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  • srkumar_2k
    07-25 11:27 PM
    Hi

    I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.

    What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?

    Or better to apply EAD for me (not to my wife) after the I-140 approval?

    Please help me..

    Thanks in advance.

    --Raj





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  • morchu
    04-29 05:53 PM
    F1 is a pure non-immigrant visa. Means at the time of F1 application, if the consulate feels that there is an "immigration intent" they will (and have to) reject the F1. Just by stating that her fiancee is an immigrant, I see potential F1 rejection due to "immigration intent".

    Thanks snathan and aravindhome for your responses.

    I'm going to consult an attorney on this for sure...

    After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
    My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
    OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?

    I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.

    aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?


    Thanks a lot

    Ravi





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  • ChainReaction
    07-31 12:23 PM
    I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?





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  • andy garcia
    07-30 02:54 PM
    but we do get the original FP notice , right?

    That is correct. I meant Lawyers get copies. we get the originals.



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  • Texascitypaul
    02-23 04:28 PM
    Paul,

    You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.

    Thank you i was absolutely dreading someone telling me all was lost and i would be deported at the first opportunity.

    I will certainly take your advice and try to seek the help of a professional in this area.

    Thankyou very much for your help.

    Paul





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  • 21stIcon
    05-04 01:36 PM
    Every body knows about PERM system glitches before July28,2005, they gave an oppertunity to refile for all those who got rejected on software issues, so we do not need to go back to year old data and I am quite a frequent visitor to immigrationportal, at least 5 visits a day from last sep'05

    Guys, I really appreciate he was able to come up with some number, but you would be able to decide how much this is helpful, I am not buying his PERM conversion denial rate
    .



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  • karthikgk
    02-19 12:54 PM
    All,

    Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

    My employment scenario:
    - Been with the current employer since Jan 2001
    - Less than 5 years experience before I joined the current employer
    - Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

    My GC scenario:
    - Applied for GC in July 2003 under EB3
    - Applied for I-485 in July 2007
    - Approved I140 and EAD in hand
    - Even though I have EAD, I continue to use my H1

    My new role in the job:
    - After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

    My questions:
    1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

    2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

    3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

    Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

    Regards,





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  • bsbawa10
    12-23 12:58 PM
    You should be fine. I have been in the exact same situation did not have any problems excepting secondary inspection in which no questions were asked.



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  • paragpujara
    04-04 08:21 PM
    Hi GC gurus,

    I am in dilemma and seek your help desperately.
    Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.

    I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
    1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

    2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

    Please provide me your input asap as i have to decide very soon.





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  • JunRN
    12-17 03:49 PM
    New job must match the LC...that's the trick. If it doesn't, it will get rejected and potentially, GC denied.

    Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.

    Always remember, get a job that is according to your LC because that is the one certified.



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  • apahilaj
    03-25 01:59 PM
    Is this true?

    http://www..com/discussion-forums/i485-1/86900247/





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  • reddymjm
    03-11 01:02 PM
    I just emailed mine to info@immigrationvoice.org.



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  • dealsnet
    09-08 11:22 AM
    If you don't have free long distance phone, call to this number will be charged. If you are calling from cell phone, the minutes will be reduced. It is normal for using calling card. But this is free. No toll free number for calling.

    On the website it says...


    * Calls to Access numbers will be charge by local operator.


    Any ideas what these charges are?





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  • dollar500
    08-06 06:27 AM
    Interesting discussion. Sounds logical but you are missing that it was current for a long time in 2002 to 2005.

    Although you might be right about the movement.



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  • satyasaich
    05-01 02:05 PM
    Yes. Please see
    the web site


    Does - Emergency Appoinment include - people already
    working in US ? are you sure ?





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  • Quadrucle
    09-15 05:29 PM
    Last time CIR had sweet deal for Illegals ..
    Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..

    For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.

    How can a New queue or a point system can be affecting us (EB) ? If it is like other contries where they have the point system for immigration, a job in hand/education/number of years lived in the country/ etc etc, everything should be in favour of the EB's, right? Also, if you know definetly when you will get a GC, rather than indefinite wait will help so many people in making the decision. I think here, the most frustrating thing is not knowing when you will get it, rather than waiting years and years..



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  • copsmart
    02-20 06:47 PM
    I think your wage is high, because you are in EB2 category.

    In other words, the job for which your labor was applied required a higher education or experience. Your employer has to come up with such strong requirements to put you in the EB2 category. But what it does is, it will bump up your prevailing wage.

    I had a similar situation where my boss gave a big list of requirements, which smacked my prevailing wage to a higher number. My attorney tried to talk into my employer, that GC is for a future job and they don�t have to worry about it now. But my employer said, they can�t promise to pay that salary, even if it is going to be after several years. Although, in my case the difference between the GC wage and my current salary wasn�t very high.

    So, my attorney and my boss went back and forth several times before they came up with a job requirement that works for me and my employer.

    In your case, at least your employer agreed to pay the salary or they have no concerns. So, you don�t have to worry about it now, because GC is for a future job.

    BTW, do not jeopardize your job by asking for such a huge raise in this tough economic times. If you are still so worried, try to find a job that pays your GC salary and use AC21 to change your job.

    I would say, just hang in there, because the job market is really tight.

    All,

    My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
    I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
    What can I do at this point of time? Any suggestion would be helpful to me.

    Thank you.





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  • pak
    07-27 03:01 PM
    If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?





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  • mps
    08-15 05:00 PM
    :p You just killed spirit of "AC21"

    :D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !

    I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let�s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?





    cableching
    07-18 06:14 PM
    USCIS Looks at I-94 you entered on the I-485 application.
    You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.

    That's the basis for them to track your status in US.





    gchopefull
    10-02 02:22 PM
    I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
    here is the case history.
    LC-Feb-2005.
    I-140 filled march 2007
    I-485/EAD filled July-2007
    EAD approved/EAD card arrived 15 Sep 2007
    I-140 RFE August 2007(A2P)
    I-140 denied 27th Sep 2007.
    my question is,
    what are the options do I have?
    my employer is talking about appeal.
    since the original I-140 is denied will the 485/EAD will get cancelled too?
    is there any way to port the LC date?
    what are the chances of appeal/approval?
    employer is in good standing(financially).
    any suggestions,input will be highly appreciated.
    thanks



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