dilbert_cal
05-10 02:19 AM
whattodo
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers
Having an approved 140 and a 485 pending for more than six months is the safe method of switching. For AC21, the key is to have your 485 pending for more than six months. You can use AC21 to switch employers after six months of filing of 485 even if your 140 is not approved. Its not a simple process but folks have done it.
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers
Having an approved 140 and a 485 pending for more than six months is the safe method of switching. For AC21, the key is to have your 485 pending for more than six months. You can use AC21 to switch employers after six months of filing of 485 even if your 140 is not approved. Its not a simple process but folks have done it.
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dskhabra
07-15 08:02 AM
Even mine is EB2 with level II. I did not see a single case from my company with Level III or Level IV but still a lot of them are EB2.
My 140 approval says: Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2).
My understanding: this is EB2.
My 140 approval says: Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2).
My understanding: this is EB2.
Dhundhun
06-27 04:50 PM
i efiled on June 9th and finger scan and photo appt on July 7th. i hope they don't approve my application before then :rolleyes:
Did you sent photo? If not then you can be sure.
Did you sent photo? If not then you can be sure.
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gc28262
06-10 03:45 PM
Every time it hit Nov 2001, the dates were made unavailable and the cycle started again from early 2001.
I wonder what is going to happen next month??
This time it will be different since we already crossed April 2001 which is a significant date in terms of 245(I) cases.
I wonder what is going to happen next month??
This time it will be different since we already crossed April 2001 which is a significant date in terms of 245(I) cases.
more...
radhay
07-20 06:08 PM
Hi i feel your pain. I think you should look into writ of mandamus which people having been filing for FBI name check issues(i am one of the victim). You will need support of employer since this is employer's petition.
Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.
But we will need enough support to gather a critical mass and start things rolling in the right track.
So can we have a online form where everyone affected can sign in? How do we do that?
Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.
But we will need enough support to gather a critical mass and start things rolling in the right track.
So can we have a online form where everyone affected can sign in? How do we do that?
mirage
06-30 04:53 PM
I think they have different rules(for themselves) for AP and EAD. As my AP was approved for from the date of expiry....That's ridiculous. Forget abt the 2 year EAD that you didn't get, you also lost 3 months? They probably hired some part time workers for last weekend who might have screwed up. I did some research before and am pretty sure they started issuing documents with a start after expiry of the first one a long time ago. Even on our AP's which were approved, the start date was september 2008. I got them mid -may..
more...
needhelp!
02-15 02:12 PM
Friends rule!
Just heard that my friend has collected 20 petition letters for me, thanks Tarina! Very excited to be at 194 this morning :)
Just heard that my friend has collected 20 petition letters for me, thanks Tarina! Very excited to be at 194 this morning :)
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tselva
07-20 11:23 AM
You please contact the lawyer and request them to send a check for $1000 (premium processing). You will get your receipt with in 7-10 days.
My friend done the premium change (for h1 extn) 10 days ago to be part of GC race.
My friend done the premium change (for h1 extn) 10 days ago to be part of GC race.
more...
wandmaker
06-23 05:21 PM
Updated the poll :)
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Canadian_Dream
12-01 01:54 PM
I think this an interesting discussion in the forum in a long long time. Allow me to jump in.
1. For those with labor stuck in BEC's, file PERM (2 months) +I-140 Premium Processing (10 days). Get a three years extension and move on to a new job. A new job always involve new challenges and learning is an excellent way to channel your energies. Point being there is a way out of the mess !!!
For others invoke AC-21 in I-485 stages.
2. Studying is another very good idea. What you study should be your personal decision. Doing MBA, or Acquiring new technical skill at local Universtiy or certifications (CCNA/CCIE/PMP). There are always things to learn and a good way to advance your career without GC.
3. For non-working spouses there is very little they can do, but Non-Profits is way to start and see if you can get an H1B later from the same or a new employer.
In nutshell you can cope up with this frustration by taking control of things that you can !!! Do not let this mess affect you more that what it should be.
For the rest let's help IV in any way we can. Have a good weekend.
1. For those with labor stuck in BEC's, file PERM (2 months) +I-140 Premium Processing (10 days). Get a three years extension and move on to a new job. A new job always involve new challenges and learning is an excellent way to channel your energies. Point being there is a way out of the mess !!!
For others invoke AC-21 in I-485 stages.
2. Studying is another very good idea. What you study should be your personal decision. Doing MBA, or Acquiring new technical skill at local Universtiy or certifications (CCNA/CCIE/PMP). There are always things to learn and a good way to advance your career without GC.
3. For non-working spouses there is very little they can do, but Non-Profits is way to start and see if you can get an H1B later from the same or a new employer.
In nutshell you can cope up with this frustration by taking control of things that you can !!! Do not let this mess affect you more that what it should be.
For the rest let's help IV in any way we can. Have a good weekend.
more...
indiandude
10-19 04:15 PM
Hi All,
I am planning to apply for PIO card for my son born in last month. I would like to send the documents to CGO Houston. Can you please suggest what are the documents should I send. I see the information in their website but looks confusing regarding orginals or copies.
Thanks !
