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  • Pagal
    07-20 08:27 AM
    Hello,

    IMHO, do not sacrifice the career (either yours or your wife's) for the sake of GC .... the amount of money and experience that you stand to lose by not progressing in the career is very difficult to recoup after you get your GC. In this economy, more experience you gather, better will be your chances of securing a higher position and income. I always chose career over GC ... which delayed my GC by about 5 years, but the extra income and experience have more than made up for it ...

    The good news is that you have an approved I-140, so you have a priority date that you can always use irrespective of type of application and/or sponsor (which means, you can file for a new I-140 based on your new job but with the old priority date). Do ask your new employer if they are open to file in EB-2 within one year of your employment based on your performance on the job.

    The fall back option in terms of your wife's career is dicey to count on in this economy, IMHO. Your H1-B is a better fallback option while your GC is pending....just my 2-cents! Good luck! :)




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  • BPforGC
    10-16 03:21 PM
    It really depends on the situation. When your pay stub comes from a different state and your employer is in a different state, your H1B is transferred to a different employer than someone who originally filed your I-140... changing employers... using EAD for a different job than what you claimed in your labor... can amount to more scrutiny. Before you get your green card, they want to make sure you still work in the same area or job that you claimed in your I-140. Hence, big shifts in profile should be avoided.

    H1B renewal with same employer, EAD using for identical job with a different employer, AP shouldn't be a problem since some of them are typically considered interim immigration benefits.




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  • naresh515
    09-24 01:22 PM
    Hi All,

    Is there anyone planning to get H1-B/any visa stamping in Matamoras, Mexico in the next couple months? (I'm from dallas)

    Is there anyone who already went for stamping in matamoras recently....

    Please share your thoughts...

    I'm planning to get my H1-B renewal stamping next month...

    Thanks for all your replies in advance!!!

    Thanks,
    Raghu.




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  • desi3933
    08-25 01:01 PM
    Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.

    There is one more thing you should consider -

    One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.

    _________________
    Not a legal advise.



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  • ns007
    06-15 10:44 AM
    After reading the alert on immigration-law.com website I contacted my firm's attorney. According to them they have requested 3yrs extension based on my approved I-140. Now since the dates are current, they may grant either 3yr or 1yr extension. But, they won't deny the h1 extension petition.


    Hi,
    My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

    Please advise.:confused:




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  • anilsal
    08-05 04:09 PM
    the process of interviews. Can you please tell us how you are notified about a possible interview, how much time you have to prepare for the interview (15 day notice, 30day notice??), how one can postpone the interview (calling USCIS or need to send a letter) etc.

    This will benefit members.



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  • skdskd
    09-27 10:02 AM
    Hi All,

    I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?

    I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
    Thank you very much.



    tinoue I will suggest talk to lawyer,
    As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
    Otherwise they might assign New One..
    If you remember on I-485 Application there is place for A#.




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  • mrajatish
    09-17 04:19 PM
    Given the current retrogression and the fact that you are from India, I would think 100 times before immigrating to US. I know this advice will be useless because you will probably think that "hey, look at this guy currently in the immigration queue and waiting for his GC, but advising my brother to do the opposite" - well, I have been in this rigmarole for too long to say that, if you have good opportunities elsewhere, think about them. If I knew about the problems of getting GC in US, I would definitely planned things a bit differently, just my 2 cents.



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  • AVAKIL10
    08-03 08:40 AM
    It does look confusing though..Odd.




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  • waitingnwaiting
    02-11 11:42 AM
    What are IVs recommendations ??

    It is a Donor only information.



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  • gcwait2007
    04-25 11:31 AM
    hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex

    I have not yet used AC21 to port my job and I am still with my GC sponsoring employer. However I can share my knowledge gained thru various threads in IV and other forums.

    If the current GC sponsoring employer decide to revoke the approved I-140, then he/ his lawyer should notify you their intention as well. When they send the letter to USCIS, a copy of the same will be sent to you. There are chances that you may not receive this letter.

