Rabu, 29 Juni 2011

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  • dog123
    01-11 03:50 PM
    Hi,

    My Priority date is May 02 2007.

    I file 485 and 140 in August.

    My Grandfather is a US citizen. He filed immigration petition for my Dad in 1996 and I was part of it. Before priority date become current I was age out.

    Can I port my Earlier(Family Base) PD to new application(Employment Base) ?

    Thank you,
    Rashesh





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  • jsb
    08-27 11:08 AM
    I just got off the phone with a second level rep at USCIS and am getting really confused with their mixed messaged. before i push any panic buttons can some one please let me know if they had any conversations with the idiotic bunch at uscis and share your conversations with regards to the visa availability for next month. this idiot states that vsc just oversubscribed and that it could be that there wont be any movement on the cases. all this over enthusiasm for nothing - that would really infuriate me. there is a limit to the fuss they can cause and play with emotions.

    Let us look at it positively. Sept dates are already published. Therefore, centers are now free to assign visas for cases they may have already preadjudicated, but wait for issuing approvals until September. It is quite possible that all the visas available have already been assigned to these preadjudicated cases, and they are now just waiting for September to come so that they can issue formal approvals





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  • gtg506p
    10-26 09:18 AM
    Hi,
    I will file for my 485 this week. Next week I leave for India for 2 weeks. With the frontlog I wont get my 485 receipt this week. I have valid H1B. When I enter without 485 receipt will that be a problem? Will my 485 be abandoned in case there is problem? Please advice. Thanks.
    gtg506p





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  • desi3933
    02-24 11:49 AM
    I mean (employer) not me..:)

    OK.

    Does employer has full time job for her?
    Who is paying for H1 fees?
    Will employer pay full LCA wages on bench time?



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  • raysaikat
    07-08 10:39 PM
    but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.

    Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.





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  • snathan
    09-18 11:31 PM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble

    Most of the time its scaring tactics. Anyway you dont have much option here. Go ahead and secure your status first. Then hire an attorney and face Company A legally whatever comes...



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  • ssdtm
    11-30 04:38 PM
    - My friend has not been paid by his current employer. So no pay-stubs what so ever
    That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.

    - He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
    This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.

    What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?

    The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.

    But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.

    But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.





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  • contact.vr
    12-01 12:01 AM
    I'm trying to do H1 transfer but my case has some complications and henc am worried if I should go forward or stick with my current company though they are sucking my blood outright.

    1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?

    2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?



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  • stephsh
    01-20 08:32 AM
    I solved it :)





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  • ruby
    09-24 02:10 PM
    My sub-labor was approved and my lawyer used it for I-485- but it is for EB3. My original I-140 was for EB2, which was approved before my EB3 I140 was approved. Now my lawyer doesn't want to interfile.



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  • rajuseattle
    06-04 12:46 PM
    shruthi07,

    Which state you are working in? If USCIS thinks Nebraska Service centre has the jurisdication for your I-485 based on Job location then their is nothing to worry.

    Maybe your PD is current and USCIS wants to complete processing of your I-485.

    I am in the same situation, my I-140 was approved from TSC about 3 months back in March 2008, and I-485 pending at NSC since august 2007. I work out of WA state.





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  • immigal
    08-13 06:26 PM
    Called USCIS.
    Current Immigration status will be same as what u entered US on. SO H1B for me..

    Hope this helps more people trying to find this answer.



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  • andyvillapark
    08-18 07:12 PM
    I finished my three years residency on H1B visa and am currently working as a chief resident in my program on h1b visa extension which is valid till June 2011. My H1b visa was cap exempt as its a not for profit hospital affiliated with the university.
    The CEO of the hospital recently told me that they are very interested in retaining me in their hospital. But one month back my hospital was purchased by a for profit group though the residency program was retained by not for profit group , and hospital is now for profit.My question to you is-
    1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
    2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
    3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application





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  • mbawa2574
    07-30 06:41 PM
    I am ready to Volunteer.



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  • ebizash
    02-17 11:15 AM
    we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children

    Actually I think that special treatment may be for all H1-b renewals. When we went for our stamping 3 years ago at Delhi, at the outside window they stamped our passport with "green" sticker or something like that and when we entered the hall at the FP window, they said you don't need to stand in line and we were taken directly to AO. We did not have children and it was my 2nd H1 renewal stamping and my wife's first H4 renewal stamping.





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  • hsadan
    09-30 10:25 AM
    that wouldn't be too original, would it? ;)



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  • diptam
    07-09 08:21 PM
    I also saw the Murthy Post just now.... AILA needs plaintiffs...

    What happened to their own plaintiffs - even couple of days back they
    said that they more than sufficent plaintiffs...

    Are you guys filling up PLAINTOFF form ? The problem is that AILA /AILF
    is a blackbox ... You can see that they are exchanging emails but cant read the content of email... ONLY FOR MEMBERS :mad:

    Both
    http://www.aila.org/
    and
    http://www.murthy.com/

    confirm that AILF needs more Plaintiffs !





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  • gcsharma
    09-30 12:53 PM
    I'm currently working for Company A on H1B Visa. My GC is sponsored through Company B as a future employee. I never worked for Company B which has sponsored for my GC. I have applied for I485 and I140 has been approved for more than 6 months.

    Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.

    Can i apply for H1B extension through Company A based on my I-140 from Company B.





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  • pinganand
    07-07 12:05 PM
    Thanks for your response.

    As per Indian law, my spouse's father should have also published her name change with the Gazette. That was not done.

    Indian Law: how to change my name legally, general administration department, gazette notification (http://en.allexperts.com/q/Indian-Law-1798/change-name-legally.htm)

    We are thinking of filing the documents we have while working on getting the additional gazette documents.





    javacool2008
    07-18 01:23 PM
    My lawyer is talking about that I need to watch the visa bulletin board again?
    I am EB3, China.
    I don't understand if the USCIS accpted my forms, why am I still need to watch the board.

    If I got my recipts after 30 days. What happens then?





    PDOCT05
    11-19 12:30 PM
    Congrats man...what date did you do the resubmit?



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