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Written By muthmmuuuaaanniish on Tuesday, June 14, 2011 | 12:04 PM

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  • tertip
    03-11 02:39 PM
    Hi All,

    EB3-ROW PD: June 6, 2005
    AOS application sent: July 1, 2007
    I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

    My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

    Thanks a lot for all your support!!





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  • sanjeev_2004
    10-04 02:03 PM
    Saeed,
    I 140 can processed through premioum process from last week.
    Can you tell what was state of filing your GC labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process. Though I got 45 days latter in March.

    sanjeev





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  • amoljak
    05-03 07:32 AM
    If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.

    You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.

    To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)

    So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.

    So pray that congress does not fix the retrogression problem until you get your three year extension :)





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  • roseball
    04-14 07:22 PM
    Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....



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  • sunny1000
    01-22 05:13 PM
    The below PDF link may be of assistance to you. You should contact the SEVP. Good luck.

    http://www.ice.gov/doclib/sevis/pdf/school_closed_17_student.pdf

    Below section may be relevant:

    6. If you have problems related to your enrollment with your current school and have not yet been accepted for transfer by a new school:
    a. Contact SEVP immediately by email at SEVIS.Source@dhs.gov if:
    • Your school discontinues the classes/instruction for which you have contracted
    • You are unable to contact school officials
    • Your school officials will not assist you
    Note: Students from the same school and acting as a group may provide a single report to SEVP about your situation.
    b. Provide SEVP the following information:
    • Family name
    • First name
    • SEVIS ID
    • Date of birth
    • Form I-94 number
    • Contact information, including mailing address, telephone number, and email
    • School name and address
    • Date you became aware of the problem
    • Description of the situation (a summary; 1-2 paragraphs)
    c. SEVP will assist you if you choose to enroll at another SEVP-certified school. However, the basic requirements for you to transfer or depart the United States remain the same as for all students, whether or not their school officials are supporting them.





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  • 485Mbe4001
    03-04 04:07 PM
    What about the thousands who lost 2-4 years because they were stuck in namecheck, now the name check is cleared but the dates will not move..frigging idiots..too little too late

    Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.



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  • needhelp!
    03-16 02:50 PM
    I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.
    Thnaks!
    Please fax/email if any of you get the responses.





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  • vivache
    09-19 01:46 AM
    "They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades."

    What does being a member mean?
    does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.

    Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)

    "Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
    Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).



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  • americandesi
    12-12 06:27 PM
    Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.

    I know a friend whose EB2-PD was in 2000. Guess what? He's a US citizen now :)





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  • saro28
    10-20 01:55 PM
    Not True, We submitted the Birth Certificate obtained from Indian consulate here in US and One of the GC got approved recently. In my opinion the Birth Certificate from Indian Consulate is sufficient



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  • monikainusa
    03-22 10:48 AM
    Thanks Sac-e-ten,
    My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...





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  • sreedhar
    08-22 01:35 PM
    Hello Guys...,

    I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.

    -Sree



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  • ramaa
    06-23 06:19 AM
    Could you please provide your input on this . Thank You.





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  • Nov2004
    08-24 06:18 PM
    can you please let us know some details. I am in the same situation.
    Nov2004, EB3, I140 approved and I485 applied.

    1. what happens to the present ead, after filing the new I140.
    2.After I140 do we have to apply for new I485?



    It took almost 3 months to get the approval. Key points:
    1. USCIS does not accept I-140 PP as the original Labor approval is not included.
    2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
    3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

    Hope it helps....Good luck



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  • HOPE_GC_SOON
    05-04 10:30 AM
    Hi Immi2006.

    Please help me understanding this..

    Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:

    Please enlighten me....

    thanks:)

    Folks,

    I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).

    It appears on rough estimates :

    2005
    EB1 - 4000
    EB2 - 26000
    EB3 - 39000
    2004
    EB1 - 5500
    EB2 - 32000
    Eb3 - 36000





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  • pak
    07-12 08:56 AM
    Please visit

    http://www.congress.org/congressorg/mailapp/

    enter your address to find the senetor of your area.

    Fill up your contact info.

