ashkam
12-03 04:12 PM
Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?
Refer to this post (http://immigrationvoice.org/forum/showpost.php?p=234403&postcount=24) for a good answer.
Refer to this post (http://immigrationvoice.org/forum/showpost.php?p=234403&postcount=24) for a good answer.
sankar_203
04-01 04:54 PM
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..
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..
softwareguy
07-05 12:14 PM
Pick your battles!!
Battle ONE:
Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.
BENEFITS:
1. My wife can work.
2. My son can get scholarships in college.
3. I can change jobs - so what if it is similar.
Battle TWO:
When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
BTW - Let me know if battle # 2 is easier.
I do not know why is everyone facing "Attention Deficit Disorder".
Battle ONE:
Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.
BENEFITS:
1. My wife can work.
2. My son can get scholarships in college.
3. I can change jobs - so what if it is similar.
Battle TWO:
When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
BTW - Let me know if battle # 2 is easier.
I do not know why is everyone facing "Attention Deficit Disorder".
sreeanne
02-07 07:51 PM
i never filed EAD before but i filed 131 by myself 2 weeks back. its pretty straight forward and i even got receipt notice. make sure you attach all the required proofs along with new fees. thats it.
more...
jonty_11
07-31 01:54 PM
u have to file 140 for ur old labor..once that get approved....u can interfile the approved 140 onto ur pending 485..(filed with PERM labor/140) and request USCIS to use the PD of the old Labor/140...
Confirm with lawyer...
Confirm with lawyer...
monkeyman
10-21 07:44 PM
You have taken a very risky proposition. The best bet is to talk to the lawyer and let him/her handle the situation. You could receive the RFE on 1 and on account of trying to mislead the USCIS may have some issues and could lead to a murky situation.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
more...
rb_248
01-13 02:21 PM
you are a selfish person. you do not care about the rest of the iv community.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
Let us somehow try and push SKIL bill. It almost got to the floor last time.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
Let us somehow try and push SKIL bill. It almost got to the floor last time.
Anysia
03-03 10:08 AM
FYI: Illinois Joint Committee on Administrative Rules, Administrative Code:
Title 68: Professions and Occupations
Chapter VII: Dept of Finacial and Professional Regulation
Subchapter b: Professions and Occupations
Part 1340 Illinois Physical Therapy
Section 1340.20 (a)(2)
Prior to January 1, 2002, the applicant's curriculum shall have a minimum of 120 semester hours which shall include a minimum of 50 semester hours credit in general education and at least the following subject areas in professional education (a minimum of 57 semester hours required)
Section 1340.20 (a)(3)
"Applicants graduating after January 1, 2002 must have a minimum of a master's degree in physical therapy"
Title 68: Professions and Occupations
Chapter VII: Dept of Finacial and Professional Regulation
Subchapter b: Professions and Occupations
Part 1340 Illinois Physical Therapy
Section 1340.20 (a)(2)
Prior to January 1, 2002, the applicant's curriculum shall have a minimum of 120 semester hours which shall include a minimum of 50 semester hours credit in general education and at least the following subject areas in professional education (a minimum of 57 semester hours required)
Section 1340.20 (a)(3)
"Applicants graduating after January 1, 2002 must have a minimum of a master's degree in physical therapy"
more...
harrydr
06-29 08:01 PM
Any more replies/discussion would be very helpful. Thanks.
The main question is, would this affect my current H1B and approved I-140 or would this be a separate case?
The main question is, would this affect my current H1B and approved I-140 or would this be a separate case?
peacocklover
12-14 05:35 PM
In marriage it is common to have differences. When both parties dont yield and stick to their guns, it leads to rifts that may buildup over time and lead to the possibility of divorce. If both of you can clearly site 3 points on why you'd like divorce (articulate), then the problem is solvable.
If one of you is not sure why its happening (either you are too ignorant or you are totally missing other's point), obviously its your problem to know what keeps a marriage going. And if one of you just is hell bent on divorce, just coz "you felt like/were told -- like you deserve more than what you got", that is foolishness.
Young (immatured rather) people are quick to jump into divorce thoughts when things are not going well (when the initial attraction fades). You just hope that they stick around long enough through thick and thin, which will help them to discover the value of the other partner. Grass is always greener on the other side isnt it ? At the same time petty problems (for some people) such as bedroom troubles, can lead to divorces. Extra marital affairs happen often in this situation.
Indian culture makes marriage such a big ritual with so many ties that offers immense support (by social pressures or family obligations..) to fend off these manageable problems.
Take a break, pray god , be open with out any 'EGO', try to share your feelings and understand his feelings with your fresh mind. Also Try to have your respectful elders like your grand parents or your mom or father or his parents or his grand parents at home. Please don't take this worthless decision of divorce quickly unless he is a criminal trying to kill you.. it's very easy to break and very very hard to construct your relationship or very hard to face another relationship, we Indians give top most value to that relationship. Today's Western media which runs on the consumption, influences everybody's thoughts to go for consumption based system which forces to divide families and gain more from it. This is the idea of capitalists to loot from an individual. here is West, this damn media focuses to break the relationships to boost their consumption based economy with out thinking about their future generations.
