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08-22 07:49 AM

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rajnag21

07-05 11:52 AM

Hi All,
Is no one willing to share information with me ?

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shreekhand

05-31 07:45 PM

FYI.

Temporary GC stamp is never stamped at POE or by CBP.

Hello,

Not that I know ... the worst case scenario is that your green cards are physically mailed to you and then they are returned 'cause nobody was at the home (though normally, it should just sit with your other mail).

When you reenter US, stand in the regular visitor line.... if your card is issued, the IO will know and stamp your passport w temporary green card and allow you in the US.

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markapur

08-05 12:30 PM

I am still checking with my attorney. But in my case, Company A is ready to revoke my H1 once i move to Company B. So I am not sure what to do. Can I have your personal email id. Otherwise here is mine please reply to: rahul_kms@yahoo.co.in. Thanks

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ivgclive

09-03 12:03 PM

Jan Brewer Starts Badly, Finishes Worse, In Last Night's Arizona Gubernatorial Debate (VIDEO) (http://www.huffingtonpost.com/2010/09/02/jan-brewer-starts-badly-f_n_703559.html)

starting with : we have 'uh' did what right for arizona...

No wonder why AZ tightened the immigration law, may be illegal immigration caused the damage on American grammar.

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SlowRoasted

05-22 10:10 PM

yeah the duck hunt rocks

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gc_buddy

06-06 12:33 AM

Bump....

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rajenk

08-17 04:52 PM

Greetings,

I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?

If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?

Thanks
k

You have to apply a new I-140 for the EB2 only then you can interfile with I-485.

Look for details in my other post here

http://immigrationvoice.org/forum/forum105-immigrant-visa/1599044-eb3-to-eb2-porting-advice-needed.html

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dskhabra

07-09 08:16 PM

If you are in US continuously for 3 years...

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lecter

February 5th, 2005, 10:15 AM

Sharpness and focus on the eyes are the key. Birds and Monkeys are real tough.....
Rob

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pmat

08-08 02:25 PM

It is okay to under-enroll in the last semester after the approval of International Student affairs office of the university.

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anatul

04-23 01:12 AM

I am currently working for Company-A, holding a H1B till 30/09/2012 (approx 1 yr/5 months time left), with the approved I140 and labor (Priority date EB2 Oct 2008).
Now I am thinking to move to other company (Company-B) and the new company is ready to transfer my H1B and start green card processing after 3 months.I had following questions

Q1>Can I move from my present employer to new employer?
If yes will I get New H1B valid till 30/09/2012 or for three more years based on existing approved I140.
Q2>My old employer should not revoke my I140 till my new Labor and I140 get approved with the new employer? (Most likely my old employer (Company �A) is going to revoke the I140 once I leave the company). So will that be any problem for me?

Specifically problem in following scenarios,
a. Porting my priority date for future GC application (Company-B) with revoked old 140(From Company-A).
b. If i am going to get extension only till 30/09/2012 and
if my new GC doesn�t clear new 140 stage by then ( which is highly possible looking at current market conditions and the timeframe when my labor is going to get applied (Easily 8-9 months from now)) Can i get 3 years extension at that stage using revoked 140 from company-A?

I feel very jittery about whether to make this move or not. Looking my existing priority date I assume it is easily going to take another 2/3 years to get green card in existing job.

Please reply this post as it will help me alot

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cloud 9

05-30 03:52 PM

Answers to some of your questions:

I am in the same situation. I have already sent my FOIA request about 3 weeks back. They have processed only 250 request in last one week. They have around 8600 requests. So it will take around 7 to 9 months to get the docs.

Since you will be asking only for I-140 and/or perm docs, there will be no cost.

You need to know SOC code/Job responsibilities/Salary for using AC-21.

Hopefully, some one who has more knowledge will reply to your other questions.

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rc0878

09-17 02:34 PM

I am glad to know that

thanks

I think it is better. Your EAD and AP will be processed faster because they are in CSC and your I-485 is in TSC, which is better than NSC.

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checklaw

11-20 09:34 AM

Thanks for the reply.

Where does 1099 fit in in the above list?

Are there any benefits of one over the other?



Definitions :
http://seeker.dice.com/assets/help/help_seeker/other/employement_definitions.htm


Independent Contractor :
http://jobsearchtech.about.com/od/jobs/l/aa083099.htm


checklaw

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n2b

02-05 11:25 AM

Hello Friends,

I have utilized AC-21 and moved onto another employer and I will be using my EAD. I have an I-94, from the I-797 of my previous employer, which expires in May 2008.

