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  • sixburgh
    08-13 10:46 AM
    History:
    - My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
    - Wife had entered USA on H4 (2005)
    - In July 2007, we both got a chance to apply for 485, EAD and AP
    - Since then I switched to EAD, wife too started working on EAD
    - But my company also kept renewing my H1
    - During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
    - We both received our h1 and h4 notices.
    - Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
    - This is what I did, I got a stamp and entered USA now on H1.
    - Note that my wife continued to remain in USA and worked on EAD.
    - Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
    - Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
    - But once wife gets EAD, she will continue to use it to work.

    Question for fellow IV members :
    By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?

    (My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
    (I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)

    Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".

    Can someone shed some light on this: Am I right or wrong?
    Does this affect her or mine, pending 485/AOS ?





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  • dish
    04-07 06:05 PM
    Backlog Cases:
    Total Received: 363,000+
    Total Completed: 108,000+
    Total Certified: 50,000
    Balance: 255,000
    Full data entry will will be completed by 06/30/2006 as scheduled.

    PERM:
    Total Received: 80,272
    Certified: 36,587
    Denied: 23,305
    Audit: 24,960
    Withdrawn: 1,950

    Now look at the maasive backlog of unprocessed cases in BEC. The Baclog Centers have received more than 363000 LCs and out of it 255000 are still untouched. given this pace they will take at least 5 yrs to finish processing all the applications. and DOL has added a graphic on their website claiming 18 months to go. They are just making FUN of US for yielding to their beaurocracy.





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  • sachisdis
    02-23 07:48 PM
    Hi,
    Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.

    With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.

    My question:
    1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
    2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
    3. The designation & job duties can be the same as that of EB3 or need to be changed.

    Thanks in advance!





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  • chvramana
    04-23 01:57 PM
    I�m in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.

    It would be great if I get answer the below my Question:

    1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
    2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
    3. which one is best choice, like staying with employer B or going back to Employer A.

    Thanks for your help.

    Ram



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  • Mahatma
    02-19 09:01 AM
    Consult a good lawyer.

    Is your spouse a US citizen? Do you want to use I-130 based greencard option?

    After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

    As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

    Your priority should be:

    1. How to avoid this 180 day situation

    2. How to maintain status

    -by EAD only
    -or by H1 (cap or non-cap)

    3. How to attain GC

    -By I-130 only or

    are there other options

    If your spouse is a citizen, usually GC will be done in 1 or 2 years.

    You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

    Again, a good lawyer will be your best advisor.





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  • needhelp!
    05-15 06:22 PM
    co-sponsor = confirmed support, so thats what we want.



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  • snathan
    03-27 12:49 AM
    Hello,

    I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

    " An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    As i can work only 240 days from my I94 expiry date, i can't work after July 2010
    so am planning to go to India to attend the embassy as soon as possible.

    Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

    Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
    clearance is done. I am in fix what to do??.

    Any help is appreciated.

    Thanks in Advance,
    Satya.

    Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.





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  • amslonewolf
    08-15 11:45 PM
    Hi -

    Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?

    I mean, do these guys know what an AP is?

    Is it better to get the H1B stamping done?

    I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..



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  • raj2007
    02-18 07:12 PM
    i did. different lawyers said different thing so i do not know who is right and who is wrong.

    should i make an infopass appointment and idscusss it with them?

    I will better wait for my I-485 approval than taking the risk. Infopass will not help much b/c everything will depend on Port of entry.





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  • satishku_2000
    05-24 10:07 AM
    Here is my case:

    MS (computer engg) in US
    US IT experience more than 6 years
    No TOEFEL ( what native english speaker??)
    Worked in high growth technology/employer (I assume)
    come under STEM
    How many points will i get??


    you may get 100 points it does not matter, We are still going to have country caps ...



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  • pkd666
    02-14 02:05 PM
    Courts in NJ are not all that friendly to the employees in the case of a non-compete issue. I did some research in this regard when i was having trouble with my desi employer. If you were in California, you can just show him the finger, but NJ is different. If you did sign a non-compete agreement then i would suggest you try switching vendors and join the client after a while. but if you did not sign anything, then there is not much the employer can do.





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  • snathan
    01-22 08:25 PM
    I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.

    The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.

    So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?

    Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.

    PS: Check with attorney.



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  • puskeygadha
    07-14 04:43 PM
    there are about 1000 people who are awaiting response from audit
    this also includes non fragemon.





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  • sk2006
    07-05 06:56 PM
    Bull***t!

    What makes you think so?



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  • Libra
    09-14 03:38 PM
    DC ad..........on radio now





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  • BornConfused
    07-03 10:21 AM
    u talk like a kid in class II.

    In the second grade you mean? And yet you're the one using "u" and in lower case letter. Chill and use your sense of humor if you have one.



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  • SR2610
    04-13 04:19 PM
    apart from all above there is a risk in going to Canada or Mexico for stamping. If you dont get visa in Mexico, you need to go back to home country to get visa.
    I just entered 7th year, applied for H1 extension, not sure to go to Canada or wait for trip to Home country :(





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  • superdude
    08-15 02:03 PM
    One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.

    How was he able to file for 485?





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  • ddanait
    02-07 02:48 PM
    Hi
    I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?

    Thx





    manja
    06-29 02:34 PM
    My employer does not pay for dependent health insurance and I want to buy insurance for my wife. Does anyone know of any plan that covers pregnancy? So far I could not find one. I'm living in Texas.

    Thanks.





    obviously
    05-15 09:04 PM
    Folks, I just called and left VM's with all on the list. It is very simple and takes less than 15 minutes in total. If you are someone that is 'shy' or 'afraid', dont worry... you are speaking to an automated voice and leaving a message. Get over those nerves. Helps when you call again and speak with a real person. Remember, they are here to serve us and help us.

    So, please take 15 minutes to call and leave these requests.

    Cheers!



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