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  • Jerrome
    02-24 01:33 PM
    Company B can not apply based on EB1, They have to apply only in EB2 or EB3.

    To Join company b you have to use
    L1
    - not possible.
    H1
    - October 2009 possibly if you get your visa
    - Green card not in EB1
    EAD
    - Not assure. Depends on Labor, 140 then 485 filing
    Last option
    - Go to india work with them for a year and comeback in L1 and then apply on EB1 must be faster. Provided you get L1 to come here. I hear now a days they are rejecting L1s left and right.





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  • agv
    03-19 11:45 AM
    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.

    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.





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  • pappu
    01-20 09:21 PM
    The whole retrogression is very depressing if you were to look at numbers and predictions based on the numbers. This is the reaosn we need to work harder and contribute our time and money for this effort. If we cannot do it this year, then we can easily forget getting a greencard for the next 2 years and more. There will be no immigration bill next year due to presidential election.

    This is all the more reason for us to go all out and get the immigration bill passed this year itself. We need all members to help in this effort. We have a strong membership of around 8500 members we can count on for support. However it is sad that only 154 members have thus far contributed in the past 1 week despite all the effort to raise funds. IV is prepared to go all out and get the work done, the question is ARE YOU?





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  • miguy
    07-22 11:40 AM
    Please check my question in blue below

    Fitz,

    Following is some clarification that I got from my Lawyer..

    1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?

    a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.

    Is this true? So, you don't have to be in US during the entire process of I-485 application?

    2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?

    a) An I-485 can't be abandoned simply because you left the USA

    3) Once we file 485 do we need to wait for the receipt before traveling abroad?

    a) No.



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  • dixie
    10-17 03:13 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.

    Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)

    Thanks!





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  • alisa
    07-05 01:50 PM
    The other thing I don't understand is how come EB-1 and EB-2 which are current (for ROW) atleast can suddenly become U.
    Did USCIS stop paying attention to EB-2 vs EB-3 classification?
    How about country limits? Did USCIS give India more than 3K visas?
    Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June?



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  • midguy
    01-12 06:41 PM
    Hi All,

    My EAD expired in last October and I am still working on H1 ...when I renew EAD which option I have to choose while applying for EAD...is it Renewal or a Fresh one?





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  • webm
    10-23 02:19 PM
    A Warm Welcome to US Consulate @ Paigah Palace, Hyderabad...:)



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  • Ahimsa
    01-31 09:27 PM
    As many as 500,000 legal immigrants are in a limbo on the greencard process. 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.





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  • neerajkandhari
    10-26 04:36 PM
    I was surprised to see my AP in hand
    It seems it was approved on Oct 9 and my attorney received it on 22 oct
    I received it today to be very surprised as the online message still says case received and pending
    What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved

    Good luck to all



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  • usirit
    07-01 02:40 PM
    20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....

    But still.... people ask why illegals just don't come here legally?????? :mad:

    20K ...is that what it cost you so far ??? that is way too expensive ..
    I agree how can a poor laborer afford such fees ?





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  • sk.aggarwal
    06-01 08:42 AM
    This is true for most full time positions. I used to work for Wachovia and after merger with Wells Fargo they even withdrew approved I-140s, refused to file responses for perm audits and off course start new GC process. I left after working from them for 5 years. Idea is not to scare you, but just be careful. As someone adviced above, give you best shot in interviews and once you have an offer ask them to confirm in writing that they will process GC in EB2 immediately on joining. Dont join if they dont give you firm assurance. And once you join, start working on this process immediately.



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  • kiran_k02
    01-17 02:53 AM
    I got my Visa documents on 15th Jan to Hyderabad, they stamped my visa on 13th Jan. Fortunately I didn't have to wait for long for PIMS update.

    FYI: I did not call embassy prior to my interview.





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  • psaxena
    01-25 08:13 AM
    Hope you do realize now that EAD doesn't get you anything but just the extended stay. Join together with and become a donor and actively participate in the advocacy efforts. No one else here will help you.
    Hope you and others in the similar situation understands sooner than later.



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  • spicy_guy
    08-05 01:35 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    Nice! :D The no need to go through GC process, Labor, 140, etc. Just H1 is enough to get GC. ;-)





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  • wandmaker
    06-12 05:56 PM
    What is "Letter of Acquirement�

    Can you please tell me what is "Letter of Acquirement�'

    My company is Acquired too, the New Employer just gave me a Letter Copy
    explaining the Merger, do Official docs were shared with me.

    From whom did u get this letter.

    Letter of Acquirement is a letter addressed to each and every employee in the current company's letter head stating that the company A has been acquired by company B.



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  • glus
    08-10 09:49 AM
    Hi,
    I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.

    There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.

    Is it a given that USCIS will find this issue?

    I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
    I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.



    I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
    Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.

    Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??

    Greatly Appreciate any reply.

    Thanks!

    245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.





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  • mygc2006
    06-14 11:19 AM
    Like everyone here, my PD is also current. My H1b is expiring in the last-week of Nov this year (2007). If I file for 485/EAD etc. in early July. Do I need to extend my H1b? How long does it take to get the EAD? What if, if I do not receive the EAD before Nov ? Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.





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  • hopefulgc
    03-31 10:49 AM
    Any word on this issue? Is somebody from core going to create a forum where they can post delayed updates?





    rgpr
    03-29 08:42 AM
    During my first entry to the US I had been on an F1 visa for my MS studies. I took an OPT corresponding to this level of education and had a COS to H1B within the US (academia, quota exempt). I never had this H1B stamped in my passport as I never left the country.

    In order to pursue my PhD, I had another COS from H1B-F1 within the US. This time I had a 221g invoked on my application but it was cleared and I could re-enter US. So I am in my first year and due to some reasons I would like to discontinue the program and go back to work.

    I may get employed by either academia or industry. The October 1st start date would correspond to the industry job whereas there would be no such start date for an academic job.

    I will surely not quit PhD but wait for an employment opportunity and to have my COS to H1B approved within the US. In the interim can I register for 1 credit over the summer and fall semester respectively in order to remain in full-time student status?

    Any other thoughts on the wait time around the COS period?





    iv_only_hope
    01-15 10:20 AM
    Update from my lawyers site

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date. The State Dept. has ssured that it is looking for mechanisms to maximize number usage so that no visa numbers remain unallocated, and is looking for ways to make additional India and China-mainland born numbers available, such as by making sure that unused numbers that had been sent to consular posts are promptly returned



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