Becks
03-30 07:55 PM
You can change the job peacefully using AC21 since your 485 is pending for more than 6months. Your labor position/location etc doesnt mater. Your current employer cannot do anything but you need to get a copy of labor and I140 from him to use AC21. Also your next job should be same or similar to the one in the labor certification. Hope this helps.
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FinalGC
11-18 05:06 PM
I believe what you need to show is the company's P&L statement with revenue statement, and not just $7000 in profit. if the company has a revenue of $1mil or more, it should be fine, if less then it needs to show how many employees it had and what profit or loss it made....it should be at least $1.0 profit, rather than a loss.
BumbleBee
08-02 05:02 PM
Hi,
Sorry if I posted in the wrong forum,
I recently changed job. My H1 transfer is not complete yet. Now I have received a very good offer from a different company. Can I transfer my H1 to this company now?
Thanks
Yes, you can transfer to any employer and any number of times. At one point, I had 3 approved H1b, but as rule says, I could work only for one at a time :)
All the H1B's are valid till employer revokes it or it expires on its own.
The only danger I see in your case is continuous H1 status. If your current employerB goes ahead and cancels H1 petition, you would have worked illegally for the period of time you were with employerB. That can cause problem in your employerC h1 filling and/or future I-485 filling.
Even if employeeB cancels your petition but employerA hasn't cancel your h1 and it has not expired, then you will not be considered out of status, but you will be considered the one who have worked 'illegally'. This situation might give you h1 approval with employerC, but will have implications in 485 application.
Its better to wait till you get approval notice for employerB and then switch to employerC based on employerB's approval notice.
my 2 cents...
BumbleBee
BumbleBee
Sorry if I posted in the wrong forum,
I recently changed job. My H1 transfer is not complete yet. Now I have received a very good offer from a different company. Can I transfer my H1 to this company now?
Thanks
Yes, you can transfer to any employer and any number of times. At one point, I had 3 approved H1b, but as rule says, I could work only for one at a time :)
All the H1B's are valid till employer revokes it or it expires on its own.
The only danger I see in your case is continuous H1 status. If your current employerB goes ahead and cancels H1 petition, you would have worked illegally for the period of time you were with employerB. That can cause problem in your employerC h1 filling and/or future I-485 filling.
Even if employeeB cancels your petition but employerA hasn't cancel your h1 and it has not expired, then you will not be considered out of status, but you will be considered the one who have worked 'illegally'. This situation might give you h1 approval with employerC, but will have implications in 485 application.
Its better to wait till you get approval notice for employerB and then switch to employerC based on employerB's approval notice.
my 2 cents...
BumbleBee
BumbleBee
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resetclock
01-31 07:47 AM
Thansk visakk for your reply, I am travelling thru same employer only. He still wants me to come there. Looks like he is confident & is certainly going to give me Revised Offer Letter dated in Feb 2010.
However my main question is still unanswered whether the scenario is correct to travel, considering January 8 guideline issued by DHS/USCIS. And Subsequent Deportation incidents.
I have option to travel on L2 as well. As my spouse is having L1 visa and she is going to travel in March.
But I want to be on H1B, Pleasse enlighten me on this.
However my main question is still unanswered whether the scenario is correct to travel, considering January 8 guideline issued by DHS/USCIS. And Subsequent Deportation incidents.
I have option to travel on L2 as well. As my spouse is having L1 visa and she is going to travel in March.
But I want to be on H1B, Pleasse enlighten me on this.
more...
qtoask
06-25 03:47 PM
I just wanted to confirm whether this is really rumour...
admin, pl delete this thread if this is not appropriate.
thanks
admin, pl delete this thread if this is not appropriate.
thanks
desikaalabandar
05-21 09:55 AM
Yesterday I got this e-mail from USCIS:
-----------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
--------------------------------------------------------------------------
From what I read online, I am sure I will be called for an interview at my local USCIS office. But, my case has some issues and I was worried if that would create any problems
1. I was arrested for shop lifting in year 2000, which I have mentioned in I-485 application. It was a misdemeanor.
2. My LC application had salary mentioned of 85K, but my current job has salary of 75K
Do you guys think this could create a problem during the interview? I met my lawyer and he said the salary should not be an issue.
Do you suggest taking my lawyer to the interview?
Any help is appreciated.
Thanks.
