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  • Alabaman
    11-04 08:45 PM
    Whenever you want to switch jobs, you have to apply for a whole new H1.
    Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
    what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.


    How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?





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  • Munshi75
    09-12 10:19 AM
    We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.


    Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.


    Thanks





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  • liberty
    05-07 10:28 AM
    Currently I am in EAD, i-485 filed in July 2007 (EB3 ) and Pending. I have changed job. I would like to know the latest rules. Is it necessary to file AC21 in my case? If yes, please let me know which form I should use.





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  • boom
    08-11 01:21 PM
    Thanks for your prompt reply.

    My I-94 has already expired .So should I put that validity date??

    I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.

    Thanks again



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  • stucklabor
    07-12 09:24 AM
    EADchallenged, please check your PM.





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  • makemygc
    05-12 11:58 AM
    The law in question in Arizona was SB 1070. When it passed, I was an immigrant resident of that state.

    When I received my greencard two years ago, I was sent a letter from the Department of Homeland Security -- the same letter that is sent to thousands of new immigrants every week -- from which I quote:

    We will soon mail you a new Permanent Resident Card... When you receive your card, you must carry it with you at all times if you are 18 older. It is the law.
    Pretty clear.

    ..................................

    Robin Koerner: A Legal Immigrant's Take on Illegal Immigration (http://www.huffingtonpost.com/robin-koerner/a-legal-immigrants-take-o_b_860273.html)

    Indian immigrant with priroity date of 2008 in EB3 category and you got your green card 2 yrs back...who are you?:mad:



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  • wandmaker
    02-12 06:44 PM
    Hi , is the limit for 240 days only or TILL we get the approval ?. What do we need to after 240 days ?. Thanks.

    You can work upto 240 days after your H1 expiry date while your H1B is pending. To continue working from 241st day, you would need EAD otherwise stop working until the decision is made on H1B.





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  • reddysms
    06-24 09:41 AM
    I even have exactly the same message. I am hoping that the status might change as delivered today or tomorrow.



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  • BumbleBee
    07-18 02:10 PM
    Hi SertTurk,
    Its not clear from your post as to which state your/spouse's application is in. There are three phases
    #1 Labor certification ( state and Federal )
    #2 I-140
    #3 I485 ( adjustment of status )

    In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.

    Please talk to an attorney before making any decision.

    BumbleBee





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  • vasa
    07-17 05:50 PM
    Thanks Thanks Thanks to IV ,And all the dedicated core group members and all those who made it possible..

    We should be thanking Zoe Logfrien(sp?) and all the senators who wrote to DHS and any public figure who supported us.
    Instead of flowers , how about sending Thank you cards to emilio and Zoe.

    We should also thank emilio for recognising his mistake and reversing it .

    I hope there are no sarcastic remarks against the agencies from our members.We have to be humble and dignified.

    And last but not the least do we now start a campaign to help all those who are stuck in backlog. No guys we dont forget you while we rejoice , I hope the core members come up with a plan to take this up soon..

    I suggest that if anyone hears from media about this update make them aware about the plight of those who are stuck in backlog..



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  • needlotsofluck
    07-26 09:52 PM
    Please see the update in Oh law's site

    Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?

    This is new to me. Can you please indicate the site address of this memo?
    Thanks





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  • 11785181
    08-09 09:12 PM
    I think many doctors earned a lot of money during that period. The same thing happened with us with the INS Doctor. Though we had our TB skin tests done 3 months before, the doctor said "No that will not work, the requirement for INS is different" After that he said we need x-rays too, though our earlier reports were normal. But what to do, at that time all were in a hurry.



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  • dce.deepak
    06-22 01:40 PM
    Thanks a lot guys. Will check with my lawyer and post any updates here.





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  • desitechie
    01-12 09:35 PM
    Remaining in H-1 status provides what I think is a very important safety net. Even if you are 100% sure that there are no potential problems with your I-485, the possibility of an erroneous USCIS denial always exists. If there are any glitches, you will be in a much better position to wait for them to be resolved if you are able to remain legally employed in the US. Additionally, you are entitled to a three year H-1 extension which means you won't have the hassle of worrying about gaps in employment or travel authorization because of USCIS processing delays. Finally, remaining in H-1 status gives your current or future spouse the option of H-4 status.

    What happens if an individual has completed 6 years on H1 and is in 7th or 10th... extension? Does 485 denial invalidate the associated 140 too? Will it not make the H1 invalid too?

    Thanks



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  • leoindiano
    03-25 01:55 PM
    my and my current visa status
    I140 application was approved on may 2008 and the reciept no linxxxxxxxxxxxx

    Please remove the number





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  • vsuri
    02-15 09:49 PM
    Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.

    Federal Trade Commission [FTC] indicates at:
    Mortgage Discrimination (http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea08.shtm)
    that:
    "[A lender cannot] consider your sex, race, or national origin, although you will be asked to disclose this information voluntarily to help federal agencies enforce anti-discrimination laws. A creditor may consider your immigration status and whether you have the right to remain in the country long enough to repay the debt. "

    The above information is relevant to Mortgage loans, but other loans may be subject to similar anti-discrimination statutes.

    Follow the "If You Suspect Discrimination" section of the above web page to file a complaint.



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  • karthkc
    05-11 02:46 PM
    This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.

    USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.

    In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.

    Hope that clears it a bit!

    Hi,

    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.

    Thanks.





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  • WaitingForMyGC
    03-04 09:49 AM
    We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?





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  • ivar
    04-29 09:43 AM
    when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..

    finally i got the 140 from my employer..and my date was ported successfully..so its all good.

    Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.

    Thank you.





    brij523
    02-17 08:33 AM
    I think I would like to see more post saying -

    1) I contacted my congress member or Senator. Have their commitment to support legal immigration.
    2) I send mail to XYX number of my friend to join IV. Some may join and some may ridicule. But as IV member you did the job. The new member could either contribute 5 minutes of time everyday to contact Senator, Congress member or contacting friend, contibute money or at least raise the membership of this forum. Remember we are putting time to help ourself not IV. Because I know after most of us get GC, we will move on with life and next generation IV member will continue the effort.
    3) I would like to see people in major city, launching a compaign to collect money. One of the idea which I think would be very useful is working with the Temple authority and selling food on some occasion. Some kind of arrangement should be made with Temple authority to get major part of sale collection to IV. This way we multiply our money. $20 can be easily made into $100 with some time from members.
    My limitation is - I am in a village. But I will do something. I would not let limitation stop me.

    GO IV TO SUPPORT YOURSELF NOT IV. I AM IN BECAUSE I AM AFFECTED.





    hibworker
    11-04 11:02 AM
    You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.

    Hi,

    My labor was approved recently but i am not sure wheather it is approved under eb2 or eb3.Attorney is trying to keep me in dark and saying every time you have to contact to your employer only we will not provide the details.My employer is saying your is eb2 in oral only,but when i am trying to ask him in email he is calling to me and saying your's category is eb2 only.Can you guys help me out how to find it out my category is eb2 or eb3,and he send me a pdf document,it is saying

    the department of labor has made a determination on your application for permanent employment certification(ETA form 9089) pursuant 20 CFR �656.24 and as required by the immigration and nationality act,as amended.

    Form ETA 9089 has been certified and is enslosed.This certification must be attached to the I-140 petition and filed with the appropriate office of the united states citizenship and immigration services(USCIS).

    Can some one please help me to find my case is wheather it is EB2 or EB3?

    Thanks in Advance.



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