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As far as I know you donot need to file another I485.

Hi Gurus,
1) Is it possible to have 2 different I-485 with 2 different employers at the same time?

I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,

2) Is it possible to file second EB2 I-485 through my future employer?

3) If file second 485, what will be affect on pending I-485?

Thanks

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

You can tell the US Consulate that you dont have a H1 Visa Stamped in the Passport. I dont think the Consular Officer will revoke your H1 over that, unless there is any fraud involved. Unfortunately, you cannot file AP while your wife is outside US.

I think you must have a valid H1B stamped in your passport to get H4 stamp for your wife.

^^^^^^^^^^^^^^^

Thank you all.

PD is Nov 2004 - EB2

I would appreciate if any of you could shed light on the following scenario:

If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.

Thanks

Finally after nine years in US my Green Card is approved.

On this very day in 2001 i was in flight to USA

1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

Thanks

Congrats Buddy!!

Let us restart the Washington state chapter - all interested volunteers, please email me at mrajatish@gmail.com to kickstart the process.

-Raj

inline...

I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




agree with the rest of your post.

I will offer a different perspective. There are IT packages for every application nowadays. If you have expertize in your own field (Bio Engineering or Finance for example), try to think of unmet needs in your functional expertize areas and come up with a software product. That will be the best use of your knowledge. And do not forget IV, when your product becomes a big hit and you become a millionaire.;)

Hi Logiclife
The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.

Extremely well put together. Can we send it to USCIS director so that it can make some impact ??

If you are sick of the GC retrogression and Canada is not your cup of tea, UK is another option for you. You can calculate your points online to see if you are qualified for the UK Highly Skilled Migrant Programme (HSMP). It is always good to more than one option.

http://www.workpermit.com/uk/hsmp_calculator.htm

:cool:

Thanks for posting this information, I was looking for it.

n1 buehler

ROFL buehler you are too funny!!

PD_DEC2002 I never even realized there were messages when going over those squares, how interesting!

I talk to USCIS CC/IO last week. She told me that it will take approx 90 days to assign my case to AO. So my case is still getting dust on room and not with officer. It's sucks but wait continue...
PD: July 2001 (EB-3 India)
RD: July 2nd 2007
ND: Oct 10th 2007

I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)

I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.

The US branch of your employer should consider filing an H-1B for you. The quota has not yet been used up for this fiscal year, and if it is approved, you would have the certainty that you could begin work in the US on October 1, 2009.

It is very possible that the appeal would not be decided before Oct. 1st, and the odds of the AAO reversing the denial are generally not good.

You might also want to consider whether you might be elligible for L-1A status.

Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.

If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

Is number of applications in 2001 and 2002 is > 40,000.

Its very hard to believe.

bump

Hi,

I just joined this forum. It really looks neat for just 4 days of existence..

In my view, we need to really differentiate this forum from lot others out their, the name of which I don't have to mention. One way of doing that would be making this an "action forum" than another information forum. As a starting point we should have clear vision and mission statements.

Vision should be strong and action oriented. Not like "helping the immigrant community." I would propose " Inspiring/Organizing legal immigrants to realize/understand their rights and play their part in securing/achieving them.." or something like that.

Mission statement should be the priorities (again actions/tasks/goals) per year, set in the beginning of every year..

I propose the following for this year:

1. Making sure Retro relief is put in and passed in the Immigration reform bill
2. Identify and tie-up with at least 2 high power partners
3. Some relief for people affected by FBI name check -- This could be long shot, but I am putting it anyway because it is close to my heart:-))
4. Others..

I will stop my onslaught and get ready to hear your good/bad comments..

Thanks

Sueing immigration system could be our fall back resort if there are no reasonable bills passed in the coming days.

Its could not get any worse than what it is right now.:)