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I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.

The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.

So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?

Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.

PS: Check with attorney.

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I really feel good about this. The IV' core teams todays message really touched my heart.
Even if i loose, i like to loose "winner" and dont like to loose a "looser".
Keep fighting.

I am in the same boat. lets us wait and watch .

We should continue this thread and lets see what people has to say.

LOL...that's the best reply you could come up with? "You are not looking for experiences but relevant information" - what else could be more relevant than an experience?

BTW, that isn't my experience, but it may very well be yours given that the list of questions you have are rather irritating.

Do you really think your anxiety and you tracking every step (name check, BG check, assignment to officer...blah blah) of you GC will really get you the GC faster? I seriously doubt that.

But after thinking a bit more - i now understand your plan. Your list of questions may impress the infopass immigration officer, and the officer may recommend that you should be hired by USCIS as an IO, given that you are more familiar than him/her with the immigration process. Once you are hired, you plan to approve your own GC? Isn't that true?

I am impressed.

Where you moved from NSC to TSC or did you file at TSC?

.....
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.


As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
....

Incorrect!

Read this
www.uscis.gov/files/article/C1eng.pdf

Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"



_________________
Not a legal advice.

I think it is a mistake to assume that EB2 category can be determined by wage levels
Mine is Wage level -II but I have a masters from the US. It all depends on the job requirement.
Also, I know a person who is wage level-III but is EB3.

Further explanation can be found at http://www.flcdatacenter.com/skill.aspx

check teh 'Stuck in FBI namecheck' thread on this forum..

New job must match the LC...that's the trick. If it doesn't, it will get rejected and potentially, GC denied.

Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.

Always remember, get a job that is according to your LC because that is the one certified.

It is risky.

snathan,
I-140 related to Company's potential to pay his salary not sachisdis qualifications; if he clear Perm EB2 ride then he is all set. Please clarify your concern…

no...education also checked during I-140. Just google 3 years degree and I-140 issues. Most of the time the PERM is gettting approval and only during the I-140 process people are facing issues.

Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.

Could you please clarify:
- what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
- did you mean premium processing 140?

I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.

As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.

I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.

on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.

can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval

If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).

Great pledge and Thanks.

Members, please update your signature with your pledge. It is an inspiration point for you as well as to other members. We need this inspiration for ourselves more than IV needed.

This pledge and contribution is for ourselves and not for anyone else. We are going to enjoy the fruits if we can make the difference with lawmakers. IV core members can put their head into more important statergic thinking than worrying about funds. We can atleaset help ourselves by this simple pledge. There is not physical work invovled with it. Commonnnnn..... cheer up and lets get what we want from the new congress.

Do your KARMA and leave the results to time.

I pledge to contribute $40 a month. And more when ever I can.

-- Also guys lets keep the momentum going .. we need more people enrolled and every single one of us opening up their wallets.

Agreed. just talk about Bulletin.

Yes,
please respect IV and ourselves by seriously sticking only to the topic of the discussion. It adds crediility to your posts,

Thank You,
Bobby.

Anyone with July 27 File Date, Please update receipt recd or not recd

We have already sent the reporter an email on behalf of IV.

And, also please note that IV does not have anything against Illegal aliens. We are sympathetic to their cause but have no opinion regarding amnesty for illegal aliens

If someone wants to go to this protest/write to the reporter, do so in individual capacity please (do not claim to represent IV).

Thanks for the info bluez. I think i will stick with my AOS.