As a last attempt, Please try to live with your parents for sometime to think fresh and make the decision.
See this video and try to understand what Mr.Venkatesh tells about the west and it's media strategy, think about Goddess Lakshmi what he is talking about in the end of this video .
Global Imbalance - An imminent Dollar Crisis (http://video.google.com/videoplay?docid=4343898391323537541&hl=en)
If one of you is not sure why its happening (either you are too ignorant or you are totally missing other's point), obviously its your problem to know what keeps a marriage going. And if one of you just is hell bent on divorce, just coz "you felt like/were told -- like you deserve more than what you got", that is foolishness.
Young (immatured rather) people are quick to jump into divorce thoughts when things are not going well (when the initial attraction fades). You just hope that they stick around long enough through thick and thin, which will help them to discover the value of the other partner. Grass is always greener on the other side isnt it ? At the same time petty problems (for some people) such as bedroom troubles, can lead to divorces. Extra marital affairs happen often in this situation.
Indian culture makes marriage such a big ritual with so many ties that offers immense support (by social pressures or family obligations..) to fend off these manageable problems.
Take a break, pray god , be open with out any 'EGO', try to share your feelings and understand his feelings with your fresh mind. Also Try to have your respectful elders like your grand parents or your mom or father or his parents or his grand parents at home. Please don't take this worthless decision of divorce quickly unless he is a criminal trying to kill you.. it's very easy to break and very very hard to construct your relationship or very hard to face another relationship, we Indians give top most value to that relationship. Today's Western media which runs on the consumption, influences everybody's thoughts to go for consumption based system which forces to divide families and gain more from it. This is the idea of capitalists to loot from an individual. here is West, this damn media focuses to break the relationships to boost their consumption based economy with out thinking about their future generations.
As a last attempt, Please try to live with your parents for sometime to think fresh and make the decision.
See this video and try to understand what Mr.Venkatesh tells about the west and it's media strategy, think about Goddess Lakshmi what he is talking about in the end of this video .
Global Imbalance - An imminent Dollar Crisis (http://video.google.com/videoplay?docid=4343898391323537541&hl=en)
more...
joydiptac
06-01 04:53 PM
Just provide the information that they have asked for. They are about to make a decision on your case. i.e. Whether to preadjudicate or not.
So that when the numbers are available yours will be ready to send the card. :)
So that when the numbers are available yours will be ready to send the card. :)
ivgclive
12-14 01:30 AM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Extremely sorry to hear that in this forum.
If there are valid reasons (believe me, 99.9% of time they are worthless issues) and you fall in that 0.1% (both of you are aware and willing to go separate), please go to India get it settled.
If you fall in 99.9%, talk to your spouse, take few days off from work, go out alone and get it settled within your home.
As others said, it is an expensive process and headace you don't want to go thru.
For me, I still believe you both can figure out and get back on track before it derails.
If you have kids, young kids, please please please, think 99999 times before you do this. It is worth going thru this pain for them.
If you are 30 years old, just think that its going to be another 20 to 25 years of active family life.
USCIS is creating problems in our everyday life, we take that pain and ready to wait another 20 years for GC, why not for a spouse who is living with us everyday?
Good Luck.
Bottom line : 99.9% time it is WORTHLESS arguments that leads us to get frustrated...
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Extremely sorry to hear that in this forum.
If there are valid reasons (believe me, 99.9% of time they are worthless issues) and you fall in that 0.1% (both of you are aware and willing to go separate), please go to India get it settled.
If you fall in 99.9%, talk to your spouse, take few days off from work, go out alone and get it settled within your home.
As others said, it is an expensive process and headace you don't want to go thru.
For me, I still believe you both can figure out and get back on track before it derails.
If you have kids, young kids, please please please, think 99999 times before you do this. It is worth going thru this pain for them.
If you are 30 years old, just think that its going to be another 20 to 25 years of active family life.
USCIS is creating problems in our everyday life, we take that pain and ready to wait another 20 years for GC, why not for a spouse who is living with us everyday?
Good Luck.
Bottom line : 99.9% time it is WORTHLESS arguments that leads us to get frustrated...
more...
perseus
07-17 01:04 AM
here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
Dhundhun
06-09 02:39 PM
I just spoke to an Immigration Officer about the status of my pending I-485 application using InfoPass, and all she said was "it is waiting for a visa number". She seemed to be very ignorant of general USCIS regs and laws, but she called somebody and this is the answer she came up with.
My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.
Any comments from the wise on this board?
My Understanding:
#1. The Receipt Date has relationship with Processing Date. If Processing Date is not current with respect to Receipt Date, file will not be picked for processing.
#2. When file is picked based on Processing Date and Priority Date is current, USICS asks for a Visa Number from DOS (Department of State). Visa Number is individual specific. USCIS sets Priority Date, but Visa Number is given by DOS and DOS can say USICS to wait, if Visa Numbers are not available.
