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Written By muthmmuuuaaanniish on Tuesday, June 14, 2011 | 2:22 AM

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  • adibhatla
    10-09 04:18 PM
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  • windycloud
    02-01 11:08 AM
    Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.

    With all due respect, this is a bit of a self-serving exaggeration don't you think? Unemployment will be a thing of the past if they give all of us greencards? I trust many will buy properties and start businesses but enough to fix unemployment entirely??? Trust me I want my GC as badly as the next guy in line. But if we start warping facts and reality to make claims and statements in benefit of our own interests, and even worse if we actually BELIEVE in them, we'd no longer be fundamentally different from those gun clinching, Jesus loving, Obama hating rednecks of this country. We are far better educated than those average Joes and let's try to think, talk and act like it.





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  • spicy_guy
    10-21 06:42 PM
    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!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?





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  • meridiani.planum
    10-19 08:46 PM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    if you go back to your home country without a job, and you get an RFE for an employment verification letter, how are you going to respond to that?
    Also note that earlier most RFEs had a response time of 12 weeks, starting from a few months ago the IO has the discretion to choose the response time. So for something like an EVL (which he would assume you can provide within a few days) you might only have a response time of 4 weeks... Also, its not necesasry that you get the RFE only when your PD is current, USCIS is continuing to process cases, and you can get an RFE even if your date is not current...

    As some posters have mentioned, travel on AP has also troublesome for some people. No one that I know of has been denied entry, but IOs at some port-of-entries have insisted that travel on AP should be only for emergencies. Again, its just harassment due to unclear policies, no one that I know of has been denied entry.



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  • Sunny33
    12-28 02:25 PM
    Some times airline people don't even bother to collect the I94. It happend to me twice and I still have those old I94s. I think they will just collect it if you have it on the passport. They will scan your password for your depature entry which is more important. I think you should have not any problem.





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  • dilbert_cal
    04-26 12:21 AM
    WillGetGC2005

    Alright my last understanding was wrong.

    So to recap what I understand :-

    You have a PD of 2002 in EB3. Have approved I-140 and pending 485.

    What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.

    Since you have a 485 filed, why would you want another 485 ?
    Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
    If you convert your case to EB2 which is current, you may have your actual GC much sooner.

    Now to your question - what happens if the old employer revokes I-140.

    I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.

    If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)

    Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )



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  • jsb
    09-24 01:00 PM
    cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)

    Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.

    You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).





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  • sam_hoosier
    11-12 03:44 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.

    You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.



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  • sravankind
    01-08 05:35 PM
    Hi Guys
    I know somany experts in this Forum

    I am some problem becoz of desi company

    I am working for Company A I applied GC from Company B

    I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

    please help me

    I have problems which everybody can understand wht problems with desi company





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  • kprgroup
    02-01 11:30 AM
    Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years H1 extension until 2013.

    Thanks Everyone
    KPR



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  • gc_chahiye
    11-11 12:51 PM
    Please check this post by murthy on Non 09, 2007

    http://www.murthy.com/news/n_nupush.html

    On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.

    Any IV updates on this ?

    Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?

    slightly offtopic:
    Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
    This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
    http://immigrationvoice.org/forum/showthread.php?t=14821

    visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)





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  • j0se
    08-19 05:58 PM
    see, i would never think to break a graphic apart. in fact: i don't. i just import something, convert it to a symbol and that's it.

    ah, well maybe that's why i'm a newbie!!

    well, i'll give it thought next time and break things apart to see what can be gained
    :)



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  • vivache
    11-06 03:26 PM
    Does bad credit history or defaults affect getting a job?
    Any ideas?





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  • stones
    07-08 05:33 PM
    Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.


    In my Internationa office ther gave me this email

    # On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
    # 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
    # On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
    # On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.

    Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
    make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
    you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
    we recommend that you speak with an immigration attorney immediately to review your options.

    I have attached a list of recommended immigration attorneys.

    If one of the recommended immigration attorneys provides information in regard to your situation that would be
    helpful in our response to the second RFE. Please forward all information by July 20th.

    Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
    H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
    where you will obtain your visa at so we can provide USCIS with this information.



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  • pappu
    08-05 01:30 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)





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  • gc03
    09-07 01:56 PM
    I am on H4 visa. Applied for 485 in june 2007 and got my EAD and AP last month.

    Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
    He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
    I didnot sign any agreement with him.
    Note: H1B not started yet. It will start from oct 1st.

    What is the H1 cancellation form/letter?

    Does it have any impact on my Green Card Process? Please Advise.

    Thanks for any replies



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  • indian111
    07-28 07:47 PM
    It takes roughly 20 business days. We just got ours.

    Hi Sumkam,

    Can you let me know if you e-filed or paper filed?

    Thanks





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  • sunny1000
    10-09 07:54 PM
    I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.





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  • Eternal_Hope
    04-22 03:55 PM
    This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.

    If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.

    ----------------------------------
    I think I will change my ID to "(Non)Eternal_Hope"





    bestia
    07-17 02:48 AM
    cover letter doesn't matter. they don't want it, more over you made officer read extra page of stuff... :) creating backlogs :)





    kumar1
    04-16 02:05 PM
    quote



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