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As long as your DOL job code is same or similar between your approved labor and new job you will be ok.


Hello Gurus,


This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.

Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.

Please help me.:confused::confused::confused:

I talked to attorney Murthy about this issue a few weeks ago. My 140 was approved July 2007. The salary I currently make 485 is 10K less than the salary mentioned on my Labor. I work for a speciality Pharma company with steady revenues. They are a public company as well. Two years ago my company Attorney(Fragomen) and my HR said that should not be a problem since GC is for a future position etc. When I checked with Attorney Murthy she said that is true but if you get a strict immigration officer he can say that the prevailing wage determination for your job was done two years ago and you are still not making that money. She said it is better to make the $$ mentioned on my labor now. I am going to ask my company attorney the same question and see what he says. I have a lot of respect for my company's attorney

EB3_NEPA

As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.

And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.

If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...

I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.

Hope this helps...

:( That sucks, but thanks for the info.

:p You just killed spirit of "AC21"

:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !

I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�

Here are the definitions

Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

Let�s consider the following scenario

1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

2) I-140 gets approved and I-485 is pending for more than 180 days.

3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

5) I-485 gets approved.

Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

What if company C is running in loss and not in a position to pay the proffered wage.

Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?

Did you efile or paper-file? Most of the E-filed applications are taking ~90 days to get to Card Production Ordered (CPO) status. Mine took exactly ninety days.

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

Would someone mind posting a link to a pixel stretching tutorial? I do a lot of photoshop work and have never seen it yet.

Hi kondur_007,

Now can i do the 140 premium processing,to know the result asap.

If my 140 is still in process,can i file another perm labour and can i use my old labour dates.

Thanks for ur response.

Very logical answer covering all the related issues

Bull***t!

What makes you think so?

I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.

The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.

So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?

Thanks for the info vxg. Thanks for sharing.
So, did you notify USCIS at any stage about your promotion ?

My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.

any news from fragemon

Please

Here is a good link on non-compete clause. From what I heard, these clauses cannot be enforced in most of the cases.

http://en.wikipedia.org/wiki/Non-compete_agreement

I signed one last week knowing that it does not have much validity.

In doubt check with an attorney.

Hi All,

I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

Preferred Vendor X > the Client C

Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?

6 months.

Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.

Smuggy,

If I were you, I would start looking right away and will definitely file the transfer with a Premium. I consider it the cost for peace of mind more than anything else.

HRPRO

Hoo .. i am not attacking illegals .. i just ENVY them ... Powerful senators & congress men are after them ..


What happened in 2007 is now history. That is not likely to repeat in the upcoming CIR. At this time CIR is the only way to get things moving. Unless CIR is defeated or unless administration says that they do not want a CIR bill, piece meal approach is not likely to happen. Given the situation, asking for a separate bills is setting ourselves for failure, and it alienates us and our issues from the pro-immigration community. At this time, if you call/meet with lawmakers asking for EB only bill, the pro-immigration lawmakers get turned off and anti-immigrant lawmakers use the count of your call to oppose the immigration reform. At this time its a bad idea by calling lawmakers asking for "EB only bill". It will only turn out to hurt our issues and the cause. Additionally, it doesn't help to call specific lawmakers who already understand, agree, support and champion our issues.

IV do not have a any position on on the issue of illegals/undocumented. And whatever is your personal belief, please understand the reality of the situation and refrain from attacking illegals on IV forums as it doesn't help our cause in anyways.

can Employer with draw Approved I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.

Relax guys dont gang up like that - maybe he believes in himself and will actually fight for his rights unlike many here on IV!
dyekek12 - as you can obviously see from above, there are a lot of frustrated souls out here. You are in the wrong forum to pose such q's - this place is filled with a lot of socially challenged tech grads who sit on their asses the whole day tracking bureacracies and complaining like village bellies & then do nothing about it. Your q is best answered by a college counselor or dept head. Pick a school with a good program and see what their grads are doing. Most grads will happily answer q's for you honestly. There are plenty of websites to do your research on - but approaching it as an eb3/eb2 gateway is bad. All of them are screwed up.

it sounds like it came right out of his a$$
:p
This rumour sounds like its straight out of timesofindia :p;)

Sorry Gurus, Couldn't figure out how to start a new thread. So posting here,

My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?

Thankx in advance.