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  • 90210
    05-10 08:13 PM
    I-140 approved, and more than 6 months since 485 application.

    I just used my AP. Now can I change the employer on H1? I am hearing something that the latest I-94(that I got at POE last week) has my status as AOS, so the H1 transfer may not be possible. Is this true?

    I am sure lot of the people has the same question. Can some clarify?




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  • h1-b forever
    04-22 08:33 AM
    small correction:
    president is not a member of the congress and neither are the judges (separation of powers)


    you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.




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  • Berkeleybee
    05-17 01:35 PM
    I listened to President's speech last Monday on immigration.But,he did not mention anything about legal immigration issues. I think ,we should send a memorandum or mass letter from each members of IV to the President.

    We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?

    Va_labor2002,

    The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.

    Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.

    best,
    Berkeleybee




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  • psk79
    10-15 01:33 PM
    Now my last option is to apply for AP for my wife while she is in India.
    Can I apply for AP when she is in India?


    I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.



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  • GCBy3000
    11-09 02:44 PM
    I moved from location A to location B within the same state with same employer. My legal consulting with company attorney is as below.

    1. Yes, you can move to different location. But you have to move back to the original location once you get GC. How long you have to work at the original location is a grey area. My attorney said anywhere between 6months to one year will do.

    2. If your employer is not willing to relocate you to the original location, you HAVE TO start your LC process again in the new location. Even before my labor approved from location A, I moved to location B. Since my company is good, they agreed to file 140 for location A just for me to keep the PD. Now my location B 140 is filed.

    3. With the new perm process, there is no provision to state that a employee will work in multiple location. This is what I have heard from my attorney.

    4. When I asked him what will happen if I dont move back to location A and continue working in location B, he said I will get into trouble when I to for interview for my citizenship. Until then, it should be fine. Only case it will be a probelm when a query is put to the employer and he does not backs you up. Of couse, no one should lie and I dont want my employer to lie for me.

    Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.

    Thanks for all the inputs




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  • rangakutta
    02-10 11:56 AM
    I have a masters in Electrical engineering. And my job duties is system administration or say system analyst.



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  • ras
    11-12 06:19 PM
    after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..

    i am not a lawyer

    Is that even if I-140 is not approved (pending), after I-485 is pending for 180 days, one can change jobs using the EAD?




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  • delax
    07-16 01:21 PM
    this post is a great example of diplomatically writing a lot and actually saying nothing ... way to go!

    I beg to disagree - I think if you read between the lines it is quite clear that potential solutions are being discussed. A solution may be announced but NOT within the 24 hrs that we all are expecting. It may lead to a deadlock in which case the lawsuit would be one of our recourse.

    I think we all got a little carried away by the 24HR time frame from Core.



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  • skd
    01-09 05:07 PM
    Not a bad idea, I don't know what's purpose it will serve, Still just to know...I don't mind this poll.




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  • yganreddy
    08-06 10:58 PM
    I read this in other forum and thought of sharing it

    ----------
    When I got home that night as my wife served dinner, I held her hand and said, I've got something to tell you. She sat down and ate quietly. Again I observed the hurt in her eyes.

    Suddenly I didn't know how to open my mouth. But I had to let her know what I was thinking. I want a divorce. I raised the topic calmly. She didn't seem to be annoyed by my words, instead she asked me softly, why? I avoided her question. This made her angry. She threw away the chopsticks and shouted at me, you are not a man!

    That night, we didn't talk to each other. She was weeping. I knew she wanted to find out what had happened to our marriage. But I could hardly give her a satisfactory answer; I had lost my heart to a lovely girl called Dew. I didn't love her anymore. I just pitied her!

    With a deep sense of guilt, I drafted a divorce agreement which stated that she could own our house, 30% shares of my company and the car. She glanced at it and then tore it into pieces. The woman who had spent ten years of her life with me had become a stranger. I felt sorry for her wasted time, resources and energy but I could not take back what I had said for I loved Dew so dearly.

