Anne Hathaway Catwoman

Dear Experts and Attorneys:
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.

These are just my views. Please do not take them as is. Check with an attorney.

1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.

2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him

3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.

4. 2 weeks without a job may not be that big of an issue.


Again, these are my personal views. Your attorney can explain things much more concretely.

Good luck.

I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.

I called customer service and was transfered to second level were I had to deal with a rude lady. I explained her my situation and her response was that, as its been 30 days it might have lost in mail and said, I have to apply for new AP with the fees again. i insisted to provide me with tracking number and asked for her manager for which she hanged out the phone on me. this how rude she was, it is such a shame on part of USCIS.

may be I will wait for more week and if it doesn't show up, will apply for new one. this is what you get for dealing with USCIS:mad:

i think the problem he is trying to explain is:

salary per year = 100000
salary per month = 100000/12 = 8333.33
payroll should run on = 8333.33
taxes to be calculated on = 8333.33

payroll ran on = 5800
taxes calculated on = 5800

21stIcon is this what you want to convey? let us know to understand better and beware of this company.

wow nice spalsh page...:)

So wot can u do with pixel stretching? stretch pixels?

When we went for our Biometrics, all our FP Notices were misspelled. We informed the bio technician and she corrected on their system there itself.
After the FP, I see there is an LUD also. I am hoping today's infopass meeting would be fruitful. Let's hope they just certifiy my EAD and AP there itself. :)


My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.

Great work IV core team! EB immigration will be benefited by the work done by IV core team sooner or later. Keep it up!!

One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.

Just a thought,

I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.

I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.

What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?

It is not possible to get the stamping on company "B" if you have H1 from company "A".



You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.

so assuming all goes well i would be protected from deportation from the time of filing until decisions are made?

No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________

I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
No only primary applicant can extend their H-1 spouses beyond six who are on H-1B are "forced" to convert to H-4 :mad: :mad:

Is it DHL courier service?

I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says

Status: Notice Left

We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.

The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041

Any clue what may be going on - this is another round of fun :confused:

I applied in July, RD Jul 2nd. TSC

Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.

I had a friend who was in the same situation as you. Being a nice guy, he waited till they got GC. Then divorced.
Poor fellow then remarried to a Desi girl after being pressurized by parents on a trip to India.
He soon realized that he had no hope of being able to get her here anytime soon. He tried to get her on a H1. That did not work out I don't know the exact detail how that got rejected(she is also an engineer). He then got really creative he brought her to Canada then worked the week in US and spent the weekend in Canada. After doing this for some time the Canadian Authorities figured it out and cancelled his Canadian work visa. Long story short, now he stays 6 months in US the other 6 in India with his wife. He has applied for GC for her. Unless President Obama does something he will keep living half life for a long time.

So the point is, if you are decided then waiting might increase your pain in the long run... On the other hand if you are not so sure, then give yourself some time and see if the issues that you may be having sort out. It is sometimes worth going to a marriage counsellor when you weigh in the loss that you both are about to incur, not to mention the mental trauma. All the best buddy.

B'Informed... B'Entertained...B'Khush
www.bkhush.com

hi ashkam,

what is the best way to get Transit VISA?

i have only 2 hours between connecting flights. need to get it here in US?

thx

I'm not sure if you require a transit visa if you're traveling from the US to India and if you have an Indian passport. But you need to double check. If you're traveling from India to the US, you can get it in 5 business days. You have to submit your application in any one of the vfs (http://www.vfs-uk-in.com/) offices in India. You could probably get it from the US too, I guess but I am not sure how you would go about doing it.

Please share about the discussion. Unfortunately I am unable to watch it due to proxy firewall.

^^^^ sounds like good news, I'm happy for you:)

Hello,

I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.

Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.

My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?

Please advise.

I'm aware of the fact the SKIL Bill has been introduced both in the House and the Senate but it has been coupled with the CIR in the Senate.

If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?

If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.

This scenario concerns me.

When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.

Thank you!

Thanks for all the help. I will surely look into the link.

Guy, we can send a small hand written card to our senators and to QGA(if we are thankful enough). Thi is what I'm going to do:cool:

Would it be a good idea to create and send webfax to QGA and the Senators & their staff?

All the members, keep the contributions coming...we have a huge task ahead to get it through the House.

Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.

I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.

What all documents are needed in this case to port the I-140 provided the job description stays the same and in the same category code.

We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??