Friday, June 10, 2011

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  • milind70
    11-06 04:25 PM
    All Guru's

    My situation is little different,

    I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
    But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance


    Dont require copy of 140 to invoke AC21 only proof of AOS is required i.e 485 Recipt Notice (even a copy would do).
    Copy of 140 is required incase of date porting i.e joined a new employer who is willing to sponsor GC and you would like to keep you PD from a previous application.
    Hope this clarifies !!!




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  • transpass
    08-14 06:46 PM
    Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.

    Is red dot more important than getting answers for your situation? Why do you care dude? :D




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  • ganguteli
    03-02 03:34 PM
    Its pathetic that nobody is looking at this thread. IV should not be wasting its time and effort on people who are ungrateful and do not value it. They are more happy picking up fights with each other and spending time on threads that do not do any help




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  • rkm
    08-10 04:30 PM
    Count Me Also, Please Include PD,RD and ND.

    PD Mar 2006
    RD 07/02/07
    ND 08/31/07.
    Poll result = 1 pending

    Sorry - dark humor:D



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  • abc1125
    06-13 03:31 AM
    for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.




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  • meridiani.planum
    04-17 01:18 AM
    This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:

    My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).

    Edit: This is in California



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  • paragpujara
    09-18 04:52 PM
    Yr employer is correct. You can't apply for SSN before OCT 1st as yr H1 starts from OCT 1st. When you go to SSN office, they look at yr current i-94 to find out yr current immigrant status (H1/H4/L1,etc) and if you current i-94 is for H4 then they won't allow you to apply for SSN. I had same exp for my wife. We applied on 2nd Oct in VA.

    Hope this helps.


    I checked with my employer, they mentioned that I cannot apply for SSN before Oct 1 and would only be eligible post Oct 1. Any ideas !




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  • sidshar
    05-15 03:37 PM
    I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.



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  • rheoretro
    11-07 02:18 PM
    cool

    rheoretro,

    Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.

    I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.

    So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)




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  • JunRN
    08-18 01:28 PM
    Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.



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  • jonty_11
    07-24 12:19 PM
    what abt ppl who are already contributing members...?
    Poll doesnt cover them




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  • bin673
    07-10 01:18 PM
    did you guys see this ?
    http://lashawnbarber.com/archives/2006/09/15/my-kingdom-for-a-movie-ticket/



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  • EB3_SEP04
    07-16 04:40 PM
    No it is the same company

    First of all congrats!

    My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021

    http://www.onetcodeconnector.org/ccreport/15-1021.00

    The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.

    Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).




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  • eb3India
    04-19 11:46 AM
    MINE PD IS ALSO 5/03. R U SURE THAT WE CAN FILE NOW? WHAT IS CURRENT PD FOR INDIA NOW?

    THANKS
    CHHAYA

    yes you can file, infact USCIS made procedures very simple and they have opened drive-ins 485 filing in aliance with McDonalds, just take all your papers tommorrow to drive-in window and don't forget get your fries

    I am amazed by ignorance of these people, google, read do some research before typing anything stupid



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  • dante1271
    08-26 12:58 PM
    My H1B extension was filed just one day before my I-485 was sent to NSC last July. I was able to get 3 years extension ...my company paid for premium processing though... I think you should be ok with filing the extension. Talk to your lawyer...
    :D
    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.




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  • msyedy
    01-10 09:06 AM
    Friends,

    As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)

    My last discussion wirh Immi and employer drove the nail in the coffin.

    I would appreciate any suggestion fromfolks like you.

    Outcome:

    I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)

    Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.

    I have few more weeks before I see this opportunity slip by.

    Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?

    Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.

    Thanks for your time

    No one can guess on this issue., believe me.......... Dont keep hope that in 1 year ,2 years you will have GC.
    Guessing is not allowed in this situation......................



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  • kaisersose
    09-17 12:02 PM
    Hi,

    I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.

    Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.

    Question

    1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.

    2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.

    Any help is greatly appreciated as am 2 weeks away from expiring H.

    Thanks


    1. As far as I know, think this will work.

    2. Not required.




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  • itsmesabby
    06-27 08:47 PM
    Using AP does not necessarily mean that one is using the EAD. It is just a document that allows you to travel when needed.

    Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..




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  • HV000
    02-06 11:24 AM
    I have NOT heard of anything that specifically prohibits H1Bs getting a mid year raise. Ask your HR where they are getting the information from?




    hariswaminathan
    10-16 08:45 AM
    EB5 investor Visa is already in place.
    The numbers are a little different ($500,000 to $1M) but you can buy yourself a GC pretty quickly.




    rsayed
    04-30 03:09 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    ...Now, THAT was quite a scare! Thx. for the clarification.



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