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Lets forget about Company B.I understand his question is whether he could join company A.

ok to answer your question

I would recommend you to goto www.allexperts.com.
Click "News/Issues"
under Government click "immigration issues"
In the window click immigration issues.

I would recommend Ajay Arora or Ramasamy.If they are online when you access post this question there.U will get a reply within 3 days.A clear solution.....

In my opinion I think you are okay to join company A subject to the following

1.Since when you left University.
2.Did u have an I94 attached with your company A approval notice?

Hope this helps.

Don't be offended by these RFE's. USCIS officers are just doing what they were told to do (doing their job).

I understand that the marriage ties of Indians are very strong. But we are in America, and the proof they are asking is to show that the marriage is still in good trust (a marriage certificate is not enough proof for that).

Same with birth certificate. Americans are used to giving extreme importance to birth certificates, and in India, we never had to use birth certificate as a supporting documentation. So when you don't have a birth certificate, or when the birth certificate was issues recently, they are asking for secondary documentation.

In the rfe I received both for my wife and myself I was asked to resubmit affidavit with full names of the parents. Also was asked to produce bonafide marriage documents. It is very stressful. I could not believe why I need to provide bonafied marriage document. If I am not married to my wife, how she got her H4? I could not believe my birth certificate is haunting me this way. Any of our school records mentions mother and father names. I am going to produce affidavit again with full names and try my luck again.

I am working on EAD which expires on 10th Septempber 2008. I filed for my EAD on 25th June, 2008 and with the current processing dates at Nebraska, my guess is that I wont recieve my EAD until later September/early October.

Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?

My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.

I would really appreciate your advice on this.

guys have a question for u..
i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...

You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.

Hello,

2 Alternatives as I see:

1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?

2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?

In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?




If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.

The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.

Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.

Here is what Bill Gates said last year testifying to the congress -

"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."

Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx

Welcome to the club buddy, we are going to be in these forums to long many years.

Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??

Yes this is discussion forum but we have Job to get it done through our members. if members doesn't help us financially then we are loosing our edge. Nothing is free here (America), all actions are cost associated with it just calling senator or writing letter is just part of action.we need to convince our fellow member to contribute financially like donating money for good cause.Thanks

Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...

I changed my address using online AR11 on friday May 1st. I checked my case portfolio next day and saw a soft LUD on my I 485 application. Same with my wife. I think it is always better to get the address change done in the system because later it can be a big headache to solve. I will update forum if I hear anything from CIS.

Any other ideas/suggestions friends?

Well Said.

Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!

elanegeng and curiosity_76 welcome to Alabama state chapter. Nice to know that there are people in alabama stuck in retro. For a while I was getting alone in here :). I am in Huntsville. Where are you in bama curiosity_76?

Lets stay in touch. We can share our contact information so that we can get in touch with others when we have to meet lawmakers or other important events.

^^^^^bump^^^^

Hi,

I am in a similar situation. I am in US on B1 visa and accidently damaged my passport.

Both my passport and I-94 are mutilated. Duplicate passport takes 6-8 weeks and I-102 takes close to 3 months.

What should I do? My exit date as per I-94 is Aug,25th.

Vinay,
Can you please tell me how did you manage to get duplicate passport in such a short time?

Regards,
Gaurav Kapoor

Correct me if I am wrong but isn't that Roberto guy in the program an illegal who used 245i to get his GC? Sounds like he got his GC long before this retrogression hit, so did he skip LCA phase and went straight into 140/485?

I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.



Thanks...

I think it is not fully functional yet. When I search on Country it results in nothing. Good start it is.

jack_suv, nice post and a good start.

I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):

1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.

2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).

3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)

I went to Vancouver consulate in Jun 2006 and had very good experience. My appointment was at 8.00 am and I was out of the consulate by 9.00 am. The officer asked me which company I work for and my job description. No questions were asked to my wife. I have also been to Toronto and Montreal consulates in last 3 years for the visa stamping; however Vancouver staff was most friendly. I got my passport the next day.
However as the process has changed recently, it might take longer to get the passports back. Please don't carry anything other than your wallet and documents and that too in a folder; NOT a bag. In case they don't let you in, there's a small cafe on the opposite side of the road. You can pay some money to the guy or buy something later and he would allow to keep your stuff there.

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.

Hello,
Forum Gurus, i have a basic question. Currently i'm employed by a corporation and working full time for them under H1B. Now, i want to work for additional company as part time (approx. 20 hrs/week). This company cannot give me cash but only check. Is it possible to file additional H1B just for this company and start working for them under this new H1B?

My current status is: H1B approved with current company and I-140 approved.

Also, if the answer to my question above is yes, then could this affect my current H1B and approved I-140 in any ways. Thanks in advance.