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kaisersose07-24 11:09 AMI think your lawyer maybe right.

The FAQ is saying Labor should be approved by the time you file for 140. Attaching any piece of evidence along with your 140 application that your labor has been approved should suffice.

The FAQ is warning against filing 140 before Labor approval as many newbies may be wondering if they can utilize this 485 window by applying 140/485 based on a pending labor.



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willgetgc200504-24 11:47 PMdilbert_cal / others,

I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?

Thanks

_________________________________________________


If your previous company has closed down, there isnt any way you can port the PD.

PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.

Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.



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paskal07-14 03:50 PMUnfortunately this is nothing but an extension of the current program which is set to expire again. There is an expanded Conrad Bill with several co spnsors waiting in the wings and efforts are continuing to find a vehicle for it. As always we are up against "CIR only' and "nothing goes" legislators from either party who command significant votes together despite their opposing stands on immigration.

The health care reform bill, if it sees light of day may be one such vehicle. In the meanwhile we need you to contact your legislators and inform them of the issues. Take copies of the bill and explain its benefits. This will be invaluable if the bill does come up.



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ampudhukode03-24 03:53 PMspbpsg,

Thank you for the reply. Is that what people normally in this circumstance do ?

ampudhukode

No need of exp letter, just take offer letter and recent pay subs.

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EndlessWait03-13 04:08 PMif your case is clean..there shouldn't be anything to worry.. use ac21 and move on..u cant predict future..



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desi393304-06 04:34 PMHi,

I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

Thank you very much.

Regards,
Venkat.

You should consider getting professional advice from attorney who deals in employment and contact laws in your state.

Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)


_________________
Not a legal advice.

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pa_arora06-13 03:31 PMAny thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.

Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.

Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
The main reason apart from stated ones above - "FBI new name check 6 month policy". Lot of old people which were struck up with name check from long time are getting cleared now.



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Wewilldo11-25 09:21 AMThanks for the reply.
So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
Am I correct?

Hi Andy,

I am in kind of same situation. What happened to your case? My new employer file my H1 extension and renewal after my VISA expiration. They need valid I-94 for I-9 verification.

If you have time can we talk for seconds, 914-217-6925.

Thanks,
JAtin

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dressking09-29 11:47 AMImmigrants at USC have helped design a special randomization program for LAX security called ARMOR! Doctoral student, Pankaj Paruchuri, and his professor, Milind Tambe, have designed this special program that will help National Security and enhance the security for all of us!

A Random Weapon in the War against Terror (http://http://www.msnbc.msn.com/id/21035785/site/newsweek/)

I can bet that the Doctoral student himself must have faced Backlog/ Retrogression at some time! I do not know him, but I think IV should contact him!

I am sorry to offend some of you by bringing up this subject again. But I think we are just asking for acknowledgement for the contribution we have made when we were attending graduate programs in the US. It was a lot of over time and hard work with literally no payment other than money for room and board. Some may get their names attached to the paper that is published and get their Green Cards quicker for that. But some don't.



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HawaldarNaik12-17 04:42 PMAlso after the Visa Bullietin, India beat England with some great cricket in the last two days and Pakistan continues to ask for evidence in the Mumbai Blasts.....(sic) .......let me know if u need more updates....cause u seem to have missed quiet a lot....

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pleaseadviseme09-22 02:28 AMHi, guys, i am new here, I hope you guys can help me with my urgent questions.

I am on my OPT which i do have a F-1 visa. my employer said he will file my H1b petition on Jan. 1st. and thank god this is from a non profit organization(hospital and filing from university hospital level), so i guess i do have the non-cap advantage...

my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time? is it possible to apply for H1b for me, and my wife f1 to h4 change of status the same time without i get approved on h1b? she is going to meaningless school to maintain her status, but if she can be on h4 (not including f2), she can save alot of money and alot lesser pressure.

i don't know how is this work, and how much is the f-1 to h-4 status change costs. also, if i get denied, she will be denied too, but if she gets denied, will i get denied?
in other word, is filing both visa same time affect the chance of getting approved? i have heard some people saying that it's alot better to file one at a time rather than both at the same time.

u guys know the odds of getting approved on h1b from non profit organization these days? my hospital is a non profit research hospital with 1500+ employees.

thanks alot guys and girls. i wish you the best with your visas!!!!



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amar12307-29 12:37 AMI have PD of Nov 2006, 140-Approved, 485-July 2nd. I have not got any LUD on any of my applications. So, this soft LUD might not be for everybody.

