krishna_brc
05-30 07:11 AM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
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eb3_nepa
04-13 10:46 AM
Will IV be trying to campaign/lobby against the 180 day delay?
paskal
06-11 11:59 AM
what exactly is your question?
there are no versions. the official text of the new proposal is on the main page and iv's official position is clearly posted too:
http://immigrationvoice.org/media/forums/Immigration_Voice_position_on_Draft_S1348.pdf
there have been amendments since, most of which are nothing to do with us barring (dis)honorable exceptions like senator sanders' money grabbing scheme.
there are no versions. the official text of the new proposal is on the main page and iv's official position is clearly posted too:
http://immigrationvoice.org/media/forums/Immigration_Voice_position_on_Draft_S1348.pdf
there have been amendments since, most of which are nothing to do with us barring (dis)honorable exceptions like senator sanders' money grabbing scheme.
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logiclife
04-15 06:54 PM
I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
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txh1b
08-18 12:21 PM
To be safe, do it even if you get an attached I-94 as you began working. You never know what sort of a minor infraction can lead to a huge trouble later on. Good luck!
alterego
03-24 07:53 PM
Well done Mark, I think you presented our case very well.
There are a lot of stereotypes and misunderstandings of the facts around this issue.
It makes me realise just what a disservice those like Lou Dobbs and his ilk do to both the debate over this issue as well at to the future of this country that those like us can only benefit.
Ron Hira though he is wrong on his position can atleast acknowledge the need for more green cards. The extreme right is just fundamentally messed up in their head, and would gladly go back to becoming Hamish in the city!
There are a lot of stereotypes and misunderstandings of the facts around this issue.
It makes me realise just what a disservice those like Lou Dobbs and his ilk do to both the debate over this issue as well at to the future of this country that those like us can only benefit.
Ron Hira though he is wrong on his position can atleast acknowledge the need for more green cards. The extreme right is just fundamentally messed up in their head, and would gladly go back to becoming Hamish in the city!
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mundada
07-12 09:50 AM
This definitely is related to CIR!
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gc_bulgaria
02-12 02:40 PM
http://www..com/discussion-forums/i485-1/28005017/
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
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looivy
12-03 03:24 PM
Thanks for the update. I have an appointment at Nogales in mid-Dec.
Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
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guyfromsg
07-17 11:09 PM
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
Thanks for the link. My lawyer didn't explain clearly why he filed in Texas. This document says even though direct filing is effective July 30th you can still file to the appropriate service center. I reside in GA and so TSC is the right one. Thanks again.
Thanks for the link. My lawyer didn't explain clearly why he filed in Texas. This document says even though direct filing is effective July 30th you can still file to the appropriate service center. I reside in GA and so TSC is the right one. Thanks again.
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arihant
12-02 10:54 AM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
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gesfox
03-26 09:51 PM
okies, add me please.. thanks!
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cagedcactus
04-06 11:05 AM
while it is good to hear from USCIS, who pretends to be running smooth in law makers' eyes, it is also disappointing that nothing is being done to resolve. Numerous amounts of attempts have been made by pro immigration parties, but nothing has passed that can help the cause immensely. They just continue to run as they feel necessary, and regardless of how many senetors I have met, the outcome has been same. Lots of promises and no action.
This is huge moneymaking machine for USA that will continue to be so. Why the heck would they jeopardise their income on EAD and AP renewals? :rolleyes:
we are in for long ride.... have been in for a long time, and it is just getting longer....
This is huge moneymaking machine for USA that will continue to be so. Why the heck would they jeopardise their income on EAD and AP renewals? :rolleyes:
we are in for long ride.... have been in for a long time, and it is just getting longer....
