greencardfever
09-09 11:16 PM
Hi,
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.
If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?
If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?
Any response will be greatly appreciated.
Thank you.
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.
If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?
If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?
Any response will be greatly appreciated.
Thank you.
number30
04-07 07:08 PM
Thats a little strange, as employers now a days are suggesting to use EAD instead
of H1's as the extentions itself has problems. And based on what i know its
ok to be on EAD instead of h1. Either way there is not much difference.
It is not strange from employer perspective. That way they will not be subjected to auditing from DOL. And they can show less number of H1B employees. Some people also gets advantages of non- H1B dependent employer.
of H1's as the extentions itself has problems. And based on what i know its
ok to be on EAD instead of h1. Either way there is not much difference.
It is not strange from employer perspective. That way they will not be subjected to auditing from DOL. And they can show less number of H1B employees. Some people also gets advantages of non- H1B dependent employer.
kaisersose
01-02 02:03 PM
All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
gparr
December 31st, 2004, 07:01 AM
While eating dinner last night, I noticed a pitcher and glasses set in our china cabinet and decided to try a studio shot. I used one of my wife's black dresses, hung from the light fixture over our dining room table, as a backdrop. The glasses are sitting on a lens and various bowls and cups to raise them to the levels I wanted. I used white poster board on either side to reflect some light. Light source is a single flash unit bounced off of the ceiling. Thoughts on what I could do to make the shot better, aside from spending $2,000 to buy studio lighting equipment?
Thanks,
Gary
300D camera on tripod, Sigma EX 24-70 lens at 45mm, 1/20 sec., f/13, flash on manual bounced off ceiling at 1/2 power (I think).
http://www.dphoto.us/forumphotos/data/500/153glassware.jpg
300D camera on tripod, Sigma EX 24-70 lens at 42mm, 1/15 sec., f/13, flash on manual bounced off ceiling at 1/2 power (I think).
http://www.dphoto.us/forumphotos/data/500/153glassware3.jpg
Thanks,
Gary
300D camera on tripod, Sigma EX 24-70 lens at 45mm, 1/20 sec., f/13, flash on manual bounced off ceiling at 1/2 power (I think).
http://www.dphoto.us/forumphotos/data/500/153glassware.jpg
300D camera on tripod, Sigma EX 24-70 lens at 42mm, 1/15 sec., f/13, flash on manual bounced off ceiling at 1/2 power (I think).
http://www.dphoto.us/forumphotos/data/500/153glassware3.jpg
more...
rally
07-19 10:23 AM
Could you please comment on the above?
Thanks
Thanks
JunRN
08-09 02:57 PM
My gully, I should have issued personal cheque instead of asking the atty. to use his cheques. I could then saved the trouble of asking the atty. everynow and then.
I still have 20 days left before I could get my RN based on the rate of receipting recently.
I still have 20 days left before I could get my RN based on the rate of receipting recently.
more...
phigi
08-14 07:05 PM
i was given a red dot as well.. jus coz i started a thread on Oct Bulletin - discussion! with a gracious addressing .. as A.hole!!! what one earth i did to deserve that..
so anyways...I dont care a **** but this is imperialist
so anyways...I dont care a **** but this is imperialist
dilvahabilyeha
08-09 01:53 PM
Hi All,
Now there are 3 possibilities for "alien receipt number" that is supposed
to be written behind my photos to be included with I-485:
-1- the filed i-140 receipt number
-2- a number that appears in i-140 approved letter
-3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")
Any more clarifications on which one of the above three is actually "alien receipt number"?
Thank you so much!
Mtsaha
:) I wonder if you have all of them different. if I am filing myself I'll use the latest one. but I have a lawyer, I'll ask her to decide, that's what I am paying her rt. What about you?
Now there are 3 possibilities for "alien receipt number" that is supposed
to be written behind my photos to be included with I-485:
-1- the filed i-140 receipt number
-2- a number that appears in i-140 approved letter
-3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")
Any more clarifications on which one of the above three is actually "alien receipt number"?
Thank you so much!
Mtsaha
:) I wonder if you have all of them different. if I am filing myself I'll use the latest one. but I have a lawyer, I'll ask her to decide, that's what I am paying her rt. What about you?
more...
fatjoe
10-25 09:03 AM
Krustycat:
Sorry to hear that it doesn't work for you. I didn't get any rec #. Excatly the 90th day of my 485 filing, I called USCIS. I wouldn't have called if I had my Rec #. Like said before, one lady picked up and was very cordial and created a Service Req for me. I guess it also could be based on the person with whom you talk. I said " It has been 90 days since I filed my 485 at NSC, I didn't get the Rec # and the checks are not cleared yet also" She asked for the excat date. I told "July 18". She said, "Sorry about the incovenience". She asked for my zip code. Then she said " This is the first time I am using the Service Request System", so bear with me. She asked for my name and date of birth and address and phone. She said "An agent will be assigned to your case within two days to look for your application. The agent will contact you thro phone or you will get a mail". I asked her what can I do if my checks are not cleared. She said "Wait for a week, and then call us". My checks got cleared in two days , but the Rec # are not available on line.
