kshitijnt
07-29 03:09 PM
I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.
Any advice highly appreciated. thanks!
While I am not a lawyer, I would have a few questions:
1) Is your I140 approved?
2) How many years do you have on H1?
If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.
2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.
The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.
3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.
Depends on what is more important for you? GC or better opportunity? Only you can decide.
Any advice highly appreciated. thanks!
While I am not a lawyer, I would have a few questions:
1) Is your I140 approved?
2) How many years do you have on H1?
If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.
2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.
The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.
3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.
Depends on what is more important for you? GC or better opportunity? Only you can decide.
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chprav
10-24 09:47 AM
I've not get EAD and AP and been waiting for last few months. My wife got both EAD and AP. Is it good idea to call USCIS I/O about my status of EAD and AP? I applied for all 485/EAD/AP in june last week and got the notice on Aug 15th. Please check my signature for more information.
Please suggest me.
If I've to call, what is the procedure? Please let me know
Please suggest me.
If I've to call, what is the procedure? Please let me know
pmpforgc
02-07 06:29 PM
Hi
I am trying to book ticket for my summer travel to India and frusteted with knowledge of travel agents and airline peoples. My story is like this:
I have EXPIRED F-1 VISA STAMP, VALID H-1 APPROVAL , NO H-1 STAMPING IN PASSPORT, HAVE ADVANCE PAROL FOR REENTRY ( My family is also traverling with me with H-4 approval and AP)
I want your guidance : For going to India ( and coming back also !!)
(1) Which CITIES I can TRAVEL Through WIthout requiring TRANSIT VISA?
(2) Which AIR LINE OPERATES flights through these cities?
(3) what are the non-stop flight options available between US and India?
(4) Non-stop flights are cheap or costly compare to other one stop flights?
( I dont want to apply for TRANSIT VISA, I had already sent too much money on H-1 and GC process and traveling with my family so if I go for Transit visa it will cost me atleast 1000 $ extra !!!)
I want to go to AMD ( Direct or through BOMBAY if possible)
Also let me know any good knowledgable travel agents who knows rule and give good deal for India.
thanks for your help.
I am trying to book ticket for my summer travel to India and frusteted with knowledge of travel agents and airline peoples. My story is like this:
I have EXPIRED F-1 VISA STAMP, VALID H-1 APPROVAL , NO H-1 STAMPING IN PASSPORT, HAVE ADVANCE PAROL FOR REENTRY ( My family is also traverling with me with H-4 approval and AP)
I want your guidance : For going to India ( and coming back also !!)
(1) Which CITIES I can TRAVEL Through WIthout requiring TRANSIT VISA?
(2) Which AIR LINE OPERATES flights through these cities?
(3) what are the non-stop flight options available between US and India?
(4) Non-stop flights are cheap or costly compare to other one stop flights?
( I dont want to apply for TRANSIT VISA, I had already sent too much money on H-1 and GC process and traveling with my family so if I go for Transit visa it will cost me atleast 1000 $ extra !!!)
I want to go to AMD ( Direct or through BOMBAY if possible)
Also let me know any good knowledgable travel agents who knows rule and give good deal for India.
thanks for your help.
2011 Esto Es Para El Amor De Mi
GCSeekerCT
08-22 07:35 AM
Again, I thank the community here for being supportive and hearing me out.
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
more...
rbalaji5
02-10 01:19 AM
Thanks all for the very useful informations. Yes - I called the DI office today. As per their instruction, booked the infopass appointment for SFO. I will update the result soon.
wandmaker
12-19 01:23 AM
Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........
if you invoke AC21 means you have to use EAD not H1B......
AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.
EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".
if you invoke AC21 means you have to use EAD not H1B......
AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.
EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".
more...
h1bnogc
07-13 08:27 PM
thanks raysaikat for your response.
In your opinion, F1/F2/B1/B2 is not option to keep GC process alive.
I can not apply 485 if I am in India.
please tell me what are options then? Any Senior member or Attorney, please respond to this query.
thanks!
In your opinion, F1/F2/B1/B2 is not option to keep GC process alive.
I can not apply 485 if I am in India.
please tell me what are options then? Any Senior member or Attorney, please respond to this query.
thanks!
2010 Es para el amor de mi vida.
amslonewolf
05-11 02:06 PM
http://www.visalaw.com/teleconform.html
Please post and email this question at the above teleconf..
I already did.
Please post and email this question at the above teleconf..
I already did.
more...
gcpool
08-30 01:48 PM
The USCIS looks at the EAD eligibility option. And that option is there as I-485 applicant. (also this is a must field on the EAD application online where as the visa status is not)
But on the current visa status there is no option saying that you are an adjustee and so the CS person (She was not sure) said that visa status considered is the last applied visa status. So if you were on H1B its better to put H1B. I also saw this on a website somewhere.
But on the current visa status there is no option saying that you are an adjustee and so the CS person (She was not sure) said that visa status considered is the last applied visa status. So if you were on H1B its better to put H1B. I also saw this on a website somewhere.
hair para el amor de mi vida.
sandy_anand
08-11 02:06 PM
Good post, gave you green! Wish people would come forward to donate and/or volunteer.
more...
loudoggs
07-31 07:34 PM
Good for you...the tracking number and print out should work...
