the second job? As far as I know, the information submitted in I-9 doesn’t go to USCIS. During the H1 extension if he submits W2’s, Paystubs and all documents from the H1 employer alone, wouldn’t it get approved? Can anyone clarify this?

good question. i guess you were thinking we both were on AOS stage.

only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.

hope this explains. thanks.

Yes, that explains it. Okay, now that your spouse is here how do you add her to your 485? What happens to her H4 when your 485 is approved? I am asking because someone I know is in same situation.
I guess the question I am trying to ask is, is there a way to have an addendum to a 485 after submission?

Hi all,

I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.

When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).

Did anyone get an appointment successfully ?

The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.

Can anyone please help me out and guide me through the process.

Thanks in advance

Amul

Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com
Please post this info for ALL international students.

You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.

Yeah question is what defines employment with them?

H1-B amendment how many days it will take because my opt is going to expire in the month of december.

To get the h-1b appoval i have waited like 6 months.So how many days it will take for h1-b amendment?

If it got rejected while processing under h1-b amendment then what do i need to do to stay in the usa?

Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.

why your co-workers 140 was denied. Is it sub labour or she is the primary ?.

Thanks