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  • makemygc
    06-12 07:38 PM
    See my response below:-

    My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:

    1) Can I change the employer after I get my 3 year extension on H1 ?

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
    Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.

    I really appreciate your valuable inputs and help me out.
    Thanks a lot!

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  • ayaskant
    02-01 10:20 AM
    Thanks kanshul for ur reply. What is your suggestion for me.
    Should I stick onto my current employer.
    Do you have any clue when will be the date current for me.Any chance in this year?
    My clients have made my life hell forcing me to join in the company as permanent.

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  • chanduv23
    11-17 09:40 AM
    I got mine using EAD last year at Baytown, TX - I would say, it is one of the coolest DPS in Houston. All they need is your EAD and old license.

    The license would state that you are a temporary visitor and your status expires the day your EAD expires. Around the EAd expiry time, you get a notice that your drivers license will be invalid if you do not update the DPS with your new status information.

    I got greened in September, but still using the same old license as it is valid till September 2011.

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  • popoye
    08-20 02:07 AM
    Or is it only for EB3


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  • stucklabor
    02-24 05:21 PM
    Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%

    That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!

    Am I reading it right?

    I believe that the visas made by cannibalizing EB1 and EB2 will go to the EB unskilled worker category. It would be terrible if the quota is not increased, if advanced degree+3 year people are still subject to the quota, but if the visas are reallocated.

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  • shaileshkaria2525@hotmail
    09-19 11:30 PM
    I want to share the experience of one of my friends who recently went for visa stamping.

    He went to Mumbai Consulate with his family for H1B and H4 visa stamping on 08/25/2009. Here are his basic details.
    *He got his H1B approved through October 2011.
    *He has his GC process on.
    *He had originally come here on B1B2 visa about six years back and got the visa converted into H1B visa.
    *His current employer is his third change of jobs and have been with this employer for the past 3 years.
    *He has his I 140 approved for about a years time and has EAD, and AP valid through October 2008.
    His Experience
    Their appointed time for visa stamping was 9.00am and their turn came at about 11.00am.The Visa Officer asked my friend routine questions about how he got his first job and he answered exactly as his lawyer had advised. The VO asked him questions about his current employer, what the company was doing, how many employees did the company have et al. She asked him a specific question as to why he went to the US first and why his family joined him later initially although they got the B1B2 visa together. To this he replied that his sons were students in India and they had their terminal exams in September back then.

    Then she asked him as to whether he had his credentials with him. He showed her his degree certificates as well as copies of his membership certificates of Chartered Accountancy. She looked at all the originals and then conveyed to him that there were inconsistencies on his certifacates with his original B1B2 visa application and that she will call them later. My friend gave her a copy of his credential evaluation for all the degree certificates.

    They were stranded at the consulate for another two hours when another VO announced their names. She was an Indian lady who asked him a silly question about CA institute and as to why he did not mention the name of the city where the institute belonged to. My friend replied that it was an all india institute head quartered in New Delhi. He also conveyed to her that he had given them a copy of his membership as a fellow ( CAs receive the membership certificate as a fellow after they complete public accounting practice as an accountant for five years). She then conveyed to him that she will call him later if required. After about one and half hour further the original visa officer called their name and conveyed to them that there was some further investigation needed to be done on their case. Gave them a yellow letter that stated that he will get an e-mail from the consulate office and they do not need to come back. She gave four VFS envelopes for all of them and asked my friend to wait for the e-mail. She told him that there was nothing to worry about in his case bla bla bla...

    My friend and his family had their tickets booked back to US on 08/30/08 from Mumbai. He called his lawyer in US and sought his advise. The lawyer advised that ideally my friend should wait for the e-mail and extend his stay in India. To which my friend replied that he had already availed three weeks of vacation and that he needed to go back to US. They waited with baited breath for the e-mail from the consulate that never came. My friend meanwhile managed an e-mail from his boss that asked him to resume his work on Monday September 02, 2008.

    They took the risk and came back to LAX on 08/31/08 and did not encounter any problem using their Advanced Parole documents.

