continuedProgress
01-15 10:01 AM
Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.
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up_guy
09-25 02:03 PM
Porting PD Imp Approach & Question
Background-
Working with employer A have approved labor and I-140 EB3 and have a copy of all documents. Also have an approved EB2 PERM with employer B.
My questions are �
1) Can I transfer my H-1B to employer B to file new I-140 using EB3 Priority Date using recently announced premium service and I will tell employer A that I am on vacation ?
If I get new EB2 approval with old EB3 Priority Date then I will resign from employer A
If I will get rejected new EB2 with old Eb 3 Priority Date then I will go back to old employer A that I am back from vacations
Since this is premium service so turn around time is less than 4 weeks. Less than 4 weeks is not that uncommon to go on vacation.
Any comments or risk of this approach
Background-
Working with employer A have approved labor and I-140 EB3 and have a copy of all documents. Also have an approved EB2 PERM with employer B.
My questions are �
1) Can I transfer my H-1B to employer B to file new I-140 using EB3 Priority Date using recently announced premium service and I will tell employer A that I am on vacation ?
If I get new EB2 approval with old EB3 Priority Date then I will resign from employer A
If I will get rejected new EB2 with old Eb 3 Priority Date then I will go back to old employer A that I am back from vacations
Since this is premium service so turn around time is less than 4 weeks. Less than 4 weeks is not that uncommon to go on vacation.
Any comments or risk of this approach
Berkeleybee
05-31 02:56 PM
berkeleybee,
this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.
thanks.
QT,
I sent the email out in Jan and much has changed since then.
I updated the text of Email Sample Format 2 in our resources section to reflect current developments. You could personalize that and use it instead.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
Thanks for your support,
best,
Berkeleybee
this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.
thanks.
QT,
I sent the email out in Jan and much has changed since then.
I updated the text of Email Sample Format 2 in our resources section to reflect current developments. You could personalize that and use it instead.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
Thanks for your support,
best,
Berkeleybee
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dealsnet
07-28 11:09 PM
I have got LUD on my AP (approved last year) on 7/27/08 (sunday).
My GC approved on 7/7/08.
I don't know any significance about this LUD'S
My GC approved on 7/7/08.
I don't know any significance about this LUD'S
more...
rb_248
09-05 03:33 PM
Congratulations!
Thanks. But, I am still not sure if I can start celebrating.
Thanks. But, I am still not sure if I can start celebrating.
stemcell
07-14 01:43 PM
Paskal/Pappu
Please update us if only the conrad 30 J1 waiver is being extended or if the conrad 30 improvement act is being suggested here?
Please update us if only the conrad 30 J1 waiver is being extended or if the conrad 30 improvement act is being suggested here?
more...
guitarzen
09-13 10:13 AM
still waiting for a reviews!
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eastindia
12-21 10:33 AM
I am all up for it & won't mind doing it all...
Thank you.
What is the strategy and action items?
If you detail it out, more people can be interested. Do not ask us to send junk emails or sign some useless online petition though in your action item.
Thank you.
What is the strategy and action items?
If you detail it out, more people can be interested. Do not ask us to send junk emails or sign some useless online petition though in your action item.
more...
kumar1
11-05 10:04 AM
For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.
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ttdam
11-05 06:03 PM
FP recd - 11/05
==========================================
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/12/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/19 from VSC. Received 10/29
AP - RFE for clear copies of PP
FP - Recd 11/05
==========================================
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/12/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/19 from VSC. Received 10/29
AP - RFE for clear copies of PP
FP - Recd 11/05
more...
mdipi
11-16 03:15 PM
thanks, i didnt know we could use pics...
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vhd999
02-04 06:27 PM
I guess it does not matter...I have sent USPS envelops.
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TO BE OR NO TO BE
10-21 04:19 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
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pappu
08-05 01:30 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
more...
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saibaba
12-05 12:55 AM
how wld I know abt all these codes..
do I need to ave access to my approved labour?..
my approved 140 doesn't have much details abt the proposed job instead it's is written as see labour for job requirements...
so where wld I get these codes?
do I need to ave access to my approved labour?..
my approved 140 doesn't have much details abt the proposed job instead it's is written as see labour for job requirements...
so where wld I get these codes?
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webm
12-17 02:35 PM
2001 - dot com bubble burst;
2008 - finance bubble burst;
.
Well said..:D
2008 - finance bubble burst;
.
Well said..:D
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rameshvaid
04-09 04:30 PM
I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
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Kumbakonam
11-09 09:11 PM
Hello,
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
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chanduv23
10-05 09:32 AM
People are going to Sikkim these days. Heard it is amazing. You can consider going to places like Andaman or Maledives or Nepal too.
hiyer31
01-26 11:35 AM
I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should NOT go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humongous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!
seahawks
10-31 07:36 PM
We are meeting tonight, looking forward to seeing all dedicated and active state chapter members..!
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