Ah, now this brings up interesting questions, where is your 485 being processed?:o

If it is texas as per your profile, then , maybe only NSC had the update?

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speddi09-13 06:35 PMBUMP

Someone please give me the address where I need to send the documents if I am sending through FedEx/UPS?

Thank you



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whiteStallion06-02 07:03 PMYes, the return ticket have to be *within* 6 months rather than after 6 months.

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texanmom08-14 03:52 PMWe got a $1 million dollar, 10 year term life insurance policy for both me and my husband....mine costs us $22/month and my husbands costs us $25/month. You do have to go through a blood test (at their cost) for any policy over 500K.

We were very happy with the service they provided.



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maddipati107-17 04:34 PMmy wife used AP in Feb'09 end. IOs are very well aware of it, so take it easy, not a thing to worry. they do send u to secondary inspection room for sure, but didnt even take more than 5 mins for us and no questions asked. seems like they know what they are suppose to do. logically, with the # of IT immigrants in Bay area, they must be used to it.

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kris0411-12 09:33 PMwhile porting the Job through AC 21 one have to keep in mind that USCIS have not brought any regulation to date, though occasionally there are some chatter from AILA that USCIS will bring it pretty soon. After porting the job and regulation is passed, it will be applied retroactively and in some case could seriously affect those AC 21 cases that do not meet the regulation strictly. I have seen in several post from each person about risk in getting RFE after porting the job, but never consider the potential impact of any regulation passed by USCIS(yeah we know these guys are too lazy :)

HTH

kris

PS: I have done AC 21 successfully in my case and got my GC approved without any RFE



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go_guy12303-01 11:40 PMI am in the same boat as you. I landed in Sep 2006 and have valid Canadian PR till Sep 2011. My 3 year expiry is nearing. And I am really confused with my EB3 India 2004 PD in retro. But also I have gotten married and not applied my wife on my Canadian PR at all. So that is another problem. I intend to voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife this year as US H1B and GC process rules with USCIS is getting weirder by the day.

Also you can absolutely without any problem go and stay for next two years (730 days) before your first PR card expires even though you were out of Canada or were never resident there for first 3 years and retain your Canadian PR status. I know it for sure.

what do mean by "voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife "

To apply for your spouse you need to fine a family based immigration for your wife

The rules have be tightened now. Are you aware of that. So you may not qualify the seocnd time. Also the second time they wont give you the PR

There was a major change in the visa rule in Feb 2008

The setence "visa ficer shall" was changed to "visa officer may"

http://www.cba.org/CBA/sections_Cship/pdf/08-24-eng%5B1%5D.pdf



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DSLStart09-23 08:48 PMsee this latest approval:

http://boards.immigration.com/showthread.php?t=286510



kondur_00711-09 02:54 PMDear all,
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.

Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh

I have an entirely different opinion than what is mentioned above; so please read carefully:

I understand that you are currently working on L1B visa and want to switch to H1b from Dec 19th. Your H1 petition is already approved.

1. If your H1 approval notice (form I 797) has I-94 attached to it, that means it came with CHANGE OF STATUS. In that case you can simply start working from the start date mentioned on attached I 94 (will need new I 9 filed with employer; showing the change of status from that date as well).
Now, your dependents will need to be on H4 status. Was their change of status filed along with your H1? If so and they all have H4 approval notice with attached I 94; they are ok and none of you need to go out of US for visa stamping.
If you or your family do not have change of status (and therefore no attached I 94), change of status can even be filed now from within US; if that was not filed with original H1 petition; But you must file it before you can start working on H1.
Another option is to go to Canada or Mexico for stamping for yourself and the family members; this is especially a good option if your education is from within US (something they can verify); if not they can ask you to go back to India to do so.

So all depends on two things:
1. Does your H1 approval notice have I 94 attached to it? what is the start date on that I 94?
2. Do all your family members have H4 approval notice along with I 94 attached?

If not; you either have to file change of status (and also H4 status for dependents if not already done) from here OR you have to get the visa stamped.

Good Luck.



s41650402-04 03:48 PMYou should contact your lawyer & ask USCIS to amend your H1 for 3 years instead of 1 year. One time My H1B got approved but USCIS forgot to add up vacation time then My Lawyer contacted USCIS officer to amed that time. Later got new H1B approval with correct date.
I think that will give clear idea if USCIS not finding you I140?

My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.

I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.

I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.


its the same co. which filed my I-140 & I-485.


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