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I have posted this message in other threads couple of times but no reply so trying to create a new thread so it can be reviewed. Sorry.

I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..


I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.

Never seen any one asked for EVL for derivative at POE. Especially on AP. So you should be fine on that front. But You need to realize that you need to find a same / similar employment ASAP.

Hi,

Here is the my status:

- 140 approved(EB3 category)
- I am in 7th year of my H1
- 3year H1 extension is in-process

All of the above with Company-A.

If the 3year H1 is approved, will I be eligible to change job to Company-B and transfer my H1 to Company-B?
Can I take my priority date from my application from Company-A to B?
In what way Company-A can affect my status once I switch to Company-B?

Thanks for your input.

My employer participates in e-verify and we have several employees in H1/EAD/OPT etc. No issues so far.

Since lawyers are opposing e-verify, e-verify should be good for us. ;);)

......
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.

Will this be a big problem in the future in terms of Green card processing?

......
..... I don't know much about the legal process.

Thank you!

First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.

Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf

You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.


________________
Not a legal advice.

check this out The Beacon: USCIS Welcomes You to The Beacon (http://www.uscis.gov/blog/2010/03/uscis-welcomes-you-to-beacon.html)

Hello

Thanks for looking at this question:

Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.

Questions:
Now I am searching for a job, I am getting job offers.

1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?

2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.

3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.

Please throw some light on the best option I have.

Thanks!

You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.

@itsmesabby: No this was my stamping after my first extension. It was cancelld at Kolkata consulate.

@vban2007: Are you sure that I can do a transfer? Or should a fresh H1B be filed by the new employer?

could you be a little more specific as to what "a" and "b" or "h" are addressing.

hi smuggymba,
As your H1 extension is in process you can continue working until you get the approval notice. One you get the approval notice u will have the new I-94 with it which you can attach to the current one in passport and later point u can go for visa stamping.

Take the advise of your attorney as well

Is university h1 the same as non-proft cap exempt h1 or is it different ?

USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 ‘Regular’ cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.

As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.

More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)

USCIS financial loss:

cap : 65000 (minus chile, singapore 6800) = 58200

cap count : 47,700 (max) , 44,400 (min)

H1B filing fees: 2320 USD per application

shortfall : 24,360,000 (min) , 32,016,000 (max)

Assuming 15% premium processing 1000*1000 = 1,000,000

Total shortfall for new applications : 25 million USD. (min)

Also since I have 2 year EAD now, I may not renew my H1 this november. I am sure, L1, H1 extensions etc are having similar revenue impact.

I am in.I am on oncall support next week.(11to17).so any time after that will be good.

Thanks validIV for your reply.. I spoke to couple of attorneys regarding that.. one said its illegal and dont want to talk about it, other said that's the only option for my wife to go to job since she doesn't have an EAD.
Lawyers reading this thread can throw some light..


thanks

What is I148?:confused:

LOL! Does he mean I-485?

I know of a friend who had his grand parents visit him recently and they had no trouble. When asked, I was told they mentioned they wanted to take a trip to see their grandson while they could. All the best.

You'll always have very limited DOF in macro situations. That's why real macro lenses (ex. the Micro-Nikkors) are optimised to give good results even when stopped down a lot.

why?...it is not that noisy in high iso at all...very usuable compared to the d1x
anyone heard more about this - fact or fiction?

Don

Questions: :confused:

1: I am primary applicant and we have our EADs approved. I have been offered a grant assistantship to complete my PhD research early next year - spring 2008 (in the same field as job) and employer is OK with me going part time for a semester as it benefits them. Is it fine to do that or do I have to remain "full time" with employer while GC is pending?

2: If I use EAD for school (assistantship), will H1B be invalidated? My H1B has 4 more years. If AOS is denied by chance, what are my options?

3. What if the GC is approved in that 6 month while I am part time with company (as I am current now with EB2 ROW) do I have to switch to full time or "intentions" of being full time in future are sufficient?

4. Will the company (my current employer) have to provide a letter saying that I work 'full time' if there is an EVL while I am part time or they can give me an offer to work full time in the future?

You are spot on. I did spoke to some folks and every body said the same thing, you cannot bring the kid in this country unless the priority date becomes current. That could be long time the way things are moving....

Hence we are stuck almost same situation as you guys are....

Anybody who can give us any other alternative that would be great...

Thank you for your responses! I guess it makes better sense to do the H4 processing sooner than later!