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).
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).
patti smith and robert mapplethorpe. Patti Smith and Robert
laborfd
10-15 02:06 PM
What is LUD? and how do we check it?
patti smith and robert mapplethorpe. Freja Does Patti Smith for
njboy
07-26 10:35 AM
according to what you typed-your priority date is june 2006..so if i were you, i wouldnt worry much about it..however, your lawyer is right that incase your company revokes your labor, you might be in trouble.
even if your i-140 gets approved, you'll have to start from scratch in the new company - ie, file a new labour, advertise, etc etc. only advantage is, you might be able to keep your priority date.
why dont you try this - wait for your i-140 approval, and ask your new company to file an h1 extension based on this. see if you get a 3 year extension. if you do, you are good to go
even if your i-140 gets approved, you'll have to start from scratch in the new company - ie, file a new labour, advertise, etc etc. only advantage is, you might be able to keep your priority date.
why dont you try this - wait for your i-140 approval, and ask your new company to file an h1 extension based on this. see if you get a 3 year extension. if you do, you are good to go
patti smith and robert mapplethorpe. Patti Smith#39;s #39;Just Kids#39;
yabadaba
06-22 11:27 AM
POLL: Where Will You File Your I-485
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looivy
02-22 03:42 PM
just curious. Are you working for a consulting company?
I do not.
I do not.
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conchshell
07-07 09:32 AM
I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?
May be we can get their help to gather support from pro India congressmen and senators
May be we can get their help to gather support from pro India congressmen and senators
more...
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zvezdast
07-02 05:50 PM
There is hope....
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India_USA
11-01 09:43 AM
Any new tunes that capture our plight?
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madhu345
09-18 08:46 AM
Why dont we take voting for name change and see what % of members will opt for the change.
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reverendflash
10-21 01:53 AM
they weren't my designs... I made their designs work... :P :P
I'm still learning on the digital design front. All of my composition training comes from photography... :P
Rev:elderly:
I'm still learning on the digital design front. All of my composition training comes from photography... :P
Rev:elderly:
more...
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rajuram
11-14 10:00 PM
It is 200% certain that the politicians will not touch the immigration topic in the next one year. Even after best efforts of the president the immigration bill failed in the senate few months ago.
One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.
Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.
One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.
Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.
patti smith and robert mapplethorpe. Patti with director Steven
ssingh92
12-10 09:33 AM
I contributed $100 and sent the message to all desi (FENCE SITTERS) who were working with me including who have received their GC. I never convinced by a rally in DC but I am fully convinced by lobbying for GC. This is the way to go and the democracy in US works.
Can you guys accept $50 also for one time contribution. There is no option for $50. I talked to some GC guys some of them willing to donate $50 but not $100.
Thanks,
Can you guys accept $50 also for one time contribution. There is no option for $50. I talked to some GC guys some of them willing to donate $50 but not $100.
Thanks,
more...
patti smith and robert mapplethorpe. Mapp smith
icecreamy
08-30 01:12 PM
We got FP notice today (Aug 30) , the appointment date is Sep 14th.
485 RD - July 2, 2007 (TSC)
485 ND - Aug 17, 2007
EAD approved - Aug 23, 2007
140 LUD - Aug 17, 2007
485 LUD - Aug 19, 2007
485 RD - July 2, 2007 (TSC)
485 ND - Aug 17, 2007
EAD approved - Aug 23, 2007
140 LUD - Aug 17, 2007
485 LUD - Aug 19, 2007
patti smith and robert mapplethorpe. Patti Smith y Robert
cendra
04-30 11:15 AM
EB3-PD Jul 02
LC Approved Jan 07
I-140 Pending since March 07
LC Approved Jan 07
I-140 Pending since March 07
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kshitijnt
05-14 07:44 PM
Dont worry they would not retaliate. I had written highly critical emails back in 2004. Not a problem.
patti smith and robert mapplethorpe. Patti Smith and Robert
hopefulgc
11-05 10:24 PM
Did your company file an EB2 labor/petition on your behalf?
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
more...
patti smith and robert mapplethorpe. patti smith + robert
insbaby
09-15 04:25 PM
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
for couple of days you can try walk on your hands...
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
for couple of days you can try walk on your hands...
patti smith and robert mapplethorpe. Robert Mapplethorpe
gman
07-29 02:55 PM
What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
• Execute the company’s technology architecture and strategy.
• Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
• Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
• Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
• Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
• Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
• Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
• Travel approximately 25% of the time to both in-country and international destinations.
• Perform other duties as assigned by the VP of Software Development
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
• Execute the company’s technology architecture and strategy.
• Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
• Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
• Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
• Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
• Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
• Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
• Travel approximately 25% of the time to both in-country and international destinations.
• Perform other duties as assigned by the VP of Software Development
patti smith and robert mapplethorpe. Patti Smith with a Robert
gsc999
07-08 10:48 PM
It may be counterproductive to get Indian government involved, as has been pointed out by IV before.
The recent WTO talks failed and US trade rep blamed India and Brazil for the failure. Why wouldn't US use this as a trade negotiation issue with India, instead of solving it as a domestic procedural issue. Once that happens the likes of Lou Doubbs will hijack this issue and make it US vs India.
- If at all there is a trade issue, it is for H1-B visas. Once you are at AOS stage even that motivation goes away.
My suggestion is to focus on domestic media and local congresspeople, who can be more helpful.
Lets try to be part of the community we want to be "permanent immigrant" of, instead of looking towards Indian govt., which can't do much here anyways
The recent WTO talks failed and US trade rep blamed India and Brazil for the failure. Why wouldn't US use this as a trade negotiation issue with India, instead of solving it as a domestic procedural issue. Once that happens the likes of Lou Doubbs will hijack this issue and make it US vs India.
- If at all there is a trade issue, it is for H1-B visas. Once you are at AOS stage even that motivation goes away.
My suggestion is to focus on domestic media and local congresspeople, who can be more helpful.
Lets try to be part of the community we want to be "permanent immigrant" of, instead of looking towards Indian govt., which can't do much here anyways
gpr
07-30 07:11 PM
My EAD application is still pending while it got approved for my spouse within a month.
fromnaija
07-30 10:20 PM
This is insane and scary at the same time. So, the child will have to depart the US at that time as he will no longer be able to get any valid non-immigrant visa (except probably an H1). As immigration intent has been expressed such a child will not be able to get F-1 visa. I would have to research this further as the prospect of my child having to depart the US after the rest of the family gets a GC is just too much for me to bear at this time! I'll pose the question to my lawyer and hear her opinion.
Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.
Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.
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