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Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.

I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent

Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status?
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school?
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)?
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)?
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005?
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe?
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school?

Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.

I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.

Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).

Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.

It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.

LC Salary:- $85,000
LC Location:- New York

New Job Salary:- $74,000

New job Title and Job duties are same.

Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.

As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.

I've consulted few immigration laywer and the opinion differs.

Experts.... Please help

I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.

1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.

2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.

Hi frnds,

I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.

Tanx.

Can you name them? I think I can help.

I have question Need Urgent reply

I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial

my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.

U asked 2 basic questions and we already told you ,(1) you can find the members list yourself.. and (2) why do you need the list? what are you going to do with it??

if you think your time is so precious that you don't want to answer the above.. sorry boss, be prepared to be disappointed.. again.. (may VB is just out).

This is unreal !!.

I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.

About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

Comments on the analysis.........?

I am not sure what percentage of these are PERMs, filed for same person. Atleast, I for one can speak for myself. My PERM was filed last year but now since I changed my employer after that, everything is reset.

you should in fact thank the system for letting you to continue on H1 ..

Hi,
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.

Thank you.

Question is why do you need a lawyer for AC21. It does not require any action, unless USCIS asks for confirmation of same/similar job offer. In any case, if you choose to take some action, just send copy of new job offer to UCSIC (by your your new employer that they have a job for you when you get your GC). The letter should have job details same/similar to what you were sponsored for.

When lawyers want to do this, they do so only to make some money.

LostInGCProcess, his I140 is not approve, how come he can use his EAD ?

AOS can only be use after his I140 is approved.

Thx

That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.

Our cases are assigned to IO more that 60 days ago. No LUD's sofar.

Called VSC, One officer told me that they have thousands of cases pending. :confused:

Any one got GC recently and pending with IO more that 60 days ?

Appricaite comments and advice.

Chris,

How did you reach to the IO (Officer ) to know your status , is there any number/ options..

Please advice.

Thanks.

I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.

This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.

In sramanic thought, Nirvana (Sanskrit: निर्वाण, Nirvāṇa; Pali: निब्बान, Nibbāna; Prakrit: णिव्वाण) is the state of being free from both suffering and the cycle of rebirth. :D
that was just for fun...

now, I am sure you know you can get the FULL list of members from "members list" tab. and once you get there, you can sort out who are active (by posts) etc..

you asking question once a day doesn't mean this is HIGH PRIORITY for the ADMINS.. they are not paid for this.. unless I personally know you, I am not sharing any important connections (contacts) with you, why do you think IV should spill everything out because you requested it.... if you want them for a good cause.. state that cause and request for IVs media contacts..

Trying to reach you guys for a while now.

1. How many active users are there as of today.
2. What are the media we have connection with.

Thanks.

Is there already a poll like this for EB3?

EB3 polls are here:

http://immigrationvoice.org/forum/showthread.php?t=4440

http://immigrationvoice.org/forum/showthread.php?t=4420

Unfortunately,kaplan doesnt issue I-20's anymore.
Are you sure than ,while the H1B is being processed ,you can live here legally?
Also what if I get use premium processing and get my H1B approved earlier,would I be able to start work before Oct 1st?

My OPT expires in May 2007 and I have my Masters from here...

Thanks in advance!!!

Hi, can someone help crack this puzzle?

I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

Now, he just called saying he is confused and not sure!

His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

Appreciate any inputs!

Cheers!

IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).

She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe


I thought the same...these people have no clue what they are doing.

You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)

If they did, they could just invest and qualify for EB5!:)

Hi
Any guys with RFE on this

Hi,

Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then i can get my family here since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?

You cannot do a COS for them while they are in india. It would be better if you can apply COS for all including yourself at the sametime to avoid complications. Basically the COS for your family must be applied before your COS gets approved. I suggest you speak with a lawyer for exact interpretation of rules.