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I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

Would my transfer affect my 485 processing. If yes, is there a solution?


GUYS: Do not advise if you dont know AC21 portability for sure.

To CanadianIndian:

No. Nothing will be impacted. You can move to a new location.

During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.

After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.

If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.

Here is my classic quote:


Please accept my humble and sincere "Shame on You" compliment, if you fit all of the following:

Have IV ID OR visit IV as guest.
Been visiting IV forums for 1+ month.
Have not contributed a single penny to IV. [MOST IMPORTANT]
Will benefit (and/or ARE BENEFITTING) from IV.

I wonder how you can live with yourself benefiting from the sweat of others.

Please help yourself by contributing asap.

If your wife wants to work, then, of course, both of you have to be on EAD.That's not correct. Primary applicant could be on H1 and dependent use EAD. When dependent starts using EAD it doesn't affect primary applicant.

Also depends what is the compensation for the position. As what I see normally (applies to contracting only) any job under $50/hr goes unfilled or takes longer but jobs with $80-$100 gets filled in 2-3 days and creates shortage for those.
May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D

Thats why I recommend paper file.

Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.

thanks for the replies again...

Guess if mailing out of the country is an option I should ask my friend to do it, guess FEDEX or UPS is quite reliable.

So If I am lucky and my case gets picked/approved while in India then I can get the card mailed there...

but in any case, I have asked my company's lawyer also, will post here once I hear back from him...

Now begins another waiting game ...

can one ask NSC and see if they have cashed check > they should be able to tell us by our last , frist name, social security etc ?

Where is the link of USCIS memo which talks about following

"There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers."

Hey guys, I received this notice in the mail from USCIS asking me to appear for "Initial" interview for further processing of my I485. Can someone please throw some light on what that might involve?

My PD is 09/04, June 07 Filer and had an RFE back in Septmeber.

Please reply.

Are you from Rest of the world or India/china?

I chanced upon this c-span program on Saturday and called in to ask Rep Ed Royce about legal migrants. Listen to my question in the last two minutes of the broadcast.

http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2

Rep. Ed Royce (R-CA), International Relations Cmte., Member, discusses two field hearings he chaired this week on Border Vulnerabilities and International Terrorism.

http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2

May be you need to amend I-140. Please consult a good attorney/lawyer.

Not a legal advice.
But the 140 is already approved,can it be ammended now.

From what I can infer from the replies so far:

1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible

2. For contract positions, eliminating the desi layer in between might help increase the rate.

In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?

You eliminate vendors based on what your expectations are as per the rate is concerned. You can not eliminate vendors totally because most of the large corporations go thru vendors , could be desi or otherwise .

Having an EAD opens up more oppurtunities than on H1 , Its up to the individual how one wants to use/benifit from the oppurtunities.

I have your request to join, we are indeed very active.
My sincere apologies at not getting back to you so far- will redress that asap!

Welcome...we are delighted to have you with us.....:)

Hello I live in plymouth and I would like to join with you guys for DC.Could you please give me more details.

someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant

A good employer and a good law firm will not have the dirty deals of trying to screw an employee.

It is true that Law firm is not obligated to answer employee on 140 because it is an employer petition and they may not act against wishes of employer, BUT if they are good people and have some ethics they will send a photocopy to the employee for his/her records.

FOIA takes time, but one will eventually get it through that channel also.

On bench with GC... Thats like you are out of job isn't it? On H1 if this happens its also illegal. I assume bench means no pay or LOWER than normal pay for the job.

I love joining to this forum

ofcourse you can renew your H1B using your pending I485 and you should get 3 years extension. There should not be any problem.

I don't think your revoked I140 will pose any problems as your MTR is accepted.

Filing your H1b and what documents to be included will be taken care by your attorney.

I think you should be OK. Any way all the best

I filed back in June, 07. I got second FP notice for my wife. Nothing for me so far and I am primary applicant.

I forgot to mention that I purchased only the body and put on an old F-801 35-70 nikon lense.

You have 2 best possible scenario.

1. OPT should give you 29 months window to apply for H1 or AOS (that is when PD becomes current for EB2 India). It doesn't hurt to start I-140 NIW process now.

2. It may be a good idea to consider EB1 as well, although it may be very challenging. Approval under EB1 might make your AOS journey shorter.

You could piggy-back on your H1 spouse's AOS if that is on-going.

You could explore multiple options simultaneously. There is no bar. Just remember one thing though. F1 and OPT are non-immigrant intent statuses. Hence, timing of I-140 should be prudent. It is better to do I-140 petition after OPT approval. Check with your attorney. Good luck!