    Finally she cried loudly in front of me, which was what I had expected to see. To me her cry was actually a kind of release. The idea of divorce which had obsessed me for several weeks seemed to be firmer and clearer now.

    The next day, I came back home very late and found her writing something at the table. I didn't have supper but went straight to sleep and fell asleep very fast because I was tired after an eventful day with Dew. When I woke up, she was still there at the table writing. I just did not care so I turned over and was asleep again.

    In the morning she presented her divorce conditions: she didn't want anything from me, but needed a month's notice before the divorce. She requested that in that one month we both struggle to live as normal a life as possible. Her reasons were simple: our son had his exams in a months time and she didn't want to disrupt him with our broken marriage.

    This was agreeable to me. But she had something more, she asked me to recall how I had carried her into out bridal room on our wedding day.. She requested that everyday for the month's duration I carry her out of our bedroom to the front door ever morning. I thought she was going crazy.

    Just to make our last days together bearable I accepted her odd request.

    I told Dew about my wife s divorce conditions. She laughed loudly and thought it was absurd. No matter what tricks she applies, she has to face the divorce, she said scornfully. My wife and I hadn't had any body contact since my divorce intention was explicitly expressed. So when I carried her out on the first day, we both appeared clumsy. Our son clapped behind us, daddy is holding mummy in his arms. His words brought me a sense of pain. From the bedroom to the sitting room, then to the door, I walked over ten meters with her in my arms. She closed her eyes and said softly; don't tell our son about the divorce. I nodded, feeling somewhat upset..

    I put her down outside the door. She went to wait for the bus to work. I drove alone to the office.

    On the second day, both of us acted much more easily. She leaned on my chest.. I could smell the fragrance of her blouse. I realized that I hadn't looked at this woman carefully for a long time. I realized she was not young any more. There were fine wrinkles on her face, her hair was graying! Our marriage had taken its toll on her. For a minute I wondered what I had done to her.

    On the fourth day, when I lifted her up, I felt a sense of intimacy returning. This was the woman who had given ten years of her life to me. On the fifth and sixth day, I realized that our sense of intimacy was growing again. I didn't tell Dew about this. It became easier to carry her as the month slipped by. Perhaps the everyday workout made me stronger.

    She was choosing what to wear one morning. She tried on quite a few dresses but could not find a suitable one. Then she sighed, all my dresses have grown bigger. I suddenly realized that she had grown so thin, that was the reason why I could carry her more easily. Suddenly it hit me; she had buried so much pain and bitterness in her heart.

    Subconsciously I reached out and touched her head. Our son came in at the moment and said, Dad, it's time to carry mum out. To him, seeing his father carrying his mother out had become an essential part of his life. My wife gestured to our son to come closer and hugged him tightly. I turned my face away because I was afraid I might change my mind at this last minute. I then held her in my arms, walking from the bedroom, through the sitting room, to the hallway. Her hand surrounded my neck softly and naturally. I held her body tightly; it was just like our wedding day.

    But her much lighter weight made me sad. On the last day, when I held her in my arms I could hardly move a step. Our son had gone to school. I held her tightly and said, I hadn't noticed that our life lacked intimacy. I drove to office... jumped out of the car swiftly without locking the door. I was afraid any delay would make me change my mind... I walked upstairs. Dew opened the door and I said to her, Sorry, Dew, I do not want the divorce anymore.

    She looked at me, astonished. Then touched my forehead. Do you have a fever? She said. I moved her hand off my head. Sorry, Dew, I said, I won't divorce. My marriage life was boring probably because she and I didn't value the details of our lives, not because we didn't love each other any more.. Now I realize that since I carried her into my home on our wedding day I am supposed to hold her until death does us apart.

