Anne Hathaway Catwoman

Hello,
My company's HR rep informed me that my application was selected in this godforsaken lottery. however the validity dates of H1 have been screwed up. they say valid from Oct 1st 2008-Oct 1st 2008.
Now the lawyers are saying hopefully they will correct things before they mail out either the actual recipts or when they issue the visa. If this is not corrected they are going to apply for corrections.
I am a little worried, should they be waiting until the visa arrives or make a move now?
Has anyone faced this issue and if yes any advice on how to correct things.

It could be a typo..it always happens with great uscis...

Wait until you get receipts/actual I-797 approval notice..

Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.

To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.

Hello folks,

i need some expert opinion here. These are my primary details.

COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.

COMPANY B: Bought substitution labor of Feb 2004 EB3.

I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..

ram_ram, I failed to mention that this is my second H-1B, there was a lapse of less than a year between the two H-1Bs, so I guess my current one is considered a "new" one instead of an extension (I could be wrong though).
Why didn't they just give you an I-94 that was valid until Sept 2007, because of it being less than 6 months validity, is that right? Glad it worked out for you :)

tdasara, once again, I hope this is what happens to me as well! Thanks for the response.

Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?

Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.

You are correct. An H4 cannot work in the US if they are getting paid on US payroll. They can work as long as they do NOT get paid in US. They can telecommute for a company in India for all you want, and get paid in India in Indian currency. The H4 holder will have to file taxes in India though.

Thanks for many soothing words on my plight. But everybody is missing the point here. I am not complaining about red dots. It's the filthy language that was used in the comments that I am appalled at.

I guess admins can surely read all the comments that are being posted along with these stupid dots. They should at least expose the person. I mean, IV is a serious web site, isn't it? How can it tolerate such behaviour? In fact IV may be exposing itself to libel if it does not take any action.

Good luck everybody who are able to make it for DC campaign. Rest of IV members will be with you guys in spirit. :)

Hi, I am planning to join tomorrow, please let me know, whats tomorrow schedule and where to come and meet.

My EB2 I-140 is also pending. RD for I-140 is 03-21-2007. I have sent two SR.

Not necessarily. Since GC is for future job, it's not impossible for the employer and the employee to be in different cities.

You better check to see if you are invalidating your entire petition.

You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.

If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.


Thanks a_yaja for UR reply :)

At last I am able to get to the root of the issue. I went to Logan airport and spoke to Immigartion dept people. They have seperate cell called differed inspection for these kind of clarifications.
When I explained the situation they found that the i-94 number in their system is not matching with that of mine. So when SSA is searching the database they were not getting any details. They have issued a new i-94 card to me and asked me to re-submit the request to SSA. Hopefully they will be able to get it this time.

If any one faces similar problems, they may contact immigation dept of Logan at #617-568-1810 option 0 and ask for differed inspections.

Thanks for all your suggestions, have wonderful time:)

We all sincerely appreciate your support & generosity. Keep us updating on immigration news.

Thanks
Srikanth
P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.

I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.

When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.

Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.

I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.

Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).

If you live ourside of US and work for an non-US Company then you are not in H-1B; you will be in Spanish resident visa status. However, on your return to the previous company in the US, you can recepture the time spend in Spain on your H-1B visa.

I would try to explore the remote working options from Spain for the US employer.

There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!

Another struggle with USCIS amidst a lot other... huh? :D

GCNirvana007 - Who filed you PERM? Who provided you with approved I-140? Who filed ur GC? ....company A.............right.............so u have to work for company A and yes u r obligated legally from USCIS perspective to work with them. Don't tell me u don't know this. Going thru GC process, one almost becomes an immigration lawyer so you should know this if u don't already.

Recent H1-B company B has nothing to do with GC.

Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.

Now u r saying something about company C running ur payroll.

Mr.Smuggy - Easy buddy. Relax.

I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?

I got the same response about AP (same RD), approved Oct 17, not received yet.

Please let us know if you receive it. Good luck.

My and my family's APs were approved on Oct 03 (Date issued-according to the NOAs) I received email of approval on Oct 22 and my lawyer received the notification on Oct 25. So be pacient, yours is coming soon.


Good Luck:):):)

I think you should get to the bottom of it.
#1 Get the actual RFE from the lawyer see what is reply by date mentioned there.
#2 Make sure your employer isn't playing games. No one can be expected to divulge financial details to every employee but at least get the extent of changes required. Normally if everything is okay, all that is needed for A2P is Tax documents, Earning statements, W3s, Wage reports.. pretty standard stuff that employer is supposed to have anyways..
If actual return needs to be amended, That may not happen in couple of days, in that case you should work with attorny to see your options abt delayed response etc.
#3 Find out why it was delayed.. who dropped the ball and when!
This is insane, if they don't want to support your application they should just say so..

Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.

I disagree. Who ever is able to file AOS gets associated benefits of EAD/AP/AC21 etc and it never hurts to have these benefits available.

I agree with your last suggestion. I-485 processing should be according to PD.

Are you considering actually stopping people from creating something in AS1? As you probably know anyway, AS2 is compiled to AS1 anyway, so a decision to limit entrants to only AS2 and AS3 would be totally arbitrary. :P

Besides, most people who claim to be using AS2 just use AS1 with type annotations…

Anyway, thanks for clarifying the background options. :)

AB1275, an update on your case? How did the MTR go??? Please provide more details and update.