I am planning to apply for PIO card for my son born in last month. I would like to send the documents to CGO Houston. Can you please suggest what are the documents should I send. I see the information in their website but looks confusing regarding orginals or copies.
Thanks !
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grupak
06-25 12:32 PM
I and few of my friends called into Rep. Smith's office. The reply we got was that it would be effective only if more of his constituents called.
So, we need to get more locals from Rep. Smiths district to call ...
We need more calls from the congressman's district.
So, we need to get more locals from Rep. Smiths district to call ...
We need more calls from the congressman's district.
more...
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amit_sp
02-09 10:17 AM
I am in a lot of stress. Please help out if possible.
Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.
If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?
Gurus please help. I will be grateful.
Thanks
Hello Chitta:
Please check the following link from "Immigration.com".
http://boards.immigrationportal.com/showthread.php?t=240313
As per it, you can get a 3 yr-extension as long as your existing company doesn't revoke your I-140 (and it wouldn't as you are not leaving on your own). So you should be fine. Good-luck for your next job.
Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.
If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?
Gurus please help. I will be grateful.
Thanks
Hello Chitta:
Please check the following link from "Immigration.com".
http://boards.immigrationportal.com/showthread.php?t=240313
As per it, you can get a 3 yr-extension as long as your existing company doesn't revoke your I-140 (and it wouldn't as you are not leaving on your own). So you should be fine. Good-luck for your next job.
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snaked
07-31 10:27 PM
Hi All,
I came to US a week back and have realised that my consultant here is in-competent to get me a job sooner. He usually takes 2 months.
So, I am planning to get my H1 transfer with-out pay stubs. Some consultant are even ready to get that done.
Can any of you please tell me if transfer can be done with out pay stubs.
Thanks,
Snaked.
I came to US a week back and have realised that my consultant here is in-competent to get me a job sooner. He usually takes 2 months.
So, I am planning to get my H1 transfer with-out pay stubs. Some consultant are even ready to get that done.
Can any of you please tell me if transfer can be done with out pay stubs.
Thanks,
Snaked.
more...
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rkumar18
07-05 11:42 AM
Calling USCIS is not going to help any single beneficiary. I guess this has been already answered by Oh. As long as we do not get away from concentrating too much on "Whats happening with my application?" we are going to sulk.
I agree..calling USCIS customer service doesn't make any sense.They are all front desk people who have no clue of what's happening inside.
I agree..calling USCIS customer service doesn't make any sense.They are all front desk people who have no clue of what's happening inside.
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coopheal
03-14 11:42 AM
I hope you are correct but look at for EB3-I.
There are about 14 pages of EB3-I before 2004. So with assumptions of 2% applicants registered on there will be approximately 30000 to 35000 EB3-I applicants.
(14*50)/(0.02) = 35000
Sure there may still be 2002 files waiting but it is definately not a GREAT number. Here are three logical bullets to conslude that.
- Many people with 2000/1/2 dates have already left USA - Tired: Could not
take the delay:Found good oppertunity back home or elsewhere
- Black labor market played a part to shift a considerable load either to EB2 or
PD date from 1999/2000 and thus many people preferred that path either
stuck in EB2 or have already got their GC
The only thing we can be unsure about stuck in NC with those early PDs.
Having said this, it is ofcourse impossible to predict perfect chain of future flow, I see hope for EB3-I in this year, particularly last quarter at least for the people having 2004-Mid and before PDs.
There are about 14 pages of EB3-I before 2004. So with assumptions of 2% applicants registered on there will be approximately 30000 to 35000 EB3-I applicants.
(14*50)/(0.02) = 35000
Sure there may still be 2002 files waiting but it is definately not a GREAT number. Here are three logical bullets to conslude that.
- Many people with 2000/1/2 dates have already left USA - Tired: Could not
take the delay:Found good oppertunity back home or elsewhere
- Black labor market played a part to shift a considerable load either to EB2 or
PD date from 1999/2000 and thus many people preferred that path either
stuck in EB2 or have already got their GC
The only thing we can be unsure about stuck in NC with those early PDs.
Having said this, it is ofcourse impossible to predict perfect chain of future flow, I see hope for EB3-I in this year, particularly last quarter at least for the people having 2004-Mid and before PDs.
more...
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thomachan72
07-22 11:02 AM
We only talk about global warming, environmental polution, water pollution, air pollution etc etc.
Its time we start talking about "global though and emotion pollution".
Every house, group, town, city, state, country are all a collection of thoughts and emotions. If you could quantify these you could measure the amount of "waste" often with tremendously long half life periods that many of us are disposing into this pool. This is the greatest pollution from which infact all other pollutions even start to originate.
Our role during this life is to put some effort in trying to clean up this pool just like BP is now trying to clean up the oil mess.
How to start? stop being critical and avoid dissipating harmful thought about self and others:D:D:D
Its time we start talking about "global though and emotion pollution".
Every house, group, town, city, state, country are all a collection of thoughts and emotions. If you could quantify these you could measure the amount of "waste" often with tremendously long half life periods that many of us are disposing into this pool. This is the greatest pollution from which infact all other pollutions even start to originate.