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gc_chahiye
08-05 10:58 PM
this number has been thrown around a lot
per uscis as of July 27 they had 75K pieces of mail
so maybe 125K applications including families.
this will increase a bit, so let's say 175K or 200K
still quite different from 700K
per that visa bulletin preediction mail from Jan Pedersons lawfirm USCIS recevied 75k applications within 2 days of July. NOT by July 27th. Anyway will need to wait for USCIS stats to see how many they get by Aug 17th, but looking at how most lawfirms are still very busy with 485 filing I would expect a number midway between 200K and 700K (atleast!)
per uscis as of July 27 they had 75K pieces of mail
so maybe 125K applications including families.
this will increase a bit, so let's say 175K or 200K
still quite different from 700K
per that visa bulletin preediction mail from Jan Pedersons lawfirm USCIS recevied 75k applications within 2 days of July. NOT by July 27th. Anyway will need to wait for USCIS stats to see how many they get by Aug 17th, but looking at how most lawfirms are still very busy with 485 filing I would expect a number midway between 200K and 700K (atleast!)
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seba
02-08 12:41 AM
Arjun, thanks for clarifying those things. I have a couple of final questions before I book my trip if you could please help me again.
(1) My first H1B was valid from Oct 2004 to Oct 2007, and I got my stamp in Dubai. The stamp expired on Oct 2007. My second H1B is valid from Oct 2007 to Oct 2010, and I am planning to go to Halifax for the stamping. I have stayed at the same company all this time. Does "revalidation" include my situation?
(2) When leaving for Canada, they did not take your white I-94 card (stapled to passport) at the US airport. When arriving in the US, they replaced your old I-94 with a new I-94 at the US airport. Please confirm that all this is correct.
Thanks again. My company uses "immigration lawyers", but they seem rather incompetent, as many of you have experienced.
(1) My first H1B was valid from Oct 2004 to Oct 2007, and I got my stamp in Dubai. The stamp expired on Oct 2007. My second H1B is valid from Oct 2007 to Oct 2010, and I am planning to go to Halifax for the stamping. I have stayed at the same company all this time. Does "revalidation" include my situation?
(2) When leaving for Canada, they did not take your white I-94 card (stapled to passport) at the US airport. When arriving in the US, they replaced your old I-94 with a new I-94 at the US airport. Please confirm that all this is correct.
Thanks again. My company uses "immigration lawyers", but they seem rather incompetent, as many of you have experienced.
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kicca
01-25 10:49 AM
^^^
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jungalee43
12-11 11:01 AM
Very good catch. South Korea (& Philipines) falls under ROW and got a lot more EB3 visas than India. So if EB3 is born in South Korea, s/he would get GC in three years where as we are rotting for last eight years. The only reason is the country of birth. How unfair and discriminatory! Is this pre-planned?? And hardly any lawmaker is concerned. Hard to believe this is USA.
Country EB1 EB2 EB3
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Country EB1 EB2 EB3
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
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somex
05-19 12:13 PM
I think reapplying in two days is not a good idea. what makes you think that the consular officers would change their mind in two days? Now a days consulate wary on issuing visas. You need to have good justification (Documentation) before applying second time.
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
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sathishkrish
07-17 04:33 PM
i agree with you......dont demand..where have u been all these days coming today and asking IV for updated as they owe you...ofcourse bearing the fruits is not the only thing one can do they can contribute as well...will those new poeple who jpined in july will be willing to contribute to IV for fighting for our cuase GIBVE ME A BREAK
I think it is high time we need to set rules and roles for senior member alike - they are supposed to bring people to the group not the otherway around - We are setting a wrong precedence - A guy who has contributed more than you, can ask you to lay off ilikekilo, and that is not far away.
Anyways, Some of the members have become super stars by being here and wanting to do more so let seniors show the real attitude to freshmen.
Thanks for your understanding
I think it is high time we need to set rules and roles for senior member alike - they are supposed to bring people to the group not the otherway around - We are setting a wrong precedence - A guy who has contributed more than you, can ask you to lay off ilikekilo, and that is not far away.
Anyways, Some of the members have become super stars by being here and wanting to do more so let seniors show the real attitude to freshmen.
Thanks for your understanding
piyu7444
04-01 10:05 AM
Yes I was called for an in person interview and after the interview was told that the case is approvable. All the checks have been done and I just need a visa # to get the GC. I do not know how and why I was called for interview but I was the amonst the day 1 filer in July 2007. My application had reached on Jul 2 2007.
invincibleasian
01-31 12:28 PM
guys please quit all this begging. If yu guys need help do your research or contact an immigration attorney!
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