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(not a tight crop, which is probably what it sounded like I meant).The difference was probably in my interpretation, rather than in your presentation.

Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.

Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)

But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.

What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.

best,
Berkeleybee

I know that with H1-B, one is not supposed to run his/her own business. But how about with EAD?

Yes, you can run a business on EAD.

You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.

Thanks for all your replies!

My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

I was holding H4 visa before I started using the EAD.

Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

I definitely want to speak with an attorney so Gus I will PM you.
I certainly hope that my interpretation is wrong and that you are not in violation.

Gurus
I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 11 '08, the case is pending.

I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:

1. Not get a new H1 visa stamp on the passport and travel with the Company A's H1 visa stamp. Is it safe attempting to re-enter the country with the H1 visa stamp from the previous employer? In that case, can I show them the old I797 and explain to the POE officer that I am currently working for a different employer and show them the new receipt notice and letter from the new employer? What if the new H1 Petition is approved a week before my travel date to India or when I am in India?

2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.


I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not answers to my specific questions.
Thanks

Here is my $100

Paypal Receipt ID: 8D5173328S121125D

Come on everyone... donate a small percentage of your stimulus package.

Good Job elaiyam.

Thanks SL & Lost in GC process,

Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

Thanks
Senthil

Hi Blue,

My advice is go for premium I-140 and file for I-485+EAD+AP. Advantages:

1. Spouse will have EAD.
2. Spouse would not need H4 renewal, which is savings to you (EAD/AP renewal is another matter).
3. After six months, you can use AC21 provisions. Your I-140 is safe.
4. Uncertainity of layoffs is gone and it brings piece of mind after six months.
5. You will be starting the FBI name check along with I-485 filing. By advancing your I-485 with premium I-140 filing, you will be cutting down the time it takes to get GC.
6. You/spouse can go for multiple jobs.

One question for I-140 for EB-2 versus EB-3.

If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

Please confirm your views, as I have heard different versions.

Thanks!


Yes it really IS impossible to determine which will move quicker.

and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.

Hi,

We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.

I have two questions with regard to Experience letters -

(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...

(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.

I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..

I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.


Thanks and Regards,
PVGanesh

If you did ask for a fee waiver could you check that you entered the right receipt number? This could be someone else's case as I don't think you would qualify for a fee waiver.

Anybody ..any replies ??

1. Sheela Murthy
2. Indra nooyi
3. Vikram Pandid
4. Google Founder
5. One of the Google Director/scientest from india - who found the Google news
6. One of the Sun micro system's co-founder was indian.

You can find lots people in the internet.


Add famous Dr Hargobind Khurana (Noble Laureate) of India and so many immigrants from other countries including this 2008 winners

Eb2

Even i'm in the same situation. My employer does not let me to interact with the attorney and is sad in following up.
He is yet to apply for my PERM.

Even i'm curious to know if there is a way to track it other than employer/attorney creating a sub account. I'm dead sure they would not create one :(

Please let me know if you get to know.

Thanks!

Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.

My case was filed at NSC , then went to CSC and then transferred to NSC.

Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.

I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.

Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).

i kept telling you guys since last week

send faxes to congress /house...it is in the house where bills get structured.

make sure u add only the SKIL bill...just remove cap for ppl with advanced us degrees...that was the only thing the house had agreed to consider


but everyone on this forum ignored me

no it might be too little too late

i am not saying all i slost...atleast we got some action going amongst the members of this site


it aint rocket science guys....think about it from the lawmakers point of view....would they allow for more immigration frindly reforms now....no way...so be ready to compromise and suggest the ones which are truly benefecial to the US economy....

the bottom line was always...borders secure first..then talk about immigration reforms....

for the coming seasons....we have to push for nothing but the SKIL bill

that is the only bill that has hope


the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall

it is here that we step in...

fees for filing I485 for people under SKIL

fees for being able to file 485 before visa numbers

etc etc etc


we have to take advantage of this opportunity

in the mean while....SEND FAXES ABOUT SKIL BILL

You remind me of Katrina fiasco....Red Cross was asking for money and you are bent on sending food and clothes. Let the people in close proximity of washington decide what we need to do at this moment.

On different note, I just realized that I have one red dot against my name... :-) I never posted anything to offend anybody.. How can see who gave me a red dot and for what reason?

Any idea what Tech firms are doing to help CIR?

Sure - this forum is filled with apps pending Labor.

EB2 RIR July 2004

The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.

Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?

100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..

"How NOT to get the work done in 5 years?"

B T W Does these places have any guys who are struck with their labor?

Bostn_gc, please help us..


While other members helping you can you also help IV and send some web-faxes..

Thanks.