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  • jthomas
    04-03 03:03 PM
    Answer to question 1 :- You cannot work for two employers and take pay checks from both of them at the same time.(being in H1B)

    Answer to question 2 :- When you are looking ot switch jobs and do a H1B transfer. The receipt would take around 2 weeks. Unless you get the receipt you cannot move to your new job. Your new employer has to file the petition. Some fees such as fraud fee $500/- and another $1500/- needs to be paid by your employer and not by you. Attoneys fee can by paid by anybody. Take any average immigration lawyer. my suggestion, Its worth paying to a good lawyer than taking any stress down the road.
    I had consulted Visa pro and asked them couple of questions.Their consulancy fee was not expensive 4 years back.
    3. I would wait till the H1B receipt. I don't know this answer.

    Thanks





    Hi there,
    this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

    Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

    - Can you work for 2 employers at the same time while making the switch?
    - How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

    Thanks a lot!




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  • skd
    01-11 12:57 PM
    I had gone through the layoff thing during 2001-2002 time. Maybe, I might be mistaken. But I feel that time it was even worse.

    2001 It seemed like once all dot-com related stuff clears out market will stablize, But this time this problem, Is not just Whole IT, but all industries , I heard except healthcare and education all sectors are shedding jobs. Not only that all countries have same issue , just not the countries who depend on IT related sectors for there economy.

    Worst part is No-End insight, So you don't how long you have to ride this out. No economist is ready to bet if the economic stimulas will really boost up to bring out of this reccession/ depression.

    I am under-estimating the problems I 2001-2002. And probably people who got affected directly by that know more about the pain, then who never went through that kind of problem.




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  • saileshdude
    05-20 10:12 PM
    From what I understand, if you have an H1b extended based on your Labor or I140 approval, if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.

    From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
    Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.

    But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?

    Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.

    Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.




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  • GCHope2011
    02-05 06:31 AM
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.
    Congrats ivar - you are now a free man!!

    My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.



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  • ash27
    06-06 10:36 PM
    I'm in Chicago and will like to move to Atlanta area....Do you guys know how is the IT market (Architect, .NET) doing in this area? Looking at dice and computerjobs, i do see the same jobs getting repeated...Any thoughts will be greatly appreciated..




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  • tabletpc
    12-15 11:54 AM
    Atul555:

    Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.

    1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!

    you still have 4 months time. SO cheer up.

    My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!

    Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.

    Whats your area of work..??Are you into IT...????

    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,



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  • chanduv23
    07-27 09:50 PM
    The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.

    Need not necessarily be the case. Soft LUDs are not reliable and sometimes the online system never reflects LUDs, but offocurse when there are soft LUDs it is obvious that the file is being processed and status getting updated.

    There could be cases that are preadjudicated but we never really see any continuous soft LUDs and there could be cases that arenot preadjudicated but we see tons of LUDs hitting.

    I spoke to a person who recently received his GC - no LUDs nothing, no status change after responding to RFE and no approval email - the GCs were lying in the mailbox one fine day.




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  • Googler
    02-17 07:52 PM
    See more discussion here (http://immigrationvoice.org/forum/showpost.php?p=224161&postcount=211).



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  • rolrblade
    03-18 08:14 AM
    Hi,

    My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

    Please let me know if someone has similar experience with the following:

    1. Is there any salary restriction on increase from current salary percentage wise?

    2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

    Thanks
    Answers below:

    1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
    2. I have used AC21 before. Have not done EAD renewal yet.




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  • bobzibub
    02-25 11:28 PM
    Oracle applications, Oracle financials, Siebel, SAP are good fields to enter. Data warehousing is hot and a lot of people get trained. Consulting companies have fulltime trainers and there are a lot of courses you can take.

    These are good end points. Start a little more basic to get good underpinnings.

    I think, also, that if you don't know what you want to do, go for a BSc. in computer sci. If you do, take specific courses.

    For system Admin, I'd recommend Redhat.com's courses. The world is going Linux. Play with it and mess it up. Re-install. All part of the fun. Hack some Bash/Perl scripts.

    For coding I'd learn C first. Get good with pointers etc. Then learn Object Orientated PHP or Java. C isn't the easiest of languages, true. If you have problems, fall back to BASIC.
    PHP and Java will get you started with web stuff and databases fairly quickly too. Start with Mysql. Then Postgresql. That'll get you ready for Oracle (the database) and you can then learn the applications that run on it.

    If you learn the high end apps w/o learning the low end, you're code may be beautifully written but horribly inefficient.

    They'll ask why an MBA/HR guy wants to be a grunt. Consider volunteering for an open source project for street cred. sourceforge.net has a bunch of projects.



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  • vinayskadam
    11-23 08:49 PM
    @sameer2730 :

    So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
    Sent the request for correction with my supporting documents.

    -- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".

    And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.

    Please help me with your advice. I am completely in dilemma as to what needs to done..

    Thanks in advance..
    Vinay




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  • a1b2c3
    12-04 08:30 PM
    Stay safe folks, be watchful and good luck.
    Don't give in to terrorism, they want to scare you more than kill you.



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  • webm
    11-07 10:28 AM
    No one knows the answer dude..you have to wait until your PD becomes current atleast...




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  • miguy
    03-16 09:16 AM
    well, the connection is that if you get the Statement of Need from Canada, you can go to Canada to satisfy the 2 years j1-home residency requirement. While, if you get the SON from India, you would have to go to India. You have talked about plan B in your earlier post, I am a Canadian Citizen and my wife a Canadian PR(we live in Canada). So, if she gets a residency on J1, the worst is that she could come to Canada to satisfy the 2 yr requirement.



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  • chris
    02-11 11:44 PM
    Still pending ..

    Initially filed in Texas and transfered to Vermont .
    Assigned to officer more that 60 days ago. :confused:



    I've contacted the congressmen. There are 200 odd cases at NSC still lying unprocessed with earlier PD and RD (than mine) while the cutoff dates move forward for EB2-I. Are they going process all others before mine?
    With this some lucky ones will get out and other unlucky ones will complain to the congressmen. Movements without clearing up the earlier cases will cause more problems.
    Btw, Chris, what is your status?




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  • Ramba
    05-01 11:21 AM
    If you are 100% sure that your old 140 was not revoked by your previous employer, it can be useful in 2 ways. Contact your old employer to verify that still they have job for you as per the 140. If so, file new 485 with that 140 as it has very old PD. As you might have missed the finger printing in 2002, your previous 485 might have been denied. But 140 is still vaild for indefinite period.

    If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.



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  • amitjoey
    01-11 11:46 AM
    Just so everybody understands:

    This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.

    This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.

    There have been a lot of bills in the previous years that have not made it to the floor.

    IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.

    Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.

    Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.




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  • hpandey
    06-12 10:19 AM
    Hi Mr. Singh,

    The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job . If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
    Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.

    Best look for another job and apply for labor before Oct.

    Best of luck.




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  • cvk90
    12-08 01:40 AM
    Not sure where this is going...Respond with caution folks...posting seems fishy !!




    sands_14
    09-23 09:59 AM
    I e-filed my EAD and AP;but when I sent the supporting documentation to the PO Box in Mesquite,Texas;it was not delivered on Friday,a notice was left.I am very anxious if it comes back.Is there a Phone Number I can call to ask them Reason for Non-delivery;what should I do???Is there an address different from the PO Box where I can FEDEX




    wandmaker
    02-25 06:15 PM
    I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCAbecause of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....

    My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.

    what are the options for me?

    can I apply for a H1b transfer?

    please help

    You need to provide more details on bold words from your post. If you really need pointers from IV members.



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