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  • pariraj
    08-26 02:21 PM
    She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D

    PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...

    She can not get an H4 though... thats seen as abandoning your AOS status...

    Hope this helps...

    Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?




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  • chanduv23
    06-12 09:32 AM
    I went through it. I was fired but made to resign, and this happened in my 6th year H1b. I was given a 2 month severence check but lawyer told me it is not safe to assume that the severence period makes my stay legal. 30 to 60 days is safe period for h1b transfer.
    Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.

    This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.

    Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.

    As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.




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  • H1Girl
    10-13 02:52 PM
    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!

    As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )




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  • optimystic
    04-21 04:24 PM
    hi friends,
    even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
    any response is appreciated

    Load balancing is one of the primary reasons.



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  • Appu
    04-17 04:01 PM
    Sign this petition on Sen Kennedy's website in support of immigration reform:

    http://www.tedkennedy.com/fightforfairness

    It may help...




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  • bugmenot
    04-10 08:10 PM
    THere are restrictions on applying H1B via multiple employers. THe candidate will be rejected outright. Read the recent guidance on the USCIS website. So hopefully we will not see multiple applications for the same person this year.

    no ur confused, it was a restriction on multiple petitions by the same employer ,single petitions by multiple employer is legal and now abused , unfortunately



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  • webm
    04-21 01:24 PM
    I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.

    Good luck to everyone.


    Congrats!! dude...:) really a magic...


    -----------------------
    EB3-I Oct 1,2001
    485 RD June,2007 --TSC (waiting/hope)




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  • veni001
    02-03 07:32 PM
    Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.

    CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:



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  • sledge_hammer
    07-01 12:43 PM
    I am in the same situation currently.

    My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.

    They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).

    Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?

    I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.

    According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.

    In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.

    Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.




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  • arjunpa
    08-18 11:35 AM
    Thanks for the replies guys....

    TXH1B,

    The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.



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  • YesGC_NoGC
    06-20 09:42 AM
    Thanks man,

    What was your experience when you invoked AC21 both the times? Did you or your employer notified USCIS? was there any difference in title and or responsibilities? Did you try make sure the job title match with teh SOC codes that is on your labor?

    hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..




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  • pappu
    08-15 11:30 AM
    I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).
    EB2 is unavailable rt now and will be severely backlogged due to cases coming from BEC. When eb3 got backlogged, several people filed quickly as eb2 in order to get eb2 benefit. However now that eb2 is unavailable it is tough to say if when it becomes available it will actually move fast at all. With BEC cases coming up, there is a chance it will be stalled at jan 2003 or earlier in order to allow old cases to be cleared. this will be enough for India quota be over.

    EB3 is available rt now however the wait is very long and will move slow.

    in this scenario, prioirity dates are most important than eb2 vs eb3. both are likely to be heavily backlogged anyways for india.

    lets hope some immigration relief happens soon so that we dont live in such tension.



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  • HeeKwan
    02-01 08:44 PM
    Congrats




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  • tampacoolie
    07-09 12:46 PM
    Upgraded to PP on 06/27 and received RFE on 07/06 ability to pay.



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  • WaldenPond
    01-02 10:42 AM
    Excellent idea logiclife.




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  • chanduv23
    09-04 11:16 AM
    You can work on h1b - you will get H1b based on existing approved 140 and pending 485.

    If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.

    Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.



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  • gauravster
    01-20 11:27 AM
    As far as my understanding goes, EB1/2/3 is fairly recent, 15-20 year pehnomemon. As such getting examples of people who have been extremely successful post getting the visa is going to be difficult. Even for Harvard reunions, usually it is only at the 25th reunion (among a few thousand people) that you have some very successful people, in a 10-15 year span, getting extremely successful(to have your name in newspapers every other day) is like a 1 in 100,000 chance. Even with EB1s.




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  • makemygc
    09-19 07:21 PM
    Hi Joozz,
    I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
    Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.

    Hope this helps,
    MakeMyGC
    Hi guys,

    Is there anyway somebody can give me an advice what to do?

    My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
    Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
    Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
    I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
    Thanks in advance.




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  • myvinbox@gmail.com
    08-17 12:17 PM
    go exact same reply..please let me know if you hear anything about your case




    javadeveloper
    09-27 04:30 PM
    Hi All,

    I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?

    I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
    Thank you very much.

    -------------------------------------------------------------
    EB1 ROW
    PD: 08/2006
    140: approved in 06/2007 (NSC)
    485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    FP notice recieved on 09/24/07
    FP appointment (self and spouse): 10/16/07

    I have same issue:

    My paralegals response:
    He gave USCIS's Ph# and asked me to call them

    USCIS's response:
    Don't worry , during 485's approval time USCIS will find that I have two A#'s and consolidate those two numbers.

    Now as per other members , do I need to raise this issue with IO at the time of Finger printing??? If we do what we can expect from IO at FP office?




    senthil1
    04-15 01:31 PM
    US Citizenship is valuable. Never ever think of cancelling it any time. There are plenty of jobs available in USA for skilled programmers. Only thing is patience and perseverence in your job hunt.I do not want to comment your removal of job as there might be multiple reasons not necessarily skill. There are some jobs which require US Citizenship those will have less compettion. Also you need train yourself for the skills which are hot in the market. Job hunting is always challenging even if you have excellent skills and market is good.

    In India also US citizenship is valuable as employers will give some preference as you can travel USA and some other countries easily.

    Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
    fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.

    The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.

    I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.


    What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.

    Thank you, thank you, thank you, for permitting me to present my delima to this your website.
    abby



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