    Dew seemed to suddenly wake up. She gave me a loud slap and then slammed the door and burst into tears. I walked downstairs and drove away. At the floral shop on the way, I ordered a bouquet of flowers for my wife. The salesgirl asked me what to write on the card. I smiled and wrote:
    'I'll carry you out every morning until death do us apart'

    The small details of our lives are what really matter in a relationship. It is not the mansion, the car, the property, the bank balance that matters. These create an environment conducive for happiness but cannot give happiness in themselves. So find time to be your spouse's friend and do those little things for each other that build intimacy. Do have a real happy marriage!

    If you don't share this, nothing will happen to you, but if you do, you just might save a marriage.

    Relationships are made not to exploit, not to be broken.
    We teach some by what we say
    We teach some more by what we do
    But we teach most by what we are

    ----------------

    You don't get to choose how you are going to die, or when, but, you can decide how you are going to live, here and now.hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...



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  • eyeopeners05@yahoo.com
    06-02 03:04 PM
    If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.

    Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.


    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?




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  • immilaw
    09-21 08:37 AM
    I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
    Thanks.

    You should send the documents to the service center which issued the RFE. The mail address of the service center should appear on the RFE.



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  • chanduv23
    11-10 04:03 PM
    WOW...its amazing to see how a simple thing (in my opinion) like volunteering can be such a big deal.

    While it is legal to work on a L-4 why are H-4s not allowed to work? Beats me!

    yes - unfortunately that's how it is. The simple funda is "never work for free". it is a competitive and exploitative world - I have seen so many people working as volunteers coming as contractors for 2 months , 3 months work - they get hired by unscrupulous managers who want to get work done for free. They are promised employment after 3 months contract and all sweet words ... this happens in big companies too - they will use and throw you to keep their job. Many a time they may not even acknowledge that you were there.

    Keep looking for a job and work hard towards a job - you will definitely get one.




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  • watzgc
    02-11 03:29 AM
    I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

    Best of Luck
    Hi Diptam/NolaIndian,

    I have quick questions,

    1. I'm waiting for my H1b extenion for employer A and grace period 240 days,getting over
    2. can I use EAD (from emp A) till I get my approval for employer A ?.
    3. Can switch back to same h1b extension after received it ?.

    thanks for ur time to reply.



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  • cooler
    07-01 01:29 PM
    My friend joined new company from Project Manager he got a job on Associate Director. When GC was filed he was developer :-)

    You can do anything as long as you don't get caught. In this case. If he moved from a developer to a PM. That in itself is a significant change in job description.

    I have heard one of the lawyers say that a developer to a PM is a natural job progression. That does not make sense at all. You go from debugging your code to debugging MS-Project. The associate Director post involves something entirely different.

    IF the company is willing to go along and provide the letter with the same designation as in LC, then there is nothing to worry else you would have a sword hanging till the case is adjucated.




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  • Saralayar
    07-29 09:56 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p
    Another funny and time pass thread...



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  • mambarg
    07-27 08:14 PM
    How about if Company closes down ?




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  • americandesi
    04-13 02:58 PM
    I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
    Every time you go for H1 revalidation, you will be asked were you out of status any time.
    Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.

    Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread

    http://immigrationvoice.org/forum/showthread.php?t=6205




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  • desi3933
    05-15 04:17 PM
    I believe that in the original post, Keerthi indicated that he was in India.

    I apologize for the confusion.

    I understood that you have replied for mchhokar's question.
    Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?

    Please accept my apologizes and thanks for the clarification.




    belmontboy
    02-26 05:37 PM
    Original LCA salary is like 58k and current one is 40k

    40K??? you kidding right?
    You probably would earn more if you are working at Walmart. See if you can transfer your H1B to Walmart




    trueguy
    12-11 12:00 AM
    EB1 EB2 EB3
    India 5,327 14,819 3,576
    China 5,605 6,965 1,985
    All 36,593 70,138 42,848

    Total grobal EB (1 to 5) visa issued 163,037


    Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.



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