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  • edifier
    07-23 07:40 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...





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  • jsb
    09-16 03:20 PM
    Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?

    There is no such true limit. The essence is that the sponsor should have had genuine need to employ you at the sponsoring time. Circumstances can always change. For example, AC21 allows people to move to different employer after 180 days of filing. If there is nothing to indicate fraudulent intent everything is good.





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  • Student with no hopes
    01-24 09:40 AM
    Hello,

    Here is my situation.


    - I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)

    - I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.

    - Now I cant go back to US to file my 485. My company is still offering to help me on my GC.

    I'm still reeling from the shock of my H1B denial. What are my options now?

    Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?

    Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?



    Can anyone point me to some online materials detailing CP.

    Thanks in advance.

    I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
    This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?





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  • krishnam70
    11-20 03:51 PM
    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
    Regards,

    Right on the money.



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  • ameryki
    04-20 10:11 PM
    I am almost certain your friend has lost his H1 status. In other words if he reapplies for H1 he goes back in the que (lucky draw)





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  • OLDMONK
    07-18 02:05 PM
    If Skill Bill passes eventually, won't EB2 be beneficial over EB3.

    I used my EB2 (jan 2006) over EB3 (March 2005)



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  • keepwalking
    05-14 03:23 PM
    Thank you very much for your prompt reply.

    You mentioned your friend has added his wife to his green card application. Can you please let me know which Center (Texas or Nevada) is processing her I-485.



    You are right. It would take approximately 9-12 months before she can get her GC. A friend of mine in the same situation. He added his wife to the GC application last year when PD was current. He got his GC in August 2010, but his wife is still waiting for the GC. It all depends on 485 processing dates and FBI name check etc....but she will get EAD/AP in few months....





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  • NikNikon
    November 30th, 2008, 09:21 PM
    Us Nikonians will enjoy having you on our team Owen. ;)



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  • eb3retro
    12-17 01:36 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced


    for gods sake, pls put proper heading for new threads.





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  • bluekayal
    05-14 04:47 AM
    google "follow to join"



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  • number30
    03-14 06:17 PM
    Hi Attorneys/Seniors,

    Application Type:H1 Transfer(Premium Processing)
    Processing Centre:VSC
    FedEx Delivery Date:03/04/2010

    Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.

    Please help me regarding this.

    Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
    How soon we receive the receipt no in premium processing case.
    Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
    Please help me

    It is better to send regular check . In that case you will know if USCIS is en-cashed check . Also this check contains receipt numbers in most of the cases.





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  • desi3933
    09-25 03:22 PM
    Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?


    >> Will USCIS expect I-94 which is not older than 6 months or something like that?
    No. Just submit your latest (expired) I-94 along with copy of current EAD card. This will show that you are in status. Your lawyer should know this.


    *** Not a legal advise ***

    ____________________________________
    Proud Indian-American and Legal Immigrant



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  • alterego
    11-11 09:22 PM
    both the parties have decided not to touch immigration at all this year (till elections) they have decided against any increase in any numbers (h1b's, GC's) etc, so much so that the senate are requesting chertoff (homeland security secretary) to increase the OPT time for international student to 2.5 years so they can temp overide the h1b jam.


    Did you hear Sen. Grasley last week? There are many bills to be concluded before the end of the year. There is a lot of pressure from corporate America right now. The US economy can ill afford to alienate capitalists at this juncture.
    There are also other skill sets like Medicine, Nursing and other areas where there are well documented shortages, the issues of these fields have been held up in the overall debate over H1bs. Legislators are aware they have to address these also.





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  • Legal_In_A_Limbo
    01-14 06:10 PM
    The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.

    Thanks.

    Even the handbook also does not talk about anything.
    Any other place i can try to get information from except talking to someone in my company.



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  • moonrah
    07-23 11:32 AM
    Yes that is correct.





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  • ashkam
    03-24 11:57 AM
    Banks send you the 1099-INT form which is allowed on H1B. This is different from the 1099-Misc form google sends you (http://www.adsensetaxes.com/) which makes Adsense a business income. That is not allowed on H1B.



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  • arsh007
    02-28 12:08 PM
    I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.

    One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.

    Please see the link for additional information:

    http://www.immigrationportal.com/showthread.php?t=196367&page=54





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  • h1techSlave
    04-09 01:41 PM
    After reading "Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics." in the Time article, I have not much hope in getting a GC in the near future.

    If the Democrats agrees with the Republicans and passes any meaningful CIR, then the whole credit would go to Bush and Co. It would make the Republican campaign very easy for Bush.

    If I were a Democratic Senator, I would do every thing to block any CIR from getting passed.

    With the record number of H1 applications recently, we can also expect that they would put serious limitations on H1, claiming that the whole thing is misused.

    Apparently, the whole thing is hugely bad for America. It is not just Indian politician who can destroy their own country, American politicians can also do a fantastic job of destroying their country.

    I feel sorry for my kids, who are US citizens by birth.

    Cheers,
    H1techSlave





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  • JazzByTheBay
    08-08 05:54 PM
    In the same boat...
    --

    PD: 03/08/2006
    RD: 07/02/2007
    ND: 08/10/2007
    Transferred from CSC to NSC: 09/05/2007



    Oops - I am also in same boat:(.





    amitps
    09-23 09:32 PM
    I am a 7/27 filer and my checks got cashed on Friday. So, do not worry there are a lot of people who have not got their notices.





    SlipperyGC
    03-28 06:26 PM
    Maybe this is something we can propose.



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