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Need your help..

Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:

Can my previous employer file I-140, even if I am not working with them?
YES

If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
YES, you would need a copy of the I-140 and since you have good relations, it should not be an issue
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
This is a grey area. Not sure but I believe post-April, approved LC would have a validity of 45 days or so - so it may not be reusable. From your point of view, I'm not sure if the LC does get reused, does it impact your PD or not - my take is it doesnt but I'm not a lawyer.

Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.

Thanks in advance..

Anytime your place of work changes on H1, your company should file an amendment to the H1B labor certification stating your new place of work.

Hopefully, the officer at the consulate wont ask and you wont have a problem.

Personally, I have my client's location as well as my company's location on my H1 LCA.

Hello everyone,

According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?

Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?

Please any insight in this matter would be greatly appreciated.

Thank you

As per my attorney, NO it won't affect the GC process. However the Job description should remain same as in your Labor Certificate.

Better confirm with your attorney.


Hi !
My husband just had his performance appraisal today. He is presently working as a Senior Consultant.What we are wondering is that if there is any change in the designation, will it affect the GC process in any way ?

We got our I-140 last month and EAD two weeks back.
Kindly advice us on this.

Thanks
Vinki :)


Note: I am not a Lawyer and this is just my opinion

Looking at your profile, i am surprised u still havent received the plastic card.

If your card gets approved while you are out of the country i.e. US, and you dont have AP i had read earlier that it is considered as an abandonment. The sole purpose of AP is to provide you to get in and out of US while on AOS period.
Did u check with your company Attorney?

Hi,

Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?

Please let me know if someone else has been in this situation.

Thanks!

Is this an engine? Couldn't understand, at first. The font is way too simple for the stamp. :hat:

I recently sponsored for my uncle and his wife and had no problems. Just send the sponsor docs with I-134, letter to consulate etc. Uncle had to provide info on his ties back in India.
My last name was not same as uncle's ( guess that is what your doubt is) and that was not an issue at all.

me 2 ..they (TSC)told me that 2 nd july filers will get receipt no by mid of august..hope that true..

I had my Labor go through without any issues. I haven't yet applied for 140.
what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.

I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?

Thanks in advance

Thanks for the reply.

No, my new would be employer will not be doing H1 transfer for me. They will take the EAD route. Yes, I know the start and end date of EAD as that is printed in the approval letter.

So, I guess, although I don't have the plastic card in hand, I can start processing AC21 on the basis of EAD approval notice and A#, that gives me 90 more days.

I will read I 9 more carefully with time. Also started upgrading profile.

Hi can someone advise me what is the best way and steps (forms and other supporting documents) to extend the stay for my mother in law beyond the 6 months as given on her entry under 10 year visitor visa for few more months (3-4 months) please. We have a religious ceremony so that she can stay beyond the 6 months and attend. One of the lawyers told me that beyond 6 month as given during her entry is not possible which I doubt it. Pl advise/share your experiences from those of you have gone through this process recently.

I totally agree with you. I hope date will move fast now since there is not enough people in 2002-2003. I hope this will be same for India and china too. Let`s hope for the best.

Nice poll. Can we have some modification as India and China has much difference in retrogression.

Concurrent H-1Bs have no quota restriction. You just have to mention hourly rate and number of hours per week for the second job.

I guess EAD is personal property not employer property. I had filled my I-485, EAD and AP and my employer does not even know it. On top of it i had completed 180 days and moving to another job.

Are you in H1B or EAD. If in EAD you have to renew it yourself the employer has nothing on your EAD.

I am seeing lots of people change their jobs once 180 days expire...Just trying to get an idea whether people mostly use H1 transfer or do they start using EAD? Does changing a job while 485 is in progress always triggers an RFE/interview?

Wait there is one more thing he needs to check if it single entry or multiple entry.

Entries: S (Single) or M (Multiple)

Since its a 10 Yr Visa it would be a M entry but no harm in double checking it right.

It would be a good idea to post some of your works. Or some references.

Different service center case number starts with different letters.
My case is same as yours. Earlier it used to be EAC, the latest one is WAC.
You should be able to use WACXXX... for online tracking.

any help?

I agree with all the above.

Also, since you wokred on EAD, you are no longer in H1B status. You will be OK - but it is better to ask the H1B petitioner to withdraw the H1B application to avoid any future complications.

Hi,

There seems to be a lot of mixed information about F1-OPT and I-485.

My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.

Can she apply for OPT?

I will appreciate if someone can shed light on this.

Thanks.

She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status

As far as I know since you have already been counted towards the cap once because of H1b approval for Company A(nonymous), you can get another non excempt H1b again in the next 6 years.
Dont you feel that you may be abusing the H1b by doing this? Anyways, like its always suggested, talk to an attorney.

I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer…???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.

Has anyone done this…????

Thanks in advance...