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.
hot para el amor de mi vida. va
Refugee_New
01-26 07:56 PM
Folks,
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
You are right. When the dates are U, processing dates become Current and vice versa.
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
You are right. When the dates are U, processing dates become Current and vice versa.
more...
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webm
06-09 02:50 PM
"Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..
tattoo para el amor de mi vida
newbee7
07-05 11:56 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
Yes, if USCIS makes the dates current again it will be a great help.
But unless we try to get the visa numbers increased we might still have to wait for SEVEN or more years in "same or similar" job.
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
Yes, if USCIS makes the dates current again it will be a great help.
But unless we try to get the visa numbers increased we might still have to wait for SEVEN or more years in "same or similar" job.
more...
pictures para el amor de mi vida
paskal
07-18 12:18 AM
there are 20,000 here
and more of us around on blogs like immigration portal and siskind-ilw
IF: everyone would sign a petition to TOYOTA- the Lou Dobbs sponsor (copy to CNN) stating in no uncertain terms our displeasure with their relationship to a hate monger, and threatening a boycott- believe me it would make waves.
BUT: How many will sign with their real names? How many will sign at all?
we have been traditionally fearful and resistant to stepping out of the shadows. the question is - after a successful campaign that helped bring USCIS to it's knees, has something fundamental changed in enough of us?
IF so, then there is hope for an idea like this.
and more of us around on blogs like immigration portal and siskind-ilw
IF: everyone would sign a petition to TOYOTA- the Lou Dobbs sponsor (copy to CNN) stating in no uncertain terms our displeasure with their relationship to a hate monger, and threatening a boycott- believe me it would make waves.
BUT: How many will sign with their real names? How many will sign at all?
we have been traditionally fearful and resistant to stepping out of the shadows. the question is - after a successful campaign that helped bring USCIS to it's knees, has something fundamental changed in enough of us?
IF so, then there is hope for an idea like this.
dresses para el amor de mi vida. Para El Amor De Mi Vida; Para El Amor De Mi Vida
mheggade
05-08 03:15 PM
My opinion:
Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.
Giselle Bundchen is worth half a billion dollars or somewhere in that range.
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Well I agree that professional modeling work is lot harder than it appears.
<sarcasm> And I am also sure school kids can write excellent java programs , if the requirement is to write a Hello World programme.</sarcasm>
Btw , I work in Java technology and My view is Genuine Java programmer's are "highly skilled".
Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.
Giselle Bundchen is worth half a billion dollars or somewhere in that range.
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Well I agree that professional modeling work is lot harder than it appears.
<sarcasm> And I am also sure school kids can write excellent java programs , if the requirement is to write a Hello World programme.</sarcasm>
Btw , I work in Java technology and My view is Genuine Java programmer's are "highly skilled".
more...
makeup para el amor de mi vida. para el amor de mi vida; para el amor de mi vida
somegchuh
10-31 05:26 PM
Thanks everyone for the input. Does anyone know if they issue the renewed EAD starting at the end of the current EAD or does the renewed EAD start on the day the case gets updated? If the answer is latter then I don't want to bother pushing the lawyer (not that they care anyways ;-)
my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.
my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.
girlfriend PARA EL AMOR DE MI VIDA
rghrdr777
10-27 11:15 AM
I got the same response about AP (same RD), approved Oct 17, not received yet.
Please let us know if you receive it. Good luck.
My lawyer received our AP's yesterday. They sent me a photocopy. Even though the TSC IO said that my application was approved on 10/17/2007, the travel document has a date of 10/11/2007. Good luck to you.
TSC (Sent to NSC. Got transferred to TSC)
RD: 06/25/2007
ND: 08/01/2007
EAD Self Card Received: 08/23
EAD Spouse Card Received: 08/25
FP done for myself and Spouse: 09/06
Name check initiated on 08/09/2007 and is pending
AP: Approved 10/11/2007 received by attorney: 10/27/2007
GC: Waiting
Please let us know if you receive it. Good luck.
My lawyer received our AP's yesterday. They sent me a photocopy. Even though the TSC IO said that my application was approved on 10/17/2007, the travel document has a date of 10/11/2007. Good luck to you.
TSC (Sent to NSC. Got transferred to TSC)
RD: 06/25/2007
ND: 08/01/2007
EAD Self Card Received: 08/23
EAD Spouse Card Received: 08/25
FP done for myself and Spouse: 09/06
Name check initiated on 08/09/2007 and is pending
AP: Approved 10/11/2007 received by attorney: 10/27/2007
GC: Waiting
hairstyles para el amor de mi vida.
ashkam
09-11 08:32 AM
In my case, my I-797 approval document itself specified which consulate I had to go to, which was Mumbai. In such a case, this consulate is notified of your H1B approval and you cannot go elsewhere for stamping. Of course, this was 8 years ago so things might have changed.
rb_248
10-19 04:27 PM
Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.
I moved out of state. I owned a home and it took a while to sell. So I stayed at a temporary facility. So effectively I retained the same address. But, we got the cards just before we sold the house. So the answer to your question is No I did not inform USCIS. But, I had a justification not to inform the USCIS.
I moved out of state. I owned a home and it took a while to sell. So I stayed at a temporary facility. So effectively I retained the same address. But, we got the cards just before we sold the house. So the answer to your question is No I did not inform USCIS. But, I had a justification not to inform the USCIS.
Eveready
07-10 09:37 PM
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
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