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maharshijb

05-04 12:06 PM

I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..


Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?

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snathan

05-12 07:05 PM

My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

Thanks

Nope...you can not.

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REMIX (Jamaican Swagga)

mhkumar

03-25 02:31 PM

serach for immigration

This is a good question

"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget

Yes, very good question. Everyone vote for this question.

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2011 High School Jamaica, NY,

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rajuseattle

08-30 01:42 AM

R u working for a desi bodyshop who may have been on the blacklist of USCIS?

Usually for I-485 stage USCIS looks for last 5 yrs of employment an the latest I-94 and TAX return for past 3 yrs.

Who filed your I-485, if its attorney then he may not have provided the required evidence for your current immigration status.

Whats your I-140 status?

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askreddy

08-16 05:03 PM

Hi

What is your Received and Notice dates for 485.Just checking is this related topre adjuducation process.

Thanks

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lord_labaku

04-14 12:34 AM

it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.

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md2003

08-30 01:06 PM

Just show whatever w2's and paystubs you have . Later on if you get another RFE saying that they need 1999 w2's etc.. then you can always tell them you don't have. No need to lie.

As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.

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Anderson,Ester,Luciano e Lucas

ilikekilo

01-08 04:04 PM

I think H1B quota should be decreased because lots of people available with no jobs in the market, it looks like survival of fittest, even person with good skill set not getting job immediately due to new new consulting company coming into market doing irregular things like less rates etc etc�����. to survive themselves.


kinda agree with u on this

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pamposh

09-15 03:42 PM

Just doesnt make sense at all.
Even EB1 is way behind EB2.
Maybe they are being sadist and trying to divide n rule.

I don't think they are going to have any success in that. They have been building our stamina for this kind of stuff for a long time now.. and as sad as it gets but the fact is it just made me laugh so hard....coz this is just plain "impossible" and can not be true... they can't get this efficient, it is against their policy :eek:

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they have been marked down

kirupa

10-12 10:07 PM

Oh, I made them out of your PSD file :)

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Born in the Island of Jamaica,

coolpal

03-27 12:33 PM

Hi,

I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

Any productive feedback is highly appreciated...

pal :)

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hoolahoous

09-15 07:02 PM

you can go to a nice restaurant with friends AND donate some money to Sankara Eye foundation (they do eye operations for poor in India and send you the name and contact info of the person who benefited from your donation)..

that's what I did when I got greened.. :)

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sk2006

08-19 01:34 PM

Intehan,
Thanks.

IV is great..

There are a few suckers who gave me red dots for this post.
This was my first post and I dont think I wrote anything offending.

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cheg

08-30 08:53 PM

Congratulations!!! Celebrate! :D

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GC_Applicant

07-31 01:54 PM

Is your approved PERM (I-140/I-485 applied based on that PERM) and your earlier LC (in BEC) are from the same employer??

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According to the Jamaica

krishna_brc

02-09 04:22 PM

Hi,
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.

THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country

In the below link find the site/airport closest to your current address.

http://www.cbp.gov/xp/cgov/toolbox/c...ed_inspection/

Call up the phone number in the link and fix an appointment.
Go with Old Passport, new passport and all visa documents and I -94

Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.

Thanks,
Krishna

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jay75

08-04 12:55 PM

EB3 I - I140 pending , applied on 8/9/2007...sorry for the typo from the subject

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vkotval

07-17 11:43 PM

I agree with file485. Blocking the channel is not the answer. Lets put our efforts in getting as many signatures as possible for the petition.

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bodhi_tree

12-15 11:20 AM

I think I'll try to find a knowledgeable lawyer who's not too snooty. Someone better than my current company's lawyer who happens to think all information to me should be provided only on a need to know basis..I am in Cincinnati Ohio so please recommend if you know any good names..

I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou

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justAnotherFile

07-11 09:18 PM

this is not a published article.
He has just taken the issue you emailed him, verbatim and posted it as an alert on this board. NO claims or copyrights on the verbiage.
so I guess it is ok.

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smartboy75

05-25 05:53 PM

Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.

Source: www.immigration-law.com

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