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Could make sure that you have had a soft LUD on your portfolio is what made you to call CIS ?

Yes.. i called because i have SLUD on 09/01/09 and my case was assigned to officer on 07/08/09 and PD is current in Aug and Sep.

The answer to your question: It depends on your situation.

If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.

If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?

Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....


So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?

Hi,

My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
that time frame I would have already applied for my EAD renewal.

Can I transfer to Company B during this renewal process?

Thanks
AK

My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.

So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

Now my last option is to apply for AP for my wife while she is in India.

Can I apply for AP when she is in India?


Thanks

trying go get an answer if any one can give some insight?

i also need the answet to this question , how should one respond if somebody gets rfe with different job

Thankk You Sunny1000. This is very helpful information. I will go to the nearest international airport and get it corrected. Thank you all for your advice. I will post here when i resolved the issue

If this passes this will be awesome for Ph.D. graduates.

This may be a serious issue. Consult a lawyer. Receipting may take a while.
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.

who is vld rao?

It's actually VDLRao, as far as I know...

Hello, I have a question for you guys. Can you point me to some documents I can read about GC adjudication?. I'd like to know if the "priority date" has any importance after you apply I485. Are they proceesing the I485 applications based on country quota, employment caterogory? Thank you for the clarification in this matter.

My impression is that the "priority date" it's not important after you file the I485, but I might be wrong....

Any idea?

Thanks,
ValySivec

Hi Bhayzone,

Allow me to help you a bit here...

First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:

1) The new application should not be counted against the yearly H-1B cap.
2) Your current H-1B status be "extended" in the US
3) Your wife's H4 status be "extended" in the US

Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)

I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.

All this is doable because you can:
1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.

Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!

Good luck!

Ams

Hi,

My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.

I am worried about the implications this might have on the H4 to F1 transfer.

1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.

2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).

3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.

All advice/suggestion would be really appreciated.

India EB3 2004 June.

The new employer does need to support you thru the GC process, again unclear if this is something that is needed in the AC21 letter or not.

The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.

My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.


It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.

My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.

It is not just IV. He does not give any other source where he is getting information. In IV some persons always try to find fault with others whether pro immigrants or Anti immigrants. IV is dealing with only very small part of immigration that is Green card for highly skilled persons. But other groups like AILA is trying to get benefit for all the section of immigration. Of course there is no surprise in seeing their welfare first before seeing others. Lawyers will give more importance to their profession than the common people
Given that (I believe) he regularly visits IV and gets information from here, but never wants to give IV the credit for it.

Slightly off topic. But do we need to send our original BC if we are sponsoring someone other than your parents. I am in the process of sponsoring my aunt and would like to know if i need to send my orginal BC. Sorry for going off topic.

If you meant birth certificate, i do not think so is a requirement..

Could someone please post the article here?

Does anyone have exact idea on what is meant my PD portability. I have my i140 approved on locaiton A. Then I moved to location B and started a new labor and filed for 140 last month.

There was no mention in my second 140 about the old PD. When does exactly I have to mention that I have a PD to use. Is this in 485 stage? When I checked with my attorney he said, I have now two PDs and I can use any of them. But when and how I dont know?

Yes. I will share the bus ride from Buffalo, NY.

saravanaraj -
Would you consider riding a bus?

http://immigrationvoice.org/forum/showthread.php?t=12567

Please vote!

I spoke to company attorney they said as long as job description is same and it is commutable distance then you can change job location. There will not be any problem and you do not have to come back to original work location.