Tuesday, September 27, 2011

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07-17 05:37 PM
Great news...... Keep going IV

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09-25 12:12 PM
for NOT answering my question!! :mad:

Mr LouDobbs!!

What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything

EB2/India/PD - July 2003
I140 approved - Dec 2006 at TSC
I485 mailed on 29th June to TSC
RD for 485, 131 and 765 is 8/15
recd EAD with Country of birth USA!! - 8/23
FP done on 9/14 - Got LUD after FP
Recd I 765 on 9/19

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11-08 11:43 PM
How about meeting Michelle Obama... her highness the soon to be First Lady?

sure. how about friday evening. say around 7:00? you bring the chips, I'll bring the salsa.

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BOXING Fancy Muay Thai

10-09 07:30 AM
Dessoya gets my vote, I like the morbid approach.


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Muay Thai Fight @ Tattoo

01-07 02:42 AM

Very nice post.. good to read it.. HOpe ur 485 gets approves soon as well..

Good spirit..


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12-16 03:37 PM
Hi experts,

I need some expert advice for H1B transfer case and vacation plan.

I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.

Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.

Legal opinion
But my attorney says that

1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.


But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.

I have few below questions regarding the situation that I have. Kindly answer my questions..

1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?

3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.

Kindly provide your honest opinions so that I can take my decision for my future.



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RAJA Muay Thai Fancy Boxing

02-27 09:18 PM
Hi friends,

We filed I485 in July.We got our Ead and Ap and my hubby is shifting jobs using AC 21. But we did not get any FP notice till now. In our EAD card, it just says fingerprint unavailable. We called USCIS twice but they said that they haven't yet generated any FP notice for us. Even our attorney hasn't received anything. We have to renew our EAD card in June..will there be a prb during the renewal becos of lack of FP?? Should we get an infopass appt for this..is it necessary?
Anyone in same situation pls lemme know.

I am in the same boat. I opened an SR and waiting for response. I am also looking for an answer on this.

Anyone ? Please.

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02-23 09:22 AM
Thanks for sharing your thoughts!


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Ax Muay Thai / Kickboxing

07-18 08:08 AM
Schedule A visa is not available. Schedule A simply means that we are exempted from LC. All we need is to file I-140 concurrent with I-485/EAD/AP.
Our visa is also EB3.

Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?

i know what schedule a is. i just thought it's no longer available since it's not published on the visa bulletin.

as for your question, i think you're referring to july or august visa bulletin. all those who are qualified to file 485 (concurrently with 140 or not) are covered under the original july visa bulletin as long as the application is received on or before august 17th.

from: http://blogs.ilw.com/gregsiskind/

"For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion."

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11-11 04:35 PM


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06-11 12:17 PM

Can you please stop each such individual starting a new thread and misguide members. We have serious things to do and this guys are making it too annoying. I believe allowing all such people to start a new new thread is not a good idea.


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09-26 07:26 PM
Great. Congrats!!!


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Tiger Muay Thai and MMA Head

March 27th, 2004, 08:47 AM
Cool Shot Indy Bud!

Here is my March Madness shot:


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01-15 11:04 AM
See also


On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001

The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.


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Kampfsportler (Thaiboxen

12-20 11:01 PM
I will also be attending this meeting. IV members from Tristate area are welcome to join.

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07-09 09:23 AM
:D Looks like Axis of Evil Lou Dobbs - Jeff Sessions - Tom


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02-15 01:47 PM
uploaded the letter

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01-14 08:38 PM
I really hope then I will get mine in another 2 weeks. Neither company nor me want to lose any money on cruise and flight booking. it's so hard for them to understand that there could eb issues like this for cruise vacation.AP is taking around 1.5 to 2 months at TSC. Mine took 7 to 8 weeks, filed nov 1, apprvd dec22.

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Muaythai King

09-24 02:37 PM
I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
Got RFE for both of us.

Could be. Nice Find.

There you are. I am pretty sure that the reason for your RFE is your travel.

Every thing should be fine if you just send your medicals again.

Any way all the best.

03-31 09:54 AM
I just called Halifax and they told me that I am not eligible for Visa in Halifax,
eventhough I had H1B visa stamp on old passport from first company (expired over an year). They consider my appoint as new H1B and I cannot attend Halifax or Quebec City.

I will cancel my appoint.


02-10 07:00 PM
uploaded the letter...

read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...

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