The question I have is if we have utilized AC-21 can we still live here in US past the I-94 date? Will the stay be considered legal? I ask because as far as I know when a person is on H1B he can not afford to go past the I-94 validity date, does the same apply with an AOS applicant?

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alisa

06-21 11:36 AM

^^

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Leo07

01-29 08:42 PM

I'll give you a honest answer. Consult an attorney and find a fool proof step, if there is one. Although, I'm inclined to say, stay F1 and bring her as F4. You need much more than that.

It is a big step in life, Congratulations! Whatever you do, immigration is the last thing that must be on your mind on the best day of life!

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huggybear2679

09-30 05:43 PM

You've been approved per your message below. So all it means in your case is that the USCIS has to let the Visa Center and/or Dept of State know that.

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aj_jadeja

11-14 12:15 AM

Guys

Please chk this URL its about lame duck session . I know its dated Nov 9th but still.

http://thomas.loc.gov/cgi-bin/query/B?r109:@FIELD(FLD003+d)+@FIELD(DDATE+20061109)

it says this.

November 15 and 16, Subcommittee on Immigration, Border Security, and Claims, oversight hearings entitled ``The Energy Employees Occupational Illness Compensation Program Act: Are We Fulfilling the Promise We Made to Cold War Veterans When We Created the Program?'' (Parts IV and V), 2 p.m., on November 15 and 10 a.m., on November 16, 2141 Rayburn.

I m confused with above details.

Aj

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gc28262

07-31 09:18 AM

EbImmigrationReference: The effect of an employer withdrawal of an I-140: Ron Gotcher (http://ebimmigrationreference.blogspot.com/2010/07/effect-of-employer-withdrawal-of-i-140.html)

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ras

07-08 11:09 PM

Programmer, analyst programmer, developer, software engineer, sr. software engineer, sys analyst, etc., are all the same.

does this include software QA engineer too?

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bagheera

06-10 05:28 PM

Hello all, please share your thoughts/advice on my case.

Worked for Employer A from May 2004 - April 2007
I-140 approved for Employer A in January 2007 (EB2 Category)
Changed job in April 2007 to Employer B (my current employer).
I-485 filed in July 2007 using approved I-140 from Employer A, and a letter for future employment.
Employment verification RFE received in June 2009

My lawyer advises to use AC21 and provide employment verification letter from my current employer (Employer B) for this RFE response.

Since my I485 filing was based on future employment and I did not work for Employer A for 180 days after filing I-485, this causes some complexity.

AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?

Thanks!

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raysaikat

05-18 01:52 AM

... Our name is on the lease together here in MA but will we be penalized for living separately when he is away at school?...

Penalize in what sense?

If your marriage is a true marriage, then there will be no problem with respect to immigration even if you do not live at the same place.

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Blog Feeds

03-10 07:20 AM

Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.

Example:

LCA start date: 9/1/10

LCA end date: 8/31/13

Form I-129 start date: 10/1/10

Form I-129 end date: 8/31/13

Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.

Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.

Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.




More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)

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perm_res_app

07-29 03:51 PM

Thanks for your answers.

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danu

11-12 03:38 PM

Thanks GCwaitforever.

Let me send my petiton case to Ombudsman..

Has anyone have got any exp with submitting case to Ombudsman and got any resolution..

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beautifulMind

07-05 02:08 PM

Sorry my bad..I did not find it..i was excited when i read this and wanted to post th elink immidiately :)

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samcam

05-24 11:46 AM

As of now we have 3997 members and 111 guests. We need 3 more guests to register so that we can reach the milestone of 4000 members...

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sweet_jungle

10-14 04:33 AM

This is getting ridiculous...losing my patience

I think a controlled slow movement is good at the beginning of the year. Last year they had made, for example, EB2 India as April 2004 but they had to make it U after 1st quarter.
So, a controlled slow movement will leave to more un-used numbers in the 3rd quarter when they will then be forced to make big jumps in dates to use up annual visa numbers

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jv101

05-20 12:46 PM

I'm working for Company A and this is my 7th year on H1-B.
I got three years extension last year which is good until Aug'2012 through companyA.(Based on approved I-140 from my previous employer).
My previous employer withdrew my I-140 petition but luckly after getting my 3 year extension with Company A.
Actually,I didn't know that my previous employer had withdrawn the I-140 petition.(Online case status was showing it as approved.) q


I got a very good offer from Company B but I didnt want to take chances with USCIS,so I've told them that I would join only after approval.