I am sorry to say that I am still not a wise on this board, but thought, I could comment on it.
My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.
Any comments from the wise on this board?
My Understanding:
#1. The Receipt Date has relationship with Processing Date. If Processing Date is not current with respect to Receipt Date, file will not be picked for processing.
#2. When file is picked based on Processing Date and Priority Date is current, USICS asks for a Visa Number from DOS (Department of State). Visa Number is individual specific. USCIS sets Priority Date, but Visa Number is given by DOS and DOS can say USICS to wait, if Visa Numbers are not available.
I am sorry to say that I am still not a wise on this board, but thought, I could comment on it.
more...
bsbawa10
01-23 06:17 PM
Since Ombudsman invited these. Here is a very big list of them.
1. Transparency: USCIS never releases how many eb1 or eb2 cases are pending so things are so unpredictable, no body can expect the time frame at all.
2. Respect priority dates: There is no logic what so ever in giving green cards to people having priority dates 2006 when the cases with priority dates 2003, 2004 are all pending. Why is priority date even there then ?
3. Email support and some real customer service: Currently customer service is just getting their pay stubs. They just speak whatever is on the website and have no power at all. Why does this type of customer support even have to be their from the tax payers money.
4. Update the cases on the website: Often the cases on the USCIS are not updated and people can bang their heads trying to guess what is happening and customer service is as has been described. For eg. my case shows that my I485 case is in California service center whereas I know that it is in Texas Service Center. I have run from piller to post to get it changed including calling customer service many many times, writing letters to Texas Service center, calling Californa service center and Texas Service Center but to no use at all. Atlast I gave up.
5. Automatic Advance Parole and EAD: Why does USCIS try to increase load for itself ? Is it for making more money or is it to claim that they have a lot of load and then say that they are understaffed? Why not the very fact that I485 is pending should give permission for work as well as permission to reenter the country ?
Thanks.
1. Transparency: USCIS never releases how many eb1 or eb2 cases are pending so things are so unpredictable, no body can expect the time frame at all.
2. Respect priority dates: There is no logic what so ever in giving green cards to people having priority dates 2006 when the cases with priority dates 2003, 2004 are all pending. Why is priority date even there then ?
3. Email support and some real customer service: Currently customer service is just getting their pay stubs. They just speak whatever is on the website and have no power at all. Why does this type of customer support even have to be their from the tax payers money.
4. Update the cases on the website: Often the cases on the USCIS are not updated and people can bang their heads trying to guess what is happening and customer service is as has been described. For eg. my case shows that my I485 case is in California service center whereas I know that it is in Texas Service Center. I have run from piller to post to get it changed including calling customer service many many times, writing letters to Texas Service center, calling Californa service center and Texas Service Center but to no use at all. Atlast I gave up.
5. Automatic Advance Parole and EAD: Why does USCIS try to increase load for itself ? Is it for making more money or is it to claim that they have a lot of load and then say that they are understaffed? Why not the very fact that I485 is pending should give permission for work as well as permission to reenter the country ?
Thanks.
GCBy3000
06-14 05:02 PM
yes it is like that all these years, but atleast now I hope them to use their idle and rusty brain.
There are tons of people with approved 140 with 2006/2007 PD. Even if they process they will not be in the position to grant GC to these people due to lack of visa numbers. So I hope they sort it out and process the applications based on PD.
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
There are tons of people with approved 140 with 2006/2007 PD. Even if they process they will not be in the position to grant GC to these people due to lack of visa numbers. So I hope they sort it out and process the applications based on PD.
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
more...
babu123
05-03 03:05 PM
EB2 Non Premium
I 140 , Date filed: Sep 20, 2006
Date Approved: Oct 4, 2006
Only in 10 business days.
I 140 , Date filed: Sep 20, 2006
Date Approved: Oct 4, 2006
Only in 10 business days.
desi3933
06-25 04:33 PM
>> 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
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
Blog Feeds
02-08 06:10 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).
President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.
There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.
These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)
As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).
President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.
There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.
These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)
adobe howm
07-23 12:10 PM
ya , in ur words agents
as many have replied to you, again I underline this -in the first place you wouldn't have applied two h-1b's - ended some*one*s dream of coming here & work like you.
don't take me wrong. this is your *homework* dude...something you have to do from your part - I would do some little research, check with dudes who are working on either firms, look back their little history. it is important for you just do that. or this is not the place to discuss who is best employer and best place to live. there are numerous forums do exists - you can google it.
All the best.
as many have replied to you, again I underline this -in the first place you wouldn't have applied two h-1b's - ended some*one*s dream of coming here & work like you.
don't take me wrong. this is your *homework* dude...something you have to do from your part - I would do some little research, check with dudes who are working on either firms, look back their little history. it is important for you just do that. or this is not the place to discuss who is best employer and best place to live. there are numerous forums do exists - you can google it.
All the best.
Rb_newsletter
02-22 03:14 PM
just curious. Are you working for a consulting company?
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