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I applied for my green card almost six years back (EB3 Jan 2003) and working with the same employer for more than 7 years on H1B. My 140 was approved in 2007 September. Recently I got a new job with pretty similar title and job descripiton. The job is in a different state . Here is my question...

Is it better to use my EAD (which is valid until October 2010) or do a H1B transfer? In case my current employer withdraw the 140 application ,whether that cause any issues?

Do I need to go back to my current employer once I get my green card?

Is it possible to go back to H1B once I start using EAD?

Appreciate quick responses.....

Yes you need the I-94 attached with I-797 in order to apply for change of status (H1 to H4). your employer can not keep I-797. Just tell your employer that you need to apply SSN and you need I-797.
Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

Arpu

hopefully they will process my application soon.....

I'm getting fed up with people on this forum who assume that India is the only country from which people immigrate to the US, and always only mention the India dates when talking about cut off dates, and assume that are the only dates people want to talk about.

Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.

Hi,

If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
I would appreciate your comments.

Regards,
Sanjeev.

Greetings,

Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.

Below is the summary FYI only.

1. Expect further retrogressions on the visa bulletins

2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July

3. Do not expect premium processing to be re-instated for I-140s for a while

4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.

5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not

6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting

7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.

8. Backlog Elimination Centers (BEC) should be up to date in one month

9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.

10. 20% of PERM cases are being denied

11. Atlanta’s motions for reconsiderations should be processed faster soon

12. New PERM form on March 28, 2008

13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.

14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.

15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!

16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.

17. The US consulates and CBP are Googling you!

People on H4 cannot get any sort of tution waiver like F1 guys can get with TA or RA

After seeing so much activism on Dream Act in the news, I think Dream Act deserves to be passed. Recapture does not. We are responsible for it for not doing anything if Dream Act passes. Just Google Dream Act and you will see so much work done on this. Compare it to Recapture bill. Reporters will also write about issues where they see lot of activity. We are simply not doing enough.

I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.

Thx



you have to options -

1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

please double check before you make any decision.

I have...
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?

Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.

Abhjitp thanks for your reply.

That's interesting! Could you please point me to a location where it says?

Thanks
This is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.

Fee : $305.00

Applied on line, printed the form.

Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)

I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.


Item (3) the cover letter, is not required, but there is no harm to include one. Besides that include photo page of your passport (to confirm you are who you say you are) help speed up the process.

Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.

Looks like they may work on May 2007 cases sometime this month occording to NSC progress.

what that RFE was for?? could you please share, if ability to pay, then how much was written on your application and what is your education etc.

Thank you very much.

Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.

I agree that you guys should push for an ammendment that one should be able to file 485 and join the queue and get the derivative benefits once 140 is approved. If we get that alone it is better than nothing.
However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.

Lets meet up on the weekend in a park or something, we can do the potluck. It will be an open place , so no restriction or shortage of space if there are a lot of people. Would be a good social networking and also the meeting as well.

I am open to all the suggestions. I am pretty new to the website, can administrator provide the list, that can be used to communicate

Thanks

I am in. It is a very good idea, this way we will have a family gathering, networking and planning for next step. How about Feb 14, 2009? I know a very good park in Chandler. If someone else suggest a park, please let us know.

I will drive from Tucson. I sent you a PM too.

I am in if IV decide to file a law suit. I will contribute.

Chanduv,

I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.

I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.

Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!

HP

Duplicity of a few greedy souls surfaces again..... we are not cockroaches to be trampled over just because you are at a further stage in the GC line.......:mad:

In this case, GO IV!!!! Huge positive step by IV to unite and help ALL LEGAL IMMIGRANTS AND IMMIGRANTS IN WAITING (students):)

now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

willIWill, can you please post the exact wording on your RFE regarding that point?
Chi_shark,

Here is the second point 'verbatim':

2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:

• Copies of both sides of your Form 1-94 Arrival/Entry Document;

• Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);

• Copies of both sides of your Form IAP-66;

• Copies of any Form 1-797 approval notice/notice of action;

• Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;

• Copies of any and all Employment Authorization documents issued to you by this Service.

Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.

Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.

Sigma 70-300 4/5.6 APO Macro Super for Nikon ---> not sure???
SB26 -> unsure so far (anyone know)
Craig

The sb26 should have no problem. My daughter is using my 20 years old little Nikon flash (name???) on her N65 film Nikon.

According to the 6) lens compatibility, you can use the non-cpu (non-AI, AI, AIS) lens in "M mode, but exposure meter won't function". My guess is: either it's like a lens adaptor, (and lose all auto-function!!!), e.g. a Hassy - Nikon adaptor or Nikkor-EOS adaptor. You focus with the lens wide open, manually turn-select your f-number, expose with the internal meter, and release shutter, ALL manually. Alternativelly, the diaphagm may "clock" automatically, but you have to meter using an external meter, set the exposure manually, and release shutter. Either way, you lose "exposure metering in one way or the other". The fore is just my guess. I would always try it out in a local store before buying anything (online).

BTW, I don't know your finanical situation and your aspiration (particularly future) for photography. You are buying into a (D)SLR system. The body is the cheapest part you buy. The rest of the system causes you two arms and a leg. Excuse my straightness (rudeness?). The three Nikon items don't worth much in the used market. I am a 25 years Nikonian, a technology trailer, currently have a F2AS and a D1 (and a Hassey, plus a couple broken Rollei TLRs), decided to switch to Canon EOS 1-series, just waiting for the right time. I think Nikon has given away on the high-end DSLR to Canon. I mainly shoot landscape and PJ, and loves to travel to exotic places - stormy desert, rain forest, high altitude plateaus and snowing avalanching mountains (>4,000m), etc. I need something SOLID.

Steven