AINP -APPLICATIONS RECEIVED AT ALBERTA OFFICE AFTER JAN 15***(OLD PROCESS)***

[ChaloCanada]

i don't want to say this but u r a sure reject case with this situation

thats why i am saying play it safe. get a pay slip from the new company. if it is adp it will just have the comapny name. not job title.

u might have issue with your job description in the application(manufacturing)  and the new IT job . u have to create a job description to avoid this issue.

now abt  they getting the i129 number and checking it with USCIS and seeing u get rejected thats out of question.  they r gonna take u r word  as final.

SO relax. and act smart...

[Mike053]

1) First of all i am under old rule and my application was reached before Feb 19th
2) if send them PAYSTUB form new company then they will ask for I797 approval notice ( which i do not have and will never have from new employer as it is rejected ) .
3) if i send then paystub from new company and if i tell them it is in process then they will ask for i129 receipt notice with case number on it then they can go online and check it which will show them that denial notice is been sent

cuterash...follow what I said above. That's the best way to go. If you are under new employer, THEY WILL DEFINATELY ASK FOR I797. I was in same situation as yours except that I am now on H4 and didn't try to transfer my H1B. odd are not in our favor....try your own judgment. You are smart enough.....

[koolchik]

Does anyone know if they check the i129 to find out their current status from USCIS? I would think/hope not. And you may also mention, you are curious why it is required since you have applied before Feb 19 and do not even require a job/status proof until nomination (but take professional opinion on that one.).

If h1b decision was very recent, you can still go with the new employer paystub (i129 option only if they ask and if they find out rejection)...then u can use the previous reasoning that you are not required to maintain it as per old Ainp rules.

[Mike053]

i don't want to say this but u r a sure reject case with this situation

thats why i am saying play it safe. get a pay slip from the new company. if it is adp it will just have the comapny name. not job title.

u might have issue with your job description in the application(manufacturing)  and the new IT job . u have to create a job description to avoid this issue.

now abt  they getting the i129 number and checking it with USCIS and seeing u get rejected thats out of question.  they r gonna take u r word  as final.

SO relax. and act smart...

One thing I agree with Chalocanada is that they wont go online to check ur status.. so dont worry abt that thing..

[koolchik]

What do you guys think about him invoking his pre-Feb19 right of not requiring job/status maintenance?

[Mike053]

What do you guys think about him invoking his pre-Feb19 right of not requiring job/status maintenance?

thats what i said...

[cuterash]

I am leaning more towards Mikes suggestion .........

Here is what i am thinking

I am going to write them an email telling them the truth in short and simple language

I am laid off from XXX , My file was recieved by your office on Feb 10th , i understand that as per old AINP rule i.e. until Feb 19th, i am not required to maintain H1B status at the time of nomination.( GUYS - I HAVE EMAIL PROOF SENT TO ME BY AINP OFFICE ON THIS TOPIC EARLIER )

currently , i am in legal status in US and awaiting decision for my B2 visa application. i am going back to India soon and request them to send me nomination to my Indian address and further step if any.

then call them if i do not receive any communication within 3 days .

What do you guys think


i am dead sure that if i send them paystub from new company they will ask for I797 and if i tell them it is in process then they may tell me ... send it to us once to receive it and then we will proceed on your case. it will delay may case and i will be at the same place where i started.

[Mike053]

thats the way to go buddy.... i am in same limbo as u....
i would also mention that you have email from AINP officer that under old rules, I am not required to maintain H1B status.
i would attach last paystub from the last genuine employer also and give them the address in home country too.

[AlbertaAINP]

Additional information is required in order to continue the processing of your application. 

Please submit a copy of a recent pay stub from your employer, XXXXX. What type of engineering do you do (computer, mechanical, civil engineering, etc.)?

Does anybody think AINP really cares about our legal status in US of A when they nominate us ? Is asking for recent pay stub their way of making sure our current legal status ??

Any thoughts...

[koolchik]

1) First of all i am under old rule and my application was reached before Feb 19th ....

hey cuterash,

do update us when you resolve this matter. ...

Also, anyone know for Feb 19 deadline....what about old process folks who had applied for pre-invitation and got it before that but their later application was received after feb 19. Would they still need to be on valid H1b job? I faintly remember my lawyer saying the pre-invitation date would count and not later one but does anyone know the concrete answer to this?

[cuterash]

I have sent them an email today and will update you guys once i hear something....

1) First of all i am under old rule and my application was reached before Feb 19th ....

hey cuterash,

do update us when you resolve this matter. ...

Also, anyone know for Feb 19 deadline....what about old process folks who had applied for pre-invitation and got it before that but their later application was received after feb 19. Would they still need to be on valid H1b job? I faintly remember my lawyer saying the pre-invitation date would count and not later one but does anyone know the concrete answer to this?

[Mike053]

I have sent them an email today and will update you guys once i hear something....

Good luck bro...hope things work out.. I am in same boat

[cuterash]

Guys here is the update


i sent them an email telling them the truth about layoff situation and requested them to send my nomination to my home country address

Here is unformatted email reply I have  received

==========================

Hello

Thanks for the information. I have updated your contact information.

Could you please send a copy of your daughter's passport.

Thank you,
=================================

When I reply to her with the passport ,should I ask her anything about the process ... how long it will take to get the nomination so that I can start my PCC process before I leave USA or anything else if it comes to your mind

[Mike053]

dont ask too many questions...just send them passport copy...you will get nomination within 40 days...congrats man...that thing worked out..

Guys here is the update


i sent them an email telling them the truth about layoff situation and requested them to send my nomination to my home country address

Here is unformatted email reply I have  received

==========================

Hello

Thanks for the information. I have updated your contact information.

Could you please send a copy of your daughter's passport.

Thank you,
=================================

When I reply to her with the passport ,should I ask her anything about the process ... how long it will take to get the nomination so that I can start my PCC process before I leave USA or anything else if it comes to your mind

[cuterash]

Guys,

i have some positive news for those whose situation is similar to mine

I have replied with my daughter's passport and asked then duration for the process

But i am happy that there are considering my application and they are keeping there words ....


following is there reply

=============
Hello

Your application is in process. I am unable to give a definite date of completion.
 

Thank you,

========

Guys here is the update


i sent them an email telling them the truth about layoff situation and requested them to send my nomination to my home country address

Here is unformatted email reply I have  received

==========================

Hello

Thanks for the information. I have updated your contact information.

Could you please send a copy of your daughter's passport.

Thank you,
=================================

When I reply to her with the passport ,should I ask her anything about the process ... how long it will take to get the nomination so that I can start my PCC process before I leave USA or anything else if it comes to your mind