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  • gccovet
    05-08 02:31 PM
    :confused:
    I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.

    Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?

    Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?

    Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)

    Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?

    Hi, I am not an expert, quoting from things I have read in the past.

    Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.

    Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.

    Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.

    Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.


    Again, I don't consider myself an expert. so take this with a pinch of salt.
    Good luck.
    GCCovet




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  • lazycis
    04-05 02:24 PM
    I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.

    Can someone please answer my questions? :confused:

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?

    2) Should I let USCIS know that I am changing my employment?

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:

    Thanks in advance for you replies.

    1. Yes.
    2. No.
    3. Does not matter
    4. Does not matter unless you are a supervisor over a lot of people
    5. Make more, of course!




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  • AgentM
    06-03 06:20 PM
    I don't have the I-140 application ? is it still a problem if I switch companies?




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  • moonrah
    06-13 06:03 PM
    does it mean, it was not discussed at all and it is going to be discussed next week?



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  • vbkris77
    12-27 02:29 PM
    So many bills are introduced but most don't even see day of light.. I personally don't see this ever passing the congress.. For most treaty countries this feature is already available and its called E1/E2 visa.. There is no limit on number of people and number years for visa.




    Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )

    According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.

    The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; �Immigrants are nearly 30% more likely to start a business than non-immigrants � and �about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs� . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn�t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn�t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .

    Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don�t have the actual numbers. Aren�t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?




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  • GCDream
    02-20 08:12 PM
    Here is what I have after analyzing the FLC Data Center MDB files

    >2001 May 8 = 504 Certified Labors
    2002 = 79784 Certified Labors
    2003 = 62912 Certified Labors
    2004 = 43582 Certified Labors

    Total: 186782 Certified Labors
    The above data is for world

    Let's say India is 25% of world and 75% of India is in EB3

    This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004

    Since the country of the alien is available for Perm, let's use it for 2005 and 2006

    2005 India = 1350
    2006 India = 22298

    Total for India in 2005 and 2006 = 23648

    Pending in BEC: 111000
    Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812

    Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
    Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586

    Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889

    Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802

    Without any Law:
    139889/2802 = 50 Years

    Assuming CIR passes with
    1. Dependents not counted
    2. EB visas increased from 140,000 to 650,000
    3. Per country quota raised to 10%
    4. Exempts advanced degree holders

    Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590

    Total for India in all years till Dec 2006 without dependents: 63586

    Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717

    Total for India in all years till Dec 2006 without dependents and advanced degree holders

    = 63586 - 12717 = 50869

    For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years

    Conclusion

    Without Law: 50 Years :confused:
    With Law: 2.7 Years :D



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  • pd_recapturing
    09-26 10:51 AM
    You made my day. Thanks so much. :):):):):):):)

    I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?

    There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
    ohhhh wow !! .. Man ...It not so easy as it looks on paper ...U will find tons of ppl in the stage of limbo after doing all this ... (including me though :(
    My sincere advice, DO not even think about it ..




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  • snathan
    08-18 05:05 PM
    If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.

    This is wrong...once the H1B approved the status automatically changed. If you are not paid in H1B, you are out of status. The only way to correc the status is getting paid, pay the tax and get W-2 as like anyother person.

    H1B is not a vsia intend to hire. As you are not able to find a suitable american for the job, you are hiring a foreigner with speciallity skills. Means already you have a job for the person you are sponsoring.



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  • sachug22
    12-10 02:31 PM
    deleted




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  • asphaltcowboy
    05-27 10:31 AM
    it's gotta be Soul's... the worst thing is the flippin' page transitions! I'm growing old waiting for them! congrats to everyone with a **** website

    ;)



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  • zCool
    04-03 03:35 PM
    See below for answers:

    Hi there,
    this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

    Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

    - Can you work for 2 employers at the same time while making the switch?

    -- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
    That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
    - How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?

    -- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
    Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

    -- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
    Thanks a lot!

    BTW, as queries go.. this one wasn't complicated :) Relax!




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  • xbohdpukc
    03-26 04:24 PM
    Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.



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  • phillyag
    05-30 04:43 PM
    2. I140 receipt
    3. I485 receipt


    Would photocopies do for the above 2 docs ?




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  • bigboy007
    06-08 02:14 AM
    true , but not sure how much hez gonna bend , he stillseems upbeat ?



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  • vinnysuru
    04-01 10:10 AM
    Hello Everyone -

    I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.

    Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other



    Hi Piyu, Wow you are lucky. I am from India EB2 (Jan 2006 PD). Non Concurrent with approved 140 Filed 485 on 25th July 07. FP in Sep 07. Haven't heard a word since then. I called NSC last week and they said my name check is pending. Derivative cleared. They have moved processing dates back to June 8th, so they don't expect my case to assigned to an officer for review at least for 2-3 months.

    Would you mind sharing specifics of your case?
    1. What was your exact PD (Day?)
    2. Which service center did you file with?
    3. What day did you file in July? Are you in any special category with EB2 like NIW?
    4. What is your country of chargeability? Are you cross chargeable to any other country?

    Good luck! Yes, now you would just have to wait for PD to become current and you will get approval. Check . Lots of approvals in last 2 weeks for people in similar situations! More in come this month as PD's move forward today.

    I am Happy for you! Gives all of us hope.




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  • gimmemygreen
    09-14 04:46 PM
    Here is my story:

    I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.

    Here is my problem:

    1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).

    I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.

    I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).

    Company B is asking me pay $3000 for some damages and they say that it is as per the contract.

    To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.

    The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).

    The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.

    I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.

    Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.

    There is a new memo out which will screw the life of these pimps. Rise up and name company B here. I will suggest you a way to file a complaint with DOL.



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  • spicy_guy
    04-08 04:58 PM
    I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)

    Krupa

    See how bad EB3 I shape is...

    7,100 until 2002 Dec. That means, 2.5+ years before it hits Jan 1, 2003.
    What about the people with PD > 2005. 33,400 / 2800 per year. 11+ years. :)

    Retire!




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  • prince_waiting
    10-17 03:43 PM
    Fellow IVians,
    I was completely unaware of the fact that USPS does not forward USCIS mail to the forwarding address. I moved about a couple of months back and have been receiving my mail to the new address since then.
    My checks were encashed on the 12th of October, so I guess I would be receiving my receipts soon. But if the RN is not delivered to me and goes back to the USCIS will they consider my application to be abondoned? I have already executed G-28 forms and is it OK if my lawyer receives a copy of the RN.
    Also anybody has any idea if the USPS can hold my mail for a certain amount of time. I guess they do but just wanted to clarify.

    Thanks




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  • saketkapur
    09-16 05:25 PM
    done

    CNN=Corrupt Naitivist Network




    sunny1000
    02-03 05:37 PM
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.

    Congrats ivar! Good luck and God bless.




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