    If I were you, I would do the following:

    Step 1: I would notify the change in address to USCIS. (AR-11 form electronically) and watch out for LUDs.

    Step 2: After settling down in new job atleast for few days (one month minimum), I would notify the USCIS about my using AC21 portability for changing the job. There are appropriate formats for notifying USCIS, which you can find in this forum. In case, NOID is issued in future, then the early advice of AC21 would come in handy. I have heard the successful stories where the individuals had sent AC21 intimation earlier.

    All the best in your new job! Good Luck




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  • kirupa
    03-23 03:33 AM
    Hi SandeR2!
    Sorry about not having responded more clearly in your thread. Please create a new thread for each entry you want to submit. As long as one thread is associated with one entry, it makes linking to your entry easier for judging and all of that :)

    Cheers!
    Kirupa



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  • waitingnwaiting
    01-06 01:13 PM
    Yesterday, Rep. Darrell Issa of California introduced H.R.43 to amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas (50,000) to certain employment-based immigrants who obtain an advanced degree in the United States. The bill has been referred to the House Judiciary Committee, which will be chaired by Rep. Larmar Smith of Texas. House Immigration Subcommittee will be chaired by Rep. Steve King of Iowa. The Homeland Security Committee will be chaired by another King of New York.

    http://thomas.loc.gov/cgi-bin/thomas
    H.R.43
    Latest Title: To amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas to certain employment-based immigrants who obtain an advanced degree in the United States.
    Sponsor: Rep Issa, Darrell E. [CA-49] (introduced 1/5/2011) Cosponsors (None)
    Latest Major Action: 1/5/2011 Referred to House committee. Status: Referred to the House Committee on the Judiciary.




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  • justsomeguy
    07-12 06:29 PM
    fellow legal immigrations - this is my first posting on immigrationvoice.
    i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!

    now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:

    clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
    peace!



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  • smuggymba
    10-06 03:52 PM
    simple1 - whenever I see ur reply, it's regarding a toll alert. Same with ronhira guy. All you 2 two do is issue toll alert whenever someone asks a question.

    H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?




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  • cdeneo
    04-02 10:41 PM
    I have a somewhat tangent but related question that I could not find a definite answer to while searching thru the various threads here -

    What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.

    Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?

    Any insight into how to tackle this would be very helpful. Thanks!



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  • pani_6
    08-24 03:42 PM
    The situation seems pretty grim...there are about 80 k indian students
    coming to the US every year in total about 250-350 k including all international students (I assume) and at least 50% of them want to work after graduation (I assume)..with the h1 cap at 65K(lot of them taken away by consultants) ...and the lots of school funding squeezed because of the war..Most students (I assume) study with no AID hoping to get a job to repay some of the loan/ father's money...

    I think prospective students need to know the real situation out here..before
    they make a choice of studying here.

    I hope this grim situation is temporary...




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  • kaisersose
    08-06 09:19 AM
    capturing visa numbers would put an end to our misery. and increasing the employment based visa will pave way for future immigrants. handling a few thousand more cases is not a big deal for USCIS(there may be performance issues but not like difficulty of hiring more people to do the stuff!). don't get panicky about the number. it should be lot less than you would think.

    I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.

    If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.




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  • gsc999
    09-07 12:54 PM
    I noticed that California has around 20 names. I know that around 35 to 40 ppl are flying from CA. I think that is would be a similar case with other states.

    Guys, this is required info. that will allow us to schedule an appointment with lawmakers. We have to provide this info. to them to receive meeting confirmation.

    Please add your information asap, this is urgent and important




    LostInGCProcess
    03-03 11:24 AM
    I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.

    AC21 issues can be resolved. So don't worry about it.

    Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?




    arjunpa
    08-18 10:32 AM
    Hello

    Case details
    --Lay off with Employer A happened in April and I was without a job for a couple of months
    --I have a valid Visa with employer A until April 2010.
    --Finally found a job as a consultant, employer B applied for my H1B.
    --RFE has been answered with sufficient documents and awaiting a response.

    Question
    I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.

    Please advice.
    Thanks!



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