nousername
07-10 03:07 PM
Please update your profile..
Here are the answers:
1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.
NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
Here are the answers:
1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.
NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
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beautifulMind
04-17 10:35 PM
I am currently on EAD from 485 application (no H1b)..My 485 is applied in eb3 category. Also i-140 is approved.. I have moved to a new position in the same compnay where the job duties are 50% different from the earlier position.The Position also entitles me to start another Green card application under EB2. My QUestion is
Is it possible to apply for another GC in Eb2 and use the EAd status from the Eb3 application? Since I do not have
an h1b my only valid status in US is EAD and 485 from the Eb3 application
Is it possible to apply for another GC in Eb2 and use the EAd status from the Eb3 application? Since I do not have
an h1b my only valid status in US is EAD and 485 from the Eb3 application
ckpas
09-23 03:19 PM
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
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whyregisteration
12-13 02:40 PM
strongly support :)
more...
perm2gc
09-14 12:29 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
Kumar..Talk to a attorny before filing her H1.USCIS is rejecting cases who dont have continous 16yrs education. Recently one of friend's 7th year extension was rejected based on same reason.
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
Kumar..Talk to a attorny before filing her H1.USCIS is rejecting cases who dont have continous 16yrs education. Recently one of friend's 7th year extension was rejected based on same reason.
Vish
10-11 06:02 PM
On Monday USCIS was showing that my EAD card has been ordered and today it changed to Approval notice sent....
What is the difference between these two, anyone?
I know both of them sound like music to my ears but want to know WHEN exactly should I be expecting the actual EAD...
Thanks in advance.
What is the difference between these two, anyone?
I know both of them sound like music to my ears but want to know WHEN exactly should I be expecting the actual EAD...
Thanks in advance.
more...
VivekAhuja
05-18 06:15 PM
What US address did you give USCIS? And what are you planning to give them later?
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laborinbacklog
12-16 10:58 AM
Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?
Thanks
we did it in Jan, 06 ....it looks 1.5 Month
Thanks
we did it in Jan, 06 ....it looks 1.5 Month
more...
H1B-GC
05-28 11:40 AM
Delete
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BumbleBee
08-15 01:41 PM
Yes lonemetro,
You can re-use priority date established on first I-140 for any sub-sequent I-140 filling. As I understand from your post, you have EB3 labor approved and have just filed for I-140 based on it.
Now, parent company wants to transfer you. Generally I would think you should be able to transfer and still have your GC process going if the company indeed is a 'parent company' but seems there is something different here.
As a general rule, as long as your previously approved I-140 remained approved, you can re-use priority date established for that I-140 for any subsequent I-140 petition. The sub-sequent petition can be with any employer, and yes, you would need a new labor to file that new I-140 :)
Try EB1 or EB2 this time :cool:
BumbleBee
You can re-use priority date established on first I-140 for any sub-sequent I-140 filling. As I understand from your post, you have EB3 labor approved and have just filed for I-140 based on it.
Now, parent company wants to transfer you. Generally I would think you should be able to transfer and still have your GC process going if the company indeed is a 'parent company' but seems there is something different here.
As a general rule, as long as your previously approved I-140 remained approved, you can re-use priority date established for that I-140 for any subsequent I-140 petition. The sub-sequent petition can be with any employer, and yes, you would need a new labor to file that new I-140 :)
Try EB1 or EB2 this time :cool:
BumbleBee
more...
hoolahoous
08-24 02:06 AM
sfo counsulate charges a fee for endorsement. I recently travelled to India and carried old passport + new passport and PIO card without endoresement. no issues.
endoresment is needed only if you don't carry your old passport, but I guess you already know that carrying old passport is more beneficial than not carrying it.
endoresment is needed only if you don't carry your old passport, but I guess you already know that carrying old passport is more beneficial than not carrying it.
hot “What do you mean? Like
sts_seeker
06-14 05:35 PM
Hi All,
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
more...
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thakkarbhav
02-07 12:24 PM
First complete your profile so person who is viewing your case understands you better.
You have enough time. Find new job and then new employer can process your Eb2 GC. I-140 can be done in 15 days with premium processing.
You have enough time. Find new job and then new employer can process your Eb2 GC. I-140 can be done in 15 days with premium processing.
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peekay
02-17 09:52 AM
I just came to know through various sources. I am not sure how much of fact there is in that information.
more...
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harsh
12-30 10:39 PM
I read somewhere that the new memo is effective immediately. So you should consult with your immigration attorney soon. You might be able to take advantage of the new memo and get 6 years of H1b.
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masti_Gai
10-27 10:15 AM
Finally u got ur approval. Good for ya.
well applyin SSN isn't that difficult.
U'll get it in a span of 4 to 6 weeks.
well applyin SSN isn't that difficult.
U'll get it in a span of 4 to 6 weeks.
more...
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sugaur
10-24 12:11 AM
I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.
The guys a communist. " From each according to his capability, to each according to his need". Poor illegals need GC more than we do.
The guys a communist. " From each according to his capability, to each according to his need". Poor illegals need GC more than we do.
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gc28262
07-09 09:37 PM
what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?
IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.
IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.
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msp1976
03-08 03:22 PM
For all RIR cases, they have gone through March 28, 2005 at least one iterations...They also have been approving cases randomly...
For TR it is still not clear.....They have started posting the jobs in america's job bank...
So it could be anything now...There is no set pattern at present...
There is speculation on immigrationportal that all 2001/02 cases would get through in March april ....
For more info use these trackers..if you donot know about them already...
http://boards.immigrationportal.com/showthread.php?t=161571&page=316
Please note that even if you get certified, without immigration reform you would be stuck in another queue...
Please contribute money to IV so that IV can pursue you interests.....
For TR it is still not clear.....They have started posting the jobs in america's job bank...
So it could be anything now...There is no set pattern at present...
There is speculation on immigrationportal that all 2001/02 cases would get through in March april ....
For more info use these trackers..if you donot know about them already...
http://boards.immigrationportal.com/showthread.php?t=161571&page=316
Please note that even if you get certified, without immigration reform you would be stuck in another queue...
Please contribute money to IV so that IV can pursue you interests.....
Cheran
09-19 04:41 PM
I work for a Government Agency as a H1 employee, I have my EAD as well but dont use it. I am sure the attorneys made sure that its ok to hire a H1 as an employee. Now I am doing an AC21.
Thanks Guys, So I guess it's a possibility?
Thanks Guys, So I guess it's a possibility?
kaushalrupani
07-12 09:40 PM
Hi,
Here is my story, your help & information will be appreciated...
1. I am currently working for Company A on L1B.
2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.
Now, my problem is that I do not want to Join the New company until December.
However, can I still work with my company A on L1B even if after October.
Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???
Here is my story, your help & information will be appreciated...
1. I am currently working for Company A on L1B.
2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.
Now, my problem is that I do not want to Join the New company until December.
However, can I still work with my company A on L1B even if after October.
Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???
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