CompanyB applied for my H1-B peition asking for 3 year of extension based on I-140 approval.

I was told today that my CompanyB H1-B petition has been denied because of I-140 withdrawal from my previous employer.we didnt know about this because the online case status for I-140 was still showing as approved.


Question
1)Since I've a valid visa until 2012 with Company A. Can company B reappeal the decision asking for H1-B transfer only until 2012.

2)Does the denial has any impact on my current Company A's H1-B petition.

I know it's a tough one but I do appreciate your feedback/help on this issues.

Thanks,
V.

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dvrao4

10-27 06:44 PM

i filed 485 in june and still waiting for FP

sent to texas on 6/14/07-delivered 6/15/07
RD:07/19/07(USCIS ERROR)
ND:09/11/07
EAD: approved 09/28/07, recieved 10/2/07
FP: still waiting for notices:

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kirupa

01-19 11:16 PM

Added :)

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parsu

02-02 08:27 PM

Should not be a problem. I used Cobra while I am on H1 and changed the Employer.

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ziggy7bs

03-26 11:31 AM

Hi,

My Company applied PERM in Sept'07 at Chicago. Till now company hasn't heard back yet and now employer is planning to file one more PERM appl. through different Lawyer. Can we file one more application without hearing/know the first case status?

Appreciate the reply.

Thx...

you should not file another perm appl unless it is different job duties. you lawyer should call dol. it takes min of 8 months for perm filed in 07.

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mrsr

08-15 08:10 PM

Just to see how many are still donot have the complete independence, what india observed on the same day 60 years back

Happy 15 Aug :)

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gcfriend65

12-18 08:35 AM

I had a soft touch on my LUD for I-485 yesterday. Have received EAD card and been fingerprinted. Waiting for AP approval. Does anyone have a clue what is this in regards to?

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martinvisalaw

11-25 12:59 PM

I If I accept the part, will this violate the terms of my H1-b?
Yes. Your H-1B only allows you to work in that position, for the H-1B employer.

Also, if I am approved for an EAD down the road, can I use the EAD to do acting work on the side?

Yes, however you will also need to use the EAD to authorize you to continue the computer programmer position. As mentioned above, once you work as an actor, you have violated the H-1B status and cannot use it even for the programmer position.

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pointlesswait

09-30 02:05 AM

;-)

Since USCIS is done with all I-485 cases, should they not allow filing of I-485 when PD is not current? Or at least they should allow filing I-485 for the people who's I-140 is approved and PD is not current.

Should IV core take this up as next high priority admin fix item with USCIS?

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nsb_immig

01-01 04:12 PM

Hello,

I am on H1, have filed Labor on 10/30/2009 (awaiting decision) and still have 2 months to go before my 6th year of H1 starts.

Now, i have plans for higher studies, but since i am a consultant/contractor and my projects are all over the US, I am planning to go full time (early 2011) either in US or outside.

I checked with a friend if I should go full time in US and he told me that since i have filed Labor, i have shown 'immigration-intent' and therefore my F1/student visa request will be denied, since F1/student visa is a non-immigrant visa.

Now my question to this forum of lawyers is, Is the above true for F1? Also, if it is true and due to that, if i plan to study outside USA and after my studies (which keep me out of US for more than an year) want to come back and work in USA, will my request for an H1 also be denied due to the same 'immigration-intent' i showed in my Labor process earlier, since H1 is again a non-immigrant visa?

Thanks in Advance for your help !

PS: I am a newbie in this forum. Pls let me know if any info is missing, or if such a concern has already been addressed in an earlier post, pls point me to the same.

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DallasBlue

06-23 11:55 PM

you can mention either ways. legally it shouldnt be a problem.

(professionally it does look bad)

==as always seek legal consult.

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jimytomy

04-27 05:39 PM

Friends,

My EB2 I-140 got approved during 1st week of April and USCIS successfully ported my EB3 priority date of Jan, 2006 to the new EB2 I-140. As per my attorney, interfiling shouldn't be done as I have been with same employer all along and same employer sponsored for my porting. The attorney says, this should be automatically taken care of by USCIS.