    Paste the templet:

    I am a highly-skilled professional who entered this country legally. I've
    been waiting for my US permanent resident visa -also known as "Green Card"
    for the past several years along with 500,000 other educated, highly
    skilled employment based (EB) immigrants. Many of us have been waiting for
    our turn to get Green Cards for 5-10 years while consistently abiding by
    all the laws of this country. Such long delays are due to tortuous and
    confusing paper work, backlogs due to various quotas and processing delays
    at US Citizenship and Immigration Service (USCIS), other allied state and
    federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers were
    unavailable ("retrogressed") since the fall of 2005. For the past several
    decades, the US Department of State (DOS) has been publishing advisories
    known as visa bulletins once a month to announce the availability of
    immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
    DOS announced that all EB visa numbers would be "current" for the month of
    July. This meant, irrespective of our "priority date" (date assigned to us
    for our turn in the line for Green Cards), all of us were made eligible to
    apply for some interim immigration benefits. This "priority date" refers
    to the date when our labor certification (documentation verifying no US
    citizen worker was available for a given job) had been filed.

    Please note that 6/13 DOS announcement would not have led to immediate
    green card for most of us; but at least it would have ensured us interim
    benefits such as the right to travel and right to work for any employer-
    this was still a welcome change. Especially, for dependent spouses who are
    otherwise unable to work, this would have translated into right to travel
    and work without restriction and thus channel their energies positively.
    Several dependent spouses are also highly-skilled.

    Tens of thousands of applicants spent thousands of dollars in legal fees,
    immigration medical exams & vaccinations & getting various supporting
    documents ready to file our immigrant petitions to USCIS, at times
    inconveniencing our old parents in our home countries as well. It has been
    an agonizing two weeks for us. Some of us to had to fly in our spouses
    from our home countries or have had to cut short business trips. Hundreds
    of millions of dollars were spent by thousands of immigrants in
    preparation of their application. To our shock and dismay, on the morning
    of July 2nd 2007, USCIS announced that EB visa numbers were not available
    and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and
    disheartening experience. These are people that are in the country
    legally, paid taxes and followed all the rules.

    We sincerely seek immediate congressional/ legislative remedial measures
    which would (1)Reduce the enormous backlogs of green card petitions of
    legal skilled immigrants (2)Ensure and request USCIS not to reject our
    immigrant visa petitions filed in July and provide us interim benefits of
    a pending immigrant visa petition. We make this sincere request with the
    hope that people who played by the rules will be rewarded.

    Sincerely,


    XX

    You will receive confirmation from senetor's office.

    Thanks



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  • pagalladkino1
    07-28 06:55 AM
    i just lost my job and had an approved LC with that company. i have been extending my h1 for the past 3 years now. my i 140 was withdrawn when it was first applied as the company did not give all the information when my lawyer was preparing it the second time the company gave a lot of wrong information. my current h1 expirs in dec
    what options do i have ?





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  • immilaw
    09-17 11:44 AM
    Few things to remember
    1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.

    2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).

    3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.

    Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.

    I think people from India with post 2004 Pri dates should
    a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change

    b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.

    c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.

    d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.

    e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).

    Use this thread to post new ideas.

    I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.





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  • suratvoice
    12-17 10:56 PM
    Identify what is the job code in your LC and try to compare the new job duties in the similar category. If you happen to fall within the same group then you are fine. like within 15.****


    http://online.onetcenter.org/link/summary/15-1051.00

    Try to identify the job code of ur new job, then you will be able to compare.

    Hire an attorney before taking any major descisions.

    I looked it up and my current job is http://online.onetcenter.org/link/summary/15-1031.00

    And I did a search for software program manager and software project manager. These bring up the same job codes.

    What does that say????

    Does this mean that its ok to change jobs?





    raysaikat
    08-16 01:55 AM
    what has indian immigration officer to do with AP and US immagration.....

    You need to show the police officer in India before leaving for US that you have valid visa/papers to enter US. Otherwise I suppose they can stop you from boarding.





    knnmbd
    08-30 12:36 PM
    I read SKIL bill and it refers to "Exempts U.S.-educated professionals with advanced degrees". I Do not see why an online master degree does not fit in here. Maybe I am missing something :)

    This is an excerpt of Section 201.
    Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
    in the United States from the annual green card (i.e. immigrant visa) cap.

    All I was trying to say is that only "accredited" programs might be eligible, and I am not too sure how many online Master's fall in to this bracket, but not too many I guess, except for some of them offered from top-notch schools.

    Again, this is just speculation as no one has yet seen the nuances of the bill.



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