Sorry to hear that it doesn't work for you. I didn't get any rec #. Excatly the 90th day of my 485 filing, I called USCIS. I wouldn't have called if I had my Rec #. Like said before, one lady picked up and was very cordial and created a Service Req for me. I guess it also could be based on the person with whom you talk. I said " It has been 90 days since I filed my 485 at NSC, I didn't get the Rec # and the checks are not cleared yet also" She asked for the excat date. I told "July 18". She said, "Sorry about the incovenience". She asked for my zip code. Then she said " This is the first time I am using the Service Request System", so bear with me. She asked for my name and date of birth and address and phone. She said "An agent will be assigned to your case within two days to look for your application. The agent will contact you thro phone or you will get a mail". I asked her what can I do if my checks are not cleared. She said "Wait for a week, and then call us". My checks got cleared in two days , but the Rec # are not available on line.
sajimm
03-04 09:18 AM
This is going to impact lot of people.
Here is the link to the actual memo.
http://www.uscis.gov/files/nativedocuments/national-security-adjudication-reporting-020909.pdf
Here is the link to the actual memo.
http://www.uscis.gov/files/nativedocuments/national-security-adjudication-reporting-020909.pdf
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TomPlate
03-07 10:41 AM
hello;
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
The important question you have is about marrying girl?
Stay in h1b and get your spouse h4 after marriage.
When you do not have h1b there is no way to bring her.
I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
The important question you have is about marrying girl?
Stay in h1b and get your spouse h4 after marriage.
When you do not have h1b there is no way to bring her.
I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.
gc_check
04-28 07:23 PM
In less than 5 working days. I got for my son 2 weeks back. Very good service.
more...
ImmiRam
09-08 08:12 PM
Thank you guys for the welcome! I really appreciate all the hard work you guys have been doing so far. I have no hope on getting GC ( EB3, 2010 :) ) with current system but I will fight along!
solaris27
02-29 08:32 AM
its common RFF for 140.
Just ask your company to provide all required docs .
Just ask your company to provide all required docs .
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atul555
03-20 07:03 PM
u got ur response from wandmaker..so long, we WON'T miss you.
I joined this forum a while back since it seems like a good place to exchange experience with people in the same boat as us. I got repulsed with IV very fast, and this person above very effectively presents the reason why.
There are just too many smug mother&*#$# like the eb3retro guy above, who chase the newcomers with their gloomy personality right out of IV. Though the situation we are facing is very bleak and gloomy, but why does so many of IVers around here wear it on their sleeves. All garfield asked was a valid question and more like advise and in jumped eb3retro with a lecture on his profile with a tinge of sarcasm to vent his weeklong frustration.
With a movement like IV is trying to be, how is it ever going to be sussessful if there are unwelcoming smug people like eb3retro,. They contribute $20 and then they feel they own the joint, and have to find and boss around someone who doesn't dot their i's and cross their t's to feel better about themselves.
In the vein of openness that the eb3retro is asking garfield to post his details, let's take this a step further and post the picture and names also alongwith other details, to put a smug face with smug messages.
Peace out.
Atul
I joined this forum a while back since it seems like a good place to exchange experience with people in the same boat as us. I got repulsed with IV very fast, and this person above very effectively presents the reason why.
There are just too many smug mother&*#$# like the eb3retro guy above, who chase the newcomers with their gloomy personality right out of IV. Though the situation we are facing is very bleak and gloomy, but why does so many of IVers around here wear it on their sleeves. All garfield asked was a valid question and more like advise and in jumped eb3retro with a lecture on his profile with a tinge of sarcasm to vent his weeklong frustration.
With a movement like IV is trying to be, how is it ever going to be sussessful if there are unwelcoming smug people like eb3retro,. They contribute $20 and then they feel they own the joint, and have to find and boss around someone who doesn't dot their i's and cross their t's to feel better about themselves.
In the vein of openness that the eb3retro is asking garfield to post his details, let's take this a step further and post the picture and names also alongwith other details, to put a smug face with smug messages.
Peace out.
Atul
haider420
02-22 03:47 PM
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
more...
miamikk
10-22 11:40 PM
I completed 6 years of H1B in Sept 2009 and my employer has filed for recapture of time and after recapture my H1B should expire on Jan 15, 2010. I have received Notice of Action from USCIS and I am not sure if I will get approval notice before Jan 15 as I heard the regular application process might take up to 6 months.
I have couple of questions:
If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
I really appreciate any suggestions.
I have couple of questions:
If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
I really appreciate any suggestions.
cygent
04-01 04:28 PM
Hi All,
Are there any risks of filing 140 & 485 together? I just talked to an attorney & she said that it is better to get 140 approved 1st before filing 485, as when you file concurrent, the files go to inexperienced officers who will not judge your case properly.
When you file 140 separately, the file goes to officers who only deal with 140's.
Does anybody on here know of these risks/disadvantages of filing concurrently. I was under the impression that it was better to do this, but now I stand contradicted!
Are there any risks of filing 140 & 485 together? I just talked to an attorney & she said that it is better to get 140 approved 1st before filing 485, as when you file concurrent, the files go to inexperienced officers who will not judge your case properly.
When you file 140 separately, the file goes to officers who only deal with 140's.
Does anybody on here know of these risks/disadvantages of filing concurrently. I was under the impression that it was better to do this, but now I stand contradicted!
gunabcd
07-02 10:02 AM
Stop replying to this guy - focus on something more meaningful.
Yes, let's close the thread, it's not serving the purpose of the forum and wasting our valuable resrouces. Moderators ????
Yes, let's close the thread, it's not serving the purpose of the forum and wasting our valuable resrouces. Moderators ????
anurakt
01-14 06:30 PM
I think we may have spoken about this , but here is my question :
My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :
1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?
2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?
3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?
My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :
1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?
2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?
3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?
ChangingJobs
06-30 09:22 PM
Changingjobs:
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
Thanks a lot for the clear answer. This is very useful.
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
Thanks a lot for the clear answer. This is very useful.
