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I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

Any advice highly appreciated. thanks!

While I am not a lawyer, I would have a few questions:

1) Is your I140 approved?
2) How many years do you have on H1?

If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.

2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.

The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.

3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.

Depends on what is more important for you? GC or better opportunity? Only you can decide.

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Case received and pending.

On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?

Thanks in advance.

I think this is an error on USCIS side, so I would suggest you to contact CS and have this corrected. on the other hand I'm not sure if this will make any difference as long as your PD and RD on your receipt notice is intact.

I was hired by my present company as a software engineer. I did development for 3 yrs and the company later moved me to a Business Analyst's role later. However, my labor application lists my job duties as s/w Engineer in a programmer's role.

Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.


hi mohit, my case is just the opposite, i joined as a Senior programmer, and my LC is filed as senior programmer and now I want to take up a job as a Business Analyst, not sure whether I can do it. See my case details in the signature. Thanks.

Hello baleraosreedhar,

FOIA application takes not more than 10-15 days in few states. Anybody could easily get a copy of labor certification from the Department of Labor of the state in which it was filed. The process is generally very simple and is free. I would suggest most people should file for FOIA and get a complete copy of their labor certification documents even if it is approved. You never know when you may need it.

For I-140 also one could file FOIA. But it is best for you to file FOIA with USCIS through an attorney. You only need a copy of the approval notice of
I-140. If you know the tracking number, it would be very easy to file FOIA. But as I said, it would be best to ask an immigration attorney when filing FOIA application with USCIS. Or you may use the services of private company like www.foia.com to have a professional file and handle your application for pretty cheap (around $100).

There is no benefit of going into the argument with your employer about the right or ownership to Labor certification, I-140 or I-485 documents. If you have a copy of your ETA-750 (know the description in ETA-750 form) and copy of approval notice of I-140, you could easily change jobs after six months of filing I-485. And that seems to be the fear of your current employer.

If you may consider changing employer after filing 485, then no need to argue with the employer. It will just spoil the environment for the time you are there. Simply file FOIA and do what is best for you and your family.

Just my 2 cents. Hope this is useful.

WaldenPond




Hi Gurus,

I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.

My company has filed for my I140 and it got approved.

I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.

I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.

I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.

Thanks

Pick your battles!!
Battle ONE:
Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.

BENEFITS:
1. My wife can work.
2. My son can get scholarships in college.
3. I can change jobs - so what if it is similar.

Battle TWO:
When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
BTW - Let me know if battle # 2 is easier.

I do not know why is everyone facing "Attention Deficit Disorder".

My 485/131/765 package was received by USCIS TX center on Aug14'07 and my checks got cashed out on 10/9/2007.

I got the receipt# from the back of the cheques, however i am unable to pull up the case status online, i read through the USCIS FAQ and it advises us to wait for 3-4 weeks for the case to show up online.

may be he is not from india :D


and.... my Mustang can fly if i put it in the reverse gear

yeah i thought it was gonna be between him, paddy, and me

LoL... I always assumed it was gonna be between you, him, paddy, and fern... I dunno that's just me. LoL :lol: :party:

Good movement. Looks like USCIS going work.

Deleted...

heh... the problem w/ this is... all the sites seem to be influenced by one another... and progressively got better... you all should've kept your stuff under wraps until the end
Voted for mlkedave. I like the style.

serach for immigration

This is a good question

"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget

Yes, very good question. Everyone vote for this question.

check out immigrationportal.com

the reason you wont get anywhere in terms of answers in a public forum is because you have not provided us with any relevant information. which forms were filed by your grandfather...which category was it filed under.

did your grandfather not file form I-765? that is an employment authorization document...giving your mom unrestricted permission to work.

Poll shows 94% of them support this , now what next?
- is it legit for IV?
- does it needs to be integrated with IV website?

Waiting for Admin's reply.

take that dispute report and go to your local police station..

If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.

If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.

Hi,

My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.

Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.

Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.

The immigration lawyer says that the error in the date of birth had little to none effect on why the I-130 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-130 and I-765 was approved on the same day.

However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!

There is no relation between tax documents and I131 .Date of Birth might have been an issue . Maybe u'r lawyer is talking BS.
just so that you dont get confused , I130 is a Petition for Alien Relative (equivalent of I140 for family based immigration)
I131 -Advance parole

guys,
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..

I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...

That's encouraging, thanks for the info
What is the InfoPass # to call. I'm in the same boat. PD: Dec 2003 EB2

Hello All,
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.

"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007

Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .

He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.

Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.

1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?

2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?

Any little help is also appreciated.
I need answer mainly for question 1 and 8

1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?

No Safe as he will be questioned at port of entry

2)Will there be questions at the port of entry ?

A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?

Yes.. He may not not reenter US for next 10 Yrs.

I am not an Immigration Lawyer.Better Talk to the Attorney. Its your brother's future

Thanks to all of you! Such a wonderful discussion.

So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?

The most effective way is to ask for old PD on the new I 140. There is a box on form I 140 that asks for prior approved I 140 and PD on that (if you want to retain it). download the form and see it for yourself.

It can also be done at 485 stage, but much easier to do at 140 stage.

Make sure to insert the same A number that came with old I 140.

Good Luck.

Why can't every Indian residing in US come together and make a pledge to not work even for one day throughout the US. Then they will know how much they need us and how big impact they will have on their economy.

Sureee mate! Then let all Chinese take away the jobs... Hahahaha!! Indians so gullible. Wat you think man? They are nothing in this country, they will be wayyy better off if you don't work for 1 day. 1st try & bring your family together, forget about rest of Indians. Hahahahaha.

It's all about power in numbers - i.e. Whites, Hispanics, Blacks - in that order. Indians are a drop in US ocean, besides they all hate each other. So what are you gonna do? Hahahaha. Stupidos.

PS: This website NOT just for Indians. So please take off your blinders. ALL OF YOU who assume that.