Mentol Blog's

My employer refuses to give my copy of approve LC.

I had MS + 1.5 yrs of exp.

So not sure if they had exp in the job description as I dont see any job that requires MS + 1 yr of exp.

I am willing to take the risk.

I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

1) Is it safe to change one's residence(different state) ?

2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

Thanks
Funny that you're talking about moving and I thought about my life for a moment and here it is :

I was supposed to move couple of months ago to Stamford, CT (ninety miles form where I live and work now) but decided to stay after the July bulletin became current.I informed the apt mgmt that I want to extend the lease .

I didnt want to move after hearing horror stories from folks who did(Some of them did not get the FP notices, receipts and all that stuff).

Then sent in all the papers on July 2nd. USCIS came out and said we are not going to accept. I waited for a week. Nothing was happening so decided to move by the end of August.Called in the Mgmt and informed that I will move out by the end of August.

The came July 17th , when USCIS reversed their decision to accept. I called in the mgmt and told them some excuse and ask them to extend the lease by another month. Never ending uncertainity continues......

This is my story folks.Some may want to know Why I want to move, My wife got her project in jersey city and we decided that living in Stamford,CT would be half way for each of us and that was the only way we could live together. 90 miles drive each way for me and 11/2 hr each way for her .
End of the day, thats what matters.

Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.

Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).

You must also look at the "actual wage."

I have answered that question many time on this forum. USCIS, lawyers and other forum guests have not been able to answer the question of what happens to an H1 extension when the underlining I140 is revoked. So I guess the H1 is not revoked.

That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?

I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.

No you can't

hi ggc,
when did you received a I-485 interview letter. Is your PD is Aug 06? What was the outcome of the interview.
Thanks

We received the RFE letter on my pending I-140.

I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.

Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates

Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?

=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.

Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====

do a google search on this term you will find more resources

I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:

Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development

It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.

Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.

Ab Toh Hai Tumse Har Khushi Apni, Tum Pe Marna Hai Zindagi Apni


Audio: YouTube - Ab toh hai tumse har khushi apni (Lata) (http://www.youtube.com/watch?v=KePFNABd97w)

Video: YouTube - Ab Toh Hai Tumse - Amitabh Bachchan & Jaya Bhaduri - Abhimaan (http://www.youtube.com/watch?v=_Pf1Hp4P5gU)

Ab Toh Hai Tumse Har Khushi Apni, Tum Pe Marna Hai Zindagi Apni


Audio: YouTube - Ab toh hai tumse har khushi apni (Lata) (http://www.youtube.com/watch?v=KePFNABd97w)

Video: YouTube - Ab Toh Hai Tumse - Amitabh Bachchan & Jaya Bhaduri - Abhimaan (http://www.youtube.com/watch?v=_Pf1Hp4P5gU)

Why do you care for Reds... and what is the guy who gave you a red losing..! Understand that first

Another moron sent this above

I dont care, its funny to think losers got so much time to do this

From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:

1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.

My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.

What do you say on this?

I had absolutely no trouble. I have travelled to India and also to Canada(by Road) and used my AP both times while my wife had GC and my kid her US passport(all different status:-)), we all went to same officer and he never asked anything on why i had different status etc

The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.

Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.

So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.

Secondly, GOVT would lose EAD renewal, AP revenue etc.

So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.

====
I disagree...

In the United States, anything is possible...even if we don't have votes, this is a society that is run on money. If we are able to raise enough funds, we can cause many things to happen (like support candidate's for elections that are pro-immigration).

Again this is the "Land of the brave"....

This is true. Check the following link. And then drill down to Ammendments link. You can see that

http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.r.02638:

Karthik

I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...

As far as denial is concerned, I am still waiting for the notice...

Does anyone has an idea... I heard from some of my friends that specially in case of L1B blanket, denial notice should talk about the problem and also about how to re-apply again.

Also I got a feeling that my company may end up filing L1A as I have 8+ years of experience. Will that be any kind of problem...?

Please suggest...

Thanks,
Gagan Chodhry

replying to my question. Did you or did you not receive new I-94s?

I have written the ombudsman with an update after their initial inquiry and two of my state senators regarding this. I am confident we sent everything requested in the RFE but it's my word against theirs since we have sent it a total of three times; in the original application, then for two RFE's. Obviously, they are not very competent or they are not telling us what document they really need becuase they keep asking for tax docs.

I only have until May 12 to make a decision because they sent the letter of denial out so late compared to when they dated the denial. By the time the ombudsman gets back to me, my window of opportunity to file a motion will be gone.

It's so frustrating to deal with these people!

Gurus,

My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.

Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?

Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?

The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"

Any one?

Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status

try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.

please close this thread.