Our role during this life is to put some effort in trying to clean up this pool just like BP is now trying to clean up the oil mess.
How to start? stop being critical and avoid dissipating harmful thought about self and others:D:D:D
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coopheal
05-21 04:49 AM
Thanks Pagal.
Today starts with $200
Today starts with $200
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H4_losing_hope
02-12 02:33 PM
Sent 5 more letters to President and copies in one envelope to IV.
Guys this is great, we can all ask our friends and colleagues to sign letters and we can all secure them by paying for the stamps ourselves. I am not sure my husband knows I have shares in the post office now, but I think he would whole-heartedly support it, and he supports what I am doing!
Look at Digital2k's amazing number at the front of this thread, now that is inspiring!!! Come on folks, let's get crazy on this!!! :)
Guys this is great, we can all ask our friends and colleagues to sign letters and we can all secure them by paying for the stamps ourselves. I am not sure my husband knows I have shares in the post office now, but I think he would whole-heartedly support it, and he supports what I am doing!
Look at Digital2k's amazing number at the front of this thread, now that is inspiring!!! Come on folks, let's get crazy on this!!! :)
wandmaker
03-20 07:47 PM
I have got an RFE for 485 application. USCIS is asking me for Employment Letter, Paystubs and W2 for the employer I NEVER worked. (I have typed exact message below)
*
This is my situation-
I worked for 'Employer #1' from Jan-2000 to Jan-2005
Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
*
However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
*
Please advice-
1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
2) Would you consider this as simple case or complicated?
3) Should I hire attorney? (I self filed my 485 in July-2007)
*
*
This is the exact text - (changed Employer names)
Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s
Thank you for your time and help.
Ask your attorney to write a letter in response to RFE and explaining the situation you never took the job with employer X though the H1B transfer or new is approved, this will clear the query of USCIS. One catch, you should have maintained a continuous employment with #2 and demonstrate the same to USCIS. Good luck!
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, so there is no question that you recent h1 is valid and past is invalid. Get an attorney, Good weekend
*
This is my situation-
I worked for 'Employer #1' from Jan-2000 to Jan-2005
Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
*
However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
*
Please advice-
1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
2) Would you consider this as simple case or complicated?
3) Should I hire attorney? (I self filed my 485 in July-2007)
*
*
This is the exact text - (changed Employer names)
Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s
Thank you for your time and help.
Ask your attorney to write a letter in response to RFE and explaining the situation you never took the job with employer X though the H1B transfer or new is approved, this will clear the query of USCIS. One catch, you should have maintained a continuous employment with #2 and demonstrate the same to USCIS. Good luck!
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, so there is no question that you recent h1 is valid and past is invalid. Get an attorney, Good weekend
reddymjm
06-15 09:58 PM
Understood every point of yours & I stand by what you said except for the language as it could have been a bit better. Regarding EB3 or EB2, maybe IV should work attaching a provision as part of its CIR work, which makes USCIS determine whether a candidate is in EB3 or EB2 based on the PERM & 140 instead of letting companies & attorneys mention it. If this happens the process will be much better as USCIS controls the categories & applicants do not need to beg a company to throw them into an EB2 basket or EB3 basket. Also, applicants can have certain amount of freedom from the companies.
When a process is flawed, there is always room for abuse. Of course, the abuse might be minimal, but when we see people with masters & 15 years of experience toiling in EB3 category it pains my heart. It is a fact there could be lesser qualified inidividuals who are in EB2 category, but the companies have managed to use these to hold the employees as hostage.
Hopefully USCIS someday understands this and takes control of assigning applicants into categories than asking company & attorney to mention.
Just sharing my two cents. Also, frustrations from EB3 should be tolerated by IV members, instead of beating them with "red dots". Because if we request members to put their time and effort then it would be mostly EB3 members as they are the "worst" affected. I am sure every year between july-sept most of EB2 members will do bulletin-watching & there is nothing wrong in it.
Next year by this time only EB3 will be here and I dont think many of the EB2 will even bother to read the forum. God bless EB3. Even for those guys with PD in 2003 if you think that you will be lucky in year or two, try buying lottery tickets too. You might win a jackpot.
Good Luck guys...
When a process is flawed, there is always room for abuse. Of course, the abuse might be minimal, but when we see people with masters & 15 years of experience toiling in EB3 category it pains my heart. It is a fact there could be lesser qualified inidividuals who are in EB2 category, but the companies have managed to use these to hold the employees as hostage.
Hopefully USCIS someday understands this and takes control of assigning applicants into categories than asking company & attorney to mention.
Just sharing my two cents. Also, frustrations from EB3 should be tolerated by IV members, instead of beating them with "red dots". Because if we request members to put their time and effort then it would be mostly EB3 members as they are the "worst" affected. I am sure every year between july-sept most of EB2 members will do bulletin-watching & there is nothing wrong in it.
Next year by this time only EB3 will be here and I dont think many of the EB2 will even bother to read the forum. God bless EB3. Even for those guys with PD in 2003 if you think that you will be lucky in year or two, try buying lottery tickets too. You might win a jackpot.
Good Luck guys...
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