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amoljak
03-24 03:16 PM
They have
Exempt post-secondary foreign students in math/tech/eng/science (est.2)
200000
I don't know what that is...

And suddenly they arrive at: TOTAL ANNUAL PERMANENT LEGAL IMMIGRATION = CURRENT LAW + ENACTMENT OF:3 = 3.1 Mil

There are no calculations for that.. you may want to ask her where that number came from...
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lj_rr
07-31 04:15 PM
Any inputs?
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snowshoe
11-27 03:10 PM
Quite a few cases seem to have been approved by both TSC and NSC in the last two weeks.
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gandalf_gray
06-02 10:27 AM
It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.

NKR, thanks . I am considering that option.
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
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Kapils573
10-17 05:28 PM
My application was filed on 19th July .However I have not received my receipts yet. Has your friend contacted the USCIS and inquired since 90 days are over?

Thanks,

Kapil
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kaisersose
08-29 09:22 PM
Un"un: Unknown :)
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Templarian
08-27 11:45 AM
^Perfect :fab:
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Lasantha
10-05 11:36 AM
Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.

Yep! Hey who knows? This might be your year too! :D
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h1bemployee
06-23 06:29 PM
On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.

As my H1 transfer got denied.... I can apply for a new H1 transfer.... right?

I am assuming this from the information I got form this forum. I am really confused..
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BharatPremi
03-11 02:17 PM
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.

1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?

You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you:p:)
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GCWhru
08-04 05:04 PM
anoopraj2010,

We are also on the same boat. My GC (primary ) approved on Aug 2008 and my wife's 485 still pending, we have returned back from India last week and no questions asked about her AP.
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kalyan
07-07 05:10 AM
U r lucky that you have the EAD.

My H1B transfer was denied with I-140 approved . worked for more than 6 years in US. I moved back to India and started working here

Washington and DOS wants Legal immigrants out ( they cannot and could'nt do any thing to illegals-- ) and wants companies to hire people graduating from the university of Mc Donalds, Burger King, KFC and those zeroes needs to be trained and trained

US business'es has to serious think about this otherwise, their counter parts elsewhere in the world will be more competitive
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Winner
01-22 07:24 PM
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desi3933
02-22 01:36 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.

I think you should consult an attorney.

Once I-485 is filed, one can file for change of status ONLY to H/L status.

______________________
Not a legal advice
US citizen of Indian origin
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raj2007
02-18 01:36 AM
Folks,

I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC



2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
To your old employer

3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

Gurus... please help me with your suggestions.
chk above
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akhilmahajan
04-23 09:41 AM
Thanks a lot guys for your inputs. I hope everything goes fine.......

heard these days it is taking more then 6 months for I140 approval...........

mine was filed in marcha, 07 in the Texas processing center...........
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gc_on_demand
01-20 09:37 PM
I had same situation in 2009.. petition was approved in Mid 2008 and stamping was in feb 2009. No PIMS delay. I think if gap is more than few months , PIMS records are updated.
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seahawks
09-11 01:01 AM
We have more members join WA State chapter, welcome aboard. We need more. Calling all of WA/OR to join our local WA state chapter. Do you want to make a difference? This is your chance!

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pra945
12-18 01:59 PM
hello,

for me VO asked me to submit all documets that are listed in 221(g)

academics, LCA, all employer documets, Client letter, Pay stubs, etc

Thanks,
Praveen
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GCwaitforever
09-18 10:47 AM
Why focus our energies on cosmetic changes?
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lfadgyas
05-20 09:15 PM
I�m not a lawyer or attorney or anything official

-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.

-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;

I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.

-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).

-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).

I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.

Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.

Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.

This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .

If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
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