    This morning my friend received an e-mail from the Consulate Office in Mumbai that stated that the administrative process for the non-immigrant visa application on his case had been completed and asked him to come at the Consulate on any working day in the morning with yellow letter, VFS envelope, and documents pertaining to visa application. But the last sentence on the e-mail read as under, " Personal appearance is required. Please carry a copy of this email for ready reference."

    Gurus! anybody with previous experience like this please share your experience that will help my friend decide as to what he needs to do!


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  • ilikekilo
    04-17 04:11 PM
    bbct & vin13,

    Thanks for all your feedback.

    I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
    It can not be interchanged since the forms and procedures are different.

    Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.

    We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!


    Sorry looks like it didnt work out for you..

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  • senthil1
    09-09 12:29 AM
    Words in CIR are supporting high skilled. At the same time Schumer mentioned that they will not allow companies to replace Americans with lower wage foreign workers. You can easily get the meaning of it. First CIR need to be introduced. And it needs to seen What CIR will offer for high skilled immigrants. Many lobbying groups waiting with laundry list of demands for them. Basically every group wants unlimited guest workers and green cards. Someone in congress has to take leadeship initiatives without politics and without any bias. Then only CIR is feasible

    I see some words 'brightest', and 'high-skilled'. Who is classified as 'brightest' and 'high-skilled'?
    Can EB immigrants expect something out of CIR?


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  • ChangingJobs
    06-29 10:27 PM
    Here is my situation:

    - I have a valid H1B and EAD through Employer A. My current status is H1B.

    - I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:

    1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.

    2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.

    Your answer will be very helpful for me to take the right decision.

    Thanks in Advance

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  • GCBy3000
    07-22 03:42 PM
    You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.

    Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.


    You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.


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  • PD_Dec2002
    06-12 07:56 PM
    evl is employment veriication letter
    My new employer does not do any type of sponsorship and I was going to go to the previous employer, but they are not doing very good now:(

    So if I understand you correctly, you filed your I-485 while you were working for the new employer, but got your old employer to give you the evl so it would appear as if you are still with the old employer?


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  • raydhan
    03-19 04:21 PM
    I guess OKies are lazy guys. Please post your details so we can help do some more than just benefit from the efforts of others assuming Lady Luck would eventually smile anyway so why bother her now!

    Email me at raydhan@hotmail.com



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  • sobers
    02-24 12:36 PM
    ragz4u, ...you pipped me to the post..hehe..:)

    Thanks, this is very informative!

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  • desi3933
    07-13 12:28 PM
    I did not generate. The employer did, but I paid the taxes due 925% + 12.5 % employer tax)

    So you "paid" taxes, could you please explain how it is legal?


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  • desi3933
    08-18 09:12 AM
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:
    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)


    Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."

    The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.

    I have written many times on this issue, please refer to my old posts for more details.

    Not a legal advice.

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  • chanduv23
    09-14 10:32 AM
    Please allow me to answer your question when I see you in person.!:o



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  • rayen
    05-06 06:04 PM
    Case: H1B transfer Denial

    One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
    Can he go back to previous employer ?
    Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
    Please let me know it is kind of urgent...

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  • vvpandya
    11-05 05:20 PM
    Any one with july 3rd recvd date at NEBRASKA recvd AP?

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  • tabletpc
    04-06 07:59 AM
    Can anyone please give me some suggestions..

    My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.

    Also please let me know what forms I need to complete before going to india.

    Your suggestions are appreciated. Thanks

    08-18 12:40 AM
    Dear Attorney,

    I live in boston and come under Texas service center, my I-140 was approved from texas.

    But my pending 485 was sent to Nebraska Service center.

    I am now trying to file EAD application,

    I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).

    My RFE's have come from nebraska only.

    So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.


    04-02 03:49 PM

    My husband and I submitted I-485 last year (I am not currently working). He already got the green card and mine is still pending. I've got my Advanced Parole in hand. We plan to visit Canada in May . I'd like to ask someone in similar situation regarding applying a temporary resident Canada visa.

    On the column 8 of the 5257 Form "Applicant for a temporary resident visa made outside of Canada", "Immigration status of applicant in country where applying", which optioin should I pick? (Permanent Resident?) What date should I put in the box "valid until"?

    When mailing the visa application, which supporting document should I send? Only the AP and I-485 receipt?

    Anyone with similar experience could give some advice?? Thanks very much!!!