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I am not a lawyer, so make sure do discuss with a good lawyer. I am just sharing the info that I know.

US labor laws are good that no organization can stop an employee from joining any organization/company. Even if your company made you to sign a agreement, that doesn't hold in front of the law. This law could vary little from state to state, but not to great extent.

If you are receiving calls and emails from your employer, I would suggest, change the phone number, apartment/house, etc. and ignore him. But you should know that at 140 stage you need experience letter from employer. Make sure you can get it from your colleagues. Or you must cut a deal with your ex-employer now.

18000 change as of yesterday (April 10).
Enjoy:p

I would refer you to the Sept. Attorney call transcript under the Members only section. I believe this question or something similar was answered there by Sonal Verma. In a nutshell, if the job requires higher qualifications that satisfy EB2 requirements only then can the petition be filed under EB2. That being said, the education equivalency may make your case a bit difficult because as per the transcript, the USCIS of late has been taking a stance that a combination of degrees will not be considered as equivalent to a US Bachelors or Masters.

Please refer to the transcript and if you are not satisfied, please submit your question for the next attorney conference call.

Sorry to hear about your husband's departure from this world.
He was an active member of IV and contributed to it.
I know now you are using his id.
Please share some info about his death. What happen to him?
Is it an accident or he got sick ?
We are praying for you and your kid.

I THINK YOU NEED TO CONTINUE IN H1B. DON'T DISCONTINUE H1B, TILL YOU GET GC.


Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.

My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?

I appreciate for any response!

RFE....hard to say untill you receive physical RFE.

I think this is your post too... Wow that was fast action form USCIS....

http://immigrationvoice.org/forum/forum105-immigrant-visa/628536-can-employer-revoke-i-140-a.html#post967493

Can the lawyer ask for the missing form; and will it have to be done by the USCIS at the I-140 stage? I was under the impression that only the USCIS can do this?

Thanks. I appreciate all your responses. They have been very useful.

Hi,

My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.

Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.

Please advise.

Thanks,
Nid

My file is also transferred to NBC, Why do you think it is??
You have any information for me since yours was done in December while mine was done in April, 2009. What happened did you get any interview fromthe Local Office. Thx

Hi Experts/Lawyers,
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.

My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.

After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.

I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.

Meanwhile I got H1B extension with the new company.

The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.

We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.

Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.

Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.

I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).

What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.

I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.

Is it okie to have gap between AP renewals or is it a problem?

Thanks
-p

Thank you very much, baba84!

Here are description of "a" and "b" or "h". in I485 Part2.
We are supposed to mark one reason for an adjustment to permanent resident.

Part 2 says

I am applying for an adjustment to permanent resident status because:

"a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

"b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

"h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.

Thanks!!!

Hi snathan, I cannot do premium processing on denied I140 or refiled I140.

Hi clear485,
I showed this to my attorney and he says they dod not say that applicant will loose ability to extend H1 with a refiled I140.

Hi All,
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.

I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1

Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?

If not, please share your thoughts. Do I need to file seperate application for my mother at this point?



Thank you all,

Sri

Each person needs to have his/her own I-94. It is an 1-1 mapping between I-94 and passport.

The safest route is to have both the H-1B and the EAD, if the employer agrees to pay for all. If you just have an EAD and the 485 is denied for some reason, you have no work authorization. If you have the H-1B also, then you can continue to work on that.

The filing fees for a H-1B extension depend on how many extensions have been filed already. Assuming it is not the very first H-1B, then the filing fee is $320, and $1500 if it is the first extension.

Hi
I was not so so keen until this matter was resolved..BUT my GC got approved.
I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
If I divorce and re-marry how do I get my new wife here.
In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
Thanks for ur help
RR

It's not my intention to encourage marital discord. Having said that there are a couple options for you:

(a) If you re-unite and reconcile with your wife, you can file a follow-to-join petition, since you were married before you got your GC. She will get her GC fairly fast and be able to enter as an immigrant.

(b) If you get divorced and get re-married, you're out of luck. You would have to file a Family based I-140 petition (F2A, I think) and it takes about 5-6 years to get something like that approved. In the meantime if you want her to come to the USA, she will have to come on a dual-intent visa such as H1B. The consulate will not give her an ordinary visa. Of course, you can claim citizenship and "upgrade" your petition.

I am not a lawyer and this not legal advice. Please consult an attorney for your specific case.

HI All,

Please help me to sort out this difficult query.

Company 'X' holds my H1 Visa and i got an offer from comapny 'Y'
So i can easily xfer my H1 to company 'Y'

But i am expecting a better offer from company 'Z' in couple of days probably 2-3 weeks.It can be also the scenerio tht they may offer me in a day or two when my H1 xfer is already in process from company 'X' to 'Y'

In that case when can i xfer my H1 to company Z?

The worst solution is to get my Visa xfer to company 'Y' and after a month or so get it xfered to 'Z'. Is that possible and allowed to xfer it so quickly?

Please help.

Meera

LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.

I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.

Best of luck you all.

Had 1 Soft LUD on Jan 31 on 485 application.

USCIS is doing a great job thank to IV to make these possible.

I am planning for Green Card application.

Who has experience about Accountant Green card application,

Eb2 or EB3?

If you use EB2 , how is your job title and education requirements and job descriptions?

Thanks a lot

Xbeartai

You will need a relatively high level position to qualify for EB-2, since there will have to be a masters requirement or 5 years of experience. To the best of my knowleddge, a Senior Accountant is at the lower end of experience levels (may just require a 4 year degree or a CPA). You will have to describe your position in more detail to get a better answer. To qualify for EB-2, you would have to be in a position more like an accounting manager (in a CPA firm), or a CFO in a company.

Thanks for your response. however I could not see anything USCIS online case status that they have sent an RFE

Did your friend eventually get the visa ? After how long ?

Yes, a friend of mine was not given her VISA they did not say denial instead said they needed to further confirm her qualifiactions and field of research. This is bc she works in boitech and at that point there was the anthrax scare.

I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):

1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007

However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:

1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time

2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles

I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:

1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before

2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?

3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?

4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)

Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)