Anne Hathaway Catwoman

>> 1. What was your original I-94 date before H-1B amendment was filed by Company A?
September 30 2009
>> 2. What was amendment for?
amendment is for change in annual salary
>> 3. Why H-1B amendment was denied?
The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.

Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.

If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.

>> Can I work after Company B files MTR?
No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.

I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.

Good Luck.


_______________________
Not a legal advice.
US citizen of Indian origin

I was reading some latest info about I140 & I140 Premium Processing at
http://www.murthy.com/bulletin.html

it stated

In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).

So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:

Anyone knows?

Thanks..

I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:

Congratulations man!

now here is the stream of questions :)

Your Service Center?
GC approved with Priority date April 2001 or Dec 2004?

485 was for underlying labor PD of Dec 2004.

I had applied for different labor (different employee and different job) in April 2001 but that case went nowhere and had to apply for new one in Dec 04 without the possibility of transferring the earlier PD.

Email VFS with your question. Everytime I have emailed them, they have replied back within 24 hrs.

Just curious, why do you want to use the special category? Book your appointment through the normal procedure as there a lot of dates available.

I just booked my dates online some 2-3 weeks back and after filling in all the forms they automatically put a note on the DS156 form that said "Visa Renewal". I already have a H-1 and am going to get my 2nd H-1 stamped.

Hope this helps.

VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).

All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)

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

its not 800,000 its around 190,000 for all EB1,2,3
look at here May 2010 data
USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)

that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....

lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?


No..you can file later based on pending 485 but why you want to wait to save some bucks.

Done..

EB3-I, PD: Dec2003

Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.

Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.

When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do.

When you change your address online(using AR-11 form) , you don't have to send any docs to USCIS.

Back in the old days when there weren't as many IV members, people thought twice before giving a red dot to anyone. Now it has become kind of a fashion. You can get a red dot for asking questions someone thinks has already been asked or for asking simple questions which someone thinks that you should know or if you don't agree with someone's viewpoint etc etc. You might get a red dot if someone doesn't like your handle :D (I hope this is not true)

After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.

It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D

so now people give red dots just for asking a question about EB3...where is ACLU:D

what is the Alien Registration Number (A#) for a person on H4, while submitting 485 forms?.

Should we use the Alien Registration Number (A#) of the Sponcering applicant as the Alien Registration Number of the spouse in all the 485 related forms(g325a, I485 etc) ?

My H1 filed & approved thorugh company A from October 2004.

H1 then transferred to company B & approved from Nov 2005.

My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.

My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.

Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.

In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.

At this point, my questions are:

1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?

2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?

The reason I want to get my old I-140 to be approved so that I can retain my old priority date.

Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...

Thank You in advance...

The RFE on the H1 will not have a negative effect on the GC as long as the employer and the job offer are legitimate. Yes, you can premium process your I-140. Effective June 29, 2009, USCIS will resume Premium Processing Service for I-140 forms.

Dakshini R. Sen,
Attorney at Law
212-242-1677
713-278-1677

Google search on Portability with I-140 in "Approvable" condition.

That is your solution, incase you have to change employers before I-140 and 485 are approved, with 180 days passed.

Goodluck

what sucks?
the page?? (i didnt even finished it :()
or what they did to me ( yeah, that sucks) :(

and i was only going to recieve 200 dlls for that page, i know it WAS my first job , but i've learned the lesson and i'm going to ask the first half of the price at the begining and the other half at the end :evil:

the only thing makes me happy is that i almost make my 100th post :cowboy: :P

Even though, i have everything ready, I will send my docs next week. No need to get into panic gear. If the dates retrogress, screw GC, if not well and good. Honestly, I am sick and tired of this bloody GC. I have far more things to worry about in life than if f***ing GC business. Screw you USCIS:mad: :mad:

Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?

Thanks.

My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?

In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:


My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.

...I like the attitude :)

i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
so dream on..

If i am on H1 and am the prinicipal applicant ; what is my A# number?
Is it the number on I94?

assume I140 is pending