My question is...I couldn't find the proper procedure/documentation for my scenario. Did any body come across this situation and can any one offer any suggestion?

Thanks for any inputs,

My Lawyer did send a interfiling letter with EB2 I -140 application. You can send it even after I-140 approval . Lawyer can send Interfiling letter requesting to approve I-1485 and also attach the copy of I485 Receipt notices ( you and your family).

Best Luck
----------------------
Please note , I am not a Lawyer. Contact Lawyer for proper guidance.

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anilsal

12-13 01:15 PM

The conference call will be deferred to the same time (8pm Central, 9pm Eastern) on December 16, 2006. This is to accomodate Pappu to give an update on what exactly happened in DC.

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patiently_waiting

09-11 05:07 PM

;)

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Blog Feeds

01-20 07:00 AM

Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


The DOL introduced a new Prevailing Wage system which will centralize everything. Previously each State's Workforce Agency gave those Prevailing Wage. Obviously there were discrepancies in how each SWA operated causing problems with DOL filings.

However, DOL introduced this new system of centralized Prevailing Wage determination with no computerized system of filing. We have to mail in our request to the DOL. Then the DOL will take forever to come up with a Prevailing Wage. The DOL has advised employers to file the Prevailing Wage 60 days prior to advertising for a PERM, since the ads expire in 6 months. This is strange because the DOL went computerized much earlier than the CIS did. Why could they not have a faster computerized process BEFORE centralizing the whole process? Was this then intentional?

This will slow down businesses, and filing of immigration. Similarly in July of 2009 the DOL significantly slowed down the LCA filings for H-1Bs. Which makes me wonder if DOL is slowing down things as a protectionist measure which caters to socialism? Is this the death of free enterprise, and business at the speed of 21 Century? It was another Democratic President and Congress that passed the AC 21 to speed the process up about a decade ago.

Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-6058636719390437264?l=usimmigrationmatters.blogspo t.com


More... (http://usimmigrationmatters.blogspot.com/2010/01/is-dol-becoming-socialist.html)

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i99

10-15 03:58 PM

Probably double posting. I could not find by searching. Can someone please let me know? :o

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zeal2005

03-02 01:31 PM

Its hard to say what is SAME OR SIMILAR. I am stuck up with the same issue. My GC was filed for the position of Software Engineer and I changed the job with same responsibilities but job title is Project Manager. My attorney is not comfortable with that even though the responsibiities are same in the new job.
Its better not take this AC21 path unless you are 100% sure that your new job is same as the old job.
Experts please advise.

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satyasaich

04-06 04:31 PM

As far as i know, it is not possible. because your friend's I-140 was approved already, based on which I-485 was applied.
He can change an employer and shall not be any issue as long as the job description is same.
That doesn't equate to a situation where an employer can invoke I-140 before it's approval & use the LC for someone else.
(Note: I'm not an attorney)

Hi, I have a question.

1. My colleague crossed 2 years after filing 485. Frustrated with GC processes, he is switching company for better career prospects. He is using his EAD and invoking AC21. Is it possible for me to use his labor? If no, why?

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rahul74

05-04 11:04 AM

I am planning to apply for NIW based on my HPSA work location.
My attorney is stating that I need to change work contract to 5 years instead of 3 years for the same. According to him, I can add in the contract that this extention of contract is at discretion of employee after 3 years and it will not damage the interests of my employer.
Since I do not want to work after 3 years with my employer, is this contract language safe for me?
Also is it possible to swelf petition for NIW?
thanks in advance for the input.

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GC_1000Watt

03-05 10:29 PM

I was reading this article Obama looking to give new life to immigration reform - Los Angeles Times (http://articles.latimes.com/2010/mar/04/nation/la-na-immigration5-2010mar05) and I found out about the Mar 21st immigration rally. Is anybody aware of it?
Is IV aware of this rally?

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mrajatish

01-29 03:25 PM

Nope, none - you are the first one to reply to my thread. This abysmal participation is reflective of our general apathy towards our own pitiable condition.

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ss1026

05-22 02:56 PM

Hi

I am currently stuck in the PBEC in the EB-3 Category. I am from Philipines and I enough experience to qualify for EB-2 filing with a new company. So I am considering a job switch but want to hear what the salary requirement is for a EB-2 filing. I am a wireless engineer. Any advice would be appreciated

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