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  • techbuyer77
    06-20 11:20 AM
    File i-485 with evl from old employer as future employee. after 180 days invoke ac21 and switch to current (given both jobs are similar in duties and such)





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  • santb1975
    04-10 06:02 PM
    Together we can accomplish a lot





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  • logiclife
    06-09 11:06 AM
    Uptill 2001/2002 H1B transfer/extensions used to take 15 days to 1 month. Now they take anywhere between 4-8 months. You'll see once the premium I-140 comes into being. The regular I-140 will take forever. Premium processings have implications on regular processing. Basically they are discouraging people to file in regular queue.

    I disagree. The introduction of premium processing didnt slow regular H1B transfer down. H1B transfer was slow even before premium processing existed.
    It also depends on traffic. Some years, when H1 quota was 195K, obviously the number would slow people down.





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  • sledge_hammer
    02-22 12:46 PM
    By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.

    I think you should consult an attorney.

    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.



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  • vikrantp
    01-22 09:17 AM
    You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.



    Don't you need to be on their payroll before they file PERM? I am exploring a similar option but I thought you need to be on their payroll before the apply for PERM/I140?





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  • hindu_king
    04-23 11:49 AM
    I am planning to change my apartment next week. Its same city same zip code just different apartment complex (got a better deal). I am working the same job, same profile no changes since filing my 485 in Aug 2007. I also received a RFE in July 2008 (at that time my PD was current) it was for BC for which I had submitted an affidavit from my parents since the original was in local language. For the RFE I did an notarized translation of the doc and submitted it. They had also asked for updated EVL with supporting paystubs W2. I sent that and the application has been pending since.

    The question I have is will this address change trigger another RFE?. Does any one have any such experience?

    I changed my address twice recently in a short period of time. Same state but different zip codes. I did not get any RFE's. I already got an RFE in Oct 2008 before I moved. There were Soft LUDs on my applications both the times but no RFEs. I dont think change of address will trigger RFEs.



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  • mrdelhiite
    07-11 03:34 PM
    ^^^^^bump^^^^





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  • nk2006
    09-25 11:02 AM
    Good find - shows the plight of legal immigrants.

    A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".

    On the whole it shows the reality of legal immigration and its waiting times.



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  • MrWaitingGC
    05-22 04:58 PM
    What will happen in this case.





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  • breddy2000
    12-16 12:22 PM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    It quiet common that each office follows different rules.

    No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.



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  • kanakabyraju
    08-18 01:46 PM
    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?

    For 1. It happened to me before and I have requested the officer to consider my wife's interview too with me. In my case, wife's interview date was next day and the IO agreed.

    Good luck with the rest.





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  • pappu
    05-23 08:27 AM
    This question was asked yesterday and I answerd it on another thread. There are several such questions for which USCIS will have to issue a regulation to interpret the law when it passes.

    Please do not start new threads for every comment these days. Its tough to manage threads and it gets confusing. lets stick to CIR discussion and action alert threads these days for any comment and discussions we may want to do on CIR.
    Thanks



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  • feedfront
    09-14 02:06 PM
    Gr8 idea. I'm in..





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  • tnite
    06-26 10:09 AM
    what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US.
    what should we enter as last entry into us


    Then put the Vancouver visit as the last entry.



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  • jayram123
    07-18 07:34 AM
    DIGG THIS PLEASE:

    http://digg.com/politics/Government_Does_U_Turn_on_Green_Cards


    Dugg!:)





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  • deepakjain
    06-18 03:54 PM
    What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
    Thanks for your help.
    jignesh


    Better you send the documents on the same day you take the appointment while you are in US....send it with priority - 2 days and with receipt acknowledgement...you will get atleast 2 weeks time after you schedule your appointment. [It will always be a touch an go situation..better you send the documents through Fedex or UPS the same day you take appointment...62$ for sending the documents is much less then taking appointment again and going through the same process....

    Please visit VFS site and read all about Mumbai consulate...the rules at mumbai consulate are different from the other 4 offices



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  • Jerrome
    05-21 12:41 PM
    I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).

    We applied for her H1 in 2007 April, it got approved on September 2007.

    We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.

    We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.

    Her H4 approved on November 2008(but i was no more in H1).

    I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.





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  • gc_chahiye
    12-17 03:22 AM
    Team,

    Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.

    But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).

    I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.

    My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.

    1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?


    if your new employer revokes your I-140 before 180 days of your 485-filing, your AOS is gone.


    2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?


    you can file I-140, it does not impact AOS from B. In fact at this stage (assuming there was no fraud anywhere) if you simply wait 180 days past the receipt date of your I-485, even B cannot harm your AOS...


    3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?


    wait 180 days past your I-485 filing, then just do an H1 transfer to A. Using EAD is not mandatory.


    4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?


    you cna file a new I-140 with A, it does not impact AOS with B. Once htat I-140 is approved, you can even consider interfiling it into your existing 485, so your PD is automatically bumped up.


    5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?


    they can withdraw your I-140. That DOES NOT impact your AOS in any way.
    Wait 180 days, and you are safe from B.


    6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?


    typically nothing. In rare cases USCIS has gone back to look at previous petitions. If the reason your I-140 with A is denied also applies to the I-140 with B, they can go back and revoke that too. However its extremely rare from what I know.


    Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.


    just chill. The most critical thing at this stage is to allow teh 180 days to pass peacefully without getting your GC sponsor worked up.

    Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://www.niten.org.br/artigossensei/cafecomsensei/mai2007/killbill.jpg).





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  • crystal
    08-02 01:06 PM
    if you want to get something from India. I think DHL is ok so far for me. But make sure that you are shipping it from the DHL main center .Never ever do it from normal (shop)braches as they would take their own sweet time to deliver them to main center.

    I was wanted to know what is the best way to get something from India, please share if you had any experience.

    thanks





    mermaid2084
    11-21 04:18 PM
    Thank you very much for your responses.

    I would appreciate if you could send me the contact details of USCIS. In addition I have the following concerns:
    - Will I be allowed to move back to my country with out I-94?
    - Will fileing I-102 help?
    - Should I make a police complaint regarding this?





    vidhyajagi
    08-16 03:17 PM
    You can still continue to work with current employer even you get another I-797 approved. But the Consulting company filed on behalf of you need to withdraw the petition. According to my knowledge the fee is non-refundable and attorney fees - (my attorney charge only after petition is approved)...So you have'nt paid attorney fees you can ask for discount.

    Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.



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