-----------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
--------------------------------------------------------------------------
From what I read online, I am sure I will be called for an interview at my local USCIS office. But, my case has some issues and I was worried if that would create any problems
1. I was arrested for shop lifting in year 2000, which I have mentioned in I-485 application. It was a misdemeanor.
2. My LC application had salary mentioned of 85K, but my current job has salary of 75K
Do you guys think this could create a problem during the interview? I met my lawyer and he said the salary should not be an issue.
Do you suggest taking my lawyer to the interview?
Any help is appreciated.
Thanks.
more...
vikram2101
08-07 09:14 AM
There's another thread which discusses withdrawing an application. Can someone please post the link to it.
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InMess
03-21 03:48 PM
Hi Guys,
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
more...
sri1973
07-18 03:26 PM
Hello All,
Brief History: I am working for a Food Processing company (A) in R&D. Company A was my sponsor for GC. I have been on EAD since Oct 2007 (filed 485 during July-Aug 2007 time period) :) . My I-140 was approved Jan 2007. My GC application was started in Apr 2006 - Perm process. Also, i still have my H1B(Extension) valid until Apr 2010. Company A uses a consulting firm for roughly about 25 - 35% of R&D projects.
Reason to change: I believe this opportunity will have a significant change/growth to my career.
Questions: :confused: Can i change my job to the consulting firm using EAD? What are the consequences i should expect from USCIS? Does the Consulting company have to get involved with any Immigration fillings?
If i decide to work for the consulting firm, i will still be doing the same job for Company A but as a consultant + I will have additional projects with other Food Processing companies. I think labor application job description won't change (Company A to Consulting Firm) and this is where i struggle to understand the rules. Need your thoughts and Advice.
Appreciate your help and Thanks for your time.
Brief History: I am working for a Food Processing company (A) in R&D. Company A was my sponsor for GC. I have been on EAD since Oct 2007 (filed 485 during July-Aug 2007 time period) :) . My I-140 was approved Jan 2007. My GC application was started in Apr 2006 - Perm process. Also, i still have my H1B(Extension) valid until Apr 2010. Company A uses a consulting firm for roughly about 25 - 35% of R&D projects.
Reason to change: I believe this opportunity will have a significant change/growth to my career.
Questions: :confused: Can i change my job to the consulting firm using EAD? What are the consequences i should expect from USCIS? Does the Consulting company have to get involved with any Immigration fillings?
If i decide to work for the consulting firm, i will still be doing the same job for Company A but as a consultant + I will have additional projects with other Food Processing companies. I think labor application job description won't change (Company A to Consulting Firm) and this is where i struggle to understand the rules. Need your thoughts and Advice.
Appreciate your help and Thanks for your time.
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qplearn
08-23 06:29 PM
My case is filed in EB-2 although I am eligible to apply in EB-1.
When I filed, there was no retrogression for India, and so it made no sense to apply in EB-1.
Does anyone have any suggestions?
My PD is Dec 2004
and I have a 140 approved.
qplearn
When I filed, there was no retrogression for India, and so it made no sense to apply in EB-1.
Does anyone have any suggestions?
My PD is Dec 2004
and I have a 140 approved.
qplearn
more...
ajaykk
11-06 04:19 PM
Hi Guys,
My wife is on H4 and she got her EAD yesterday. She wants to work on EAD.
She doesnt have valid visa in her passport, we are planning for India trip soon and also planning to go to US embassy for stamping as our visa got expired.
My questions are
1. Can my wife apply for a visa after she starts using EAD? and later can she extend her H4 along with my H1 extension which I'm going to apply mid next year?
2.Is it ok to travel just on AP for her if she doesnt want to apply visa?
Please suggest.
Thanks
AJ
My wife is on H4 and she got her EAD yesterday. She wants to work on EAD.
She doesnt have valid visa in her passport, we are planning for India trip soon and also planning to go to US embassy for stamping as our visa got expired.
My questions are
1. Can my wife apply for a visa after she starts using EAD? and later can she extend her H4 along with my H1 extension which I'm going to apply mid next year?
2.Is it ok to travel just on AP for her if she doesnt want to apply visa?
Please suggest.
Thanks
AJ
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Queen Josephine
May 6th, 2005, 11:50 PM
Queen, it's good to know you're still receiving treatment for your condition. ;)
Gary
:D Well, they can't stop treatment until there's some improvement!
Gary
:D Well, they can't stop treatment until there's some improvement!