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  • greencardfever
    09-09 11:16 PM

    I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.

    I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.

    If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?

    If it�s the former:
    1) Will my old priority date get transferred too?
    2) Does it matter if the Company Y is not located in the same state as compared to Company X?
    3) Does it matter if my job description and/or designation at Company Y is/are different?
    4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
    5) Does Company Y have to communicate with Company X to get any green card related paperwork?
    6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
    7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?

    Any response will be greatly appreciated.

    Thank you.

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  • starscream
    04-21 06:28 PM

    I am sorry to hear about this.
    - What was the RFE about?
    - Are you employed by a consultant or employed full-time at a company's location?
    - Did your employer have any profit isseus / layoffs reecently?
    - Is your employer TARP funded?
    - Do you have your EAD?

    I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.

    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    thanks in advance

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  • gc_chahiye
    11-29 03:33 PM
    My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.

    But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.

    Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.

    and This how each year of transcripts look like




    I don't know how can he miss Maths from this.

    Does any one else heard/faced a similar issue in the past.

    What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...

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  • immm
    08-10 02:04 PM

    Associated Press
    U.S. Seeks to Curb Illegal ImmigrationBy SUZANNE GAMBOA 08.10.07, 1:34 PM ET

    WASHINGTON - A crackdown on illegal immigration will have to go forward without help from Congress, the Bush administration said Friday, asserting that an executive-branch-only approach is better than doing nothing.

    Two Cabinet secretaries - Homeland Security's Michael Chertoff and Commerce's Carlos Gutierrez - said they had hoped to have new tools to combat illegal immigration before moving further to cope with the problem. But Congress could not agree on comprehensive legislation.

    The officials said they'll rely instead on tools already in their arsenal, some of which are already under way, including a plan to administratively sanction employers who hire illegal immigrants.

    At a joint news conference, Chertoff and Gutierrez put the onus on Congress for any consequences that may be suffered by employers as a result of the stepped-up enforcement effort.

    "Our hope is that key elements of the Senate bill will see the light of day someday, but until Congress chooses to act we are going to be taking some energetic steps of our own," Chertoff said. The steps will "significantly strengthen our hand with respect to immigration enforcement."

    The White House emphasized that its package of enforcement changes was all it could do under existing law - the same law that President Bush has repeatedly called unacceptable.

    "Although the Congress has not addressed our broken immigration system by passing comprehensive reform legislation, my administration will continue to take every possible step to build upon the progress already made," Bush said as the changes were announced.

    Presidential spokeswoman Dana Perino said Bush has used his executive authority in the past to improve immigration enforcement, such as by strengthening border enforcement. She was pressed on why - if the new changes were such a good idea - Bush hadn't made them already.

    Perino, talking to reporters at the Kennebunkport, Maine, seaside home of Bush's father, George H.W. Bush, said the president held off on sweeping administrative action while pushing Congress to pass better legislation to address the matter. With that effort now sidelined, she said "We're going as far as we possibly can without Congress acting."

    The administration rolled out a proposed rule that will require employers to fire employees unable to clear up problems with their Social Security numbers 90 days after they've been notified of such discrepancies in so-called "no match letters." Employers who fail to comply will face possible criminal fines and sanctions.

    "This regulation lays out a clear pattern for doing the right thing which will afford protection for employers," Chertoff said. The new rule will be effective in 30 days.

    Recognizing that the crackdown could hurt some industries - particularly agriculture, where more than half of workers are believed to be undocumented - Gutierrez said the Labor Department will try to make existing temporary seasonal agriculture worker and non-agriculture worker programs easier to use and more efficient.

    In addition, Chertoff said he will try to use the department's regulatory authority to raise fines on employers by about 25 percent. Current fines are so modest that some companies consider them a cost of doing business, the agency said in a summary of the new enforcement effort.

    The administration also wants to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.

    The Homeland Security Department will ask states to voluntarily share their driver's license photos and records with the agency for use in an employment verification system. The sharing is meant to help employers detect fraudulent licenses.

    Some of the initiatives are similar to proposals contained in the recent immigration measure which failed to pass in the Senate, though they are not nearly as sweeping.
    He said the billions of dollars that Congress added for immigration enforcement and the administration's "enhanced commitment" on immigration enforcement will secure borders.

    But Sen. Chuck Grassley, ranking Republican on the Senate Finance Committee, said the administration "can talk until they're blue in the face" but "I won't be happy until I see action that's more than just a press conference and words on a piece of paper."

    The Senate legislation was opposed by many conservatives who complained that people don't trust their government to start new immigration programs since existing immigration laws are not enforced.
    Some lawmakers have kept up efforts to tighten the border. Last month, the Senate added $3 billion to a homeland security bill and devoted the money to U.S.-Mexico border security.

    Copyright 2007 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed


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  • hariswaminathan
    11-20 04:06 PM
    1) No.
    2) Other then an Emergency you can't expedite.
    3) If you are currently on H1, then she can enter on H4.
    4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.

    1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.

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  • s_r_e_e
    09-28 10:54 AM
    Even if he sue, all you may need to pay is the expenses (lets say, at the worst 10K ) according to ur contract.

    if u find a new job with 10k hike, you can pay off this from first years salary ... remaining 3-4 year's(until ur GC) 10K is for you to keep :)

    After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�

    Thanks in advance,


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  • nish
    10-06 05:49 PM
    Thanks for your reply...

    If I do COS staus with premium processing then how much will it cost me and is there any consulate can raise query in COS process because of unavailability of project work.

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  • walker15
    03-16 11:41 AM
    Try www.gowda.com.
    I utilized this firm for GC and I was very much satisfied.
    You should act quickly.

    All the best


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  • EB3_SEP04
    01-29 03:43 PM
    USCIS might be processing the applications in the order of recipt date
    (need not adjudicate the application which is based on priority date)

    So, i think USCIS can process applications without priority date being current.

    I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
    That's my guess, I have not seen their SOP (std operating procedure).

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  • va_labor2002
    06-16 01:22 PM
    Excellent idea. Please talk to the Core team.
    We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.

    Any comments from Core team ?


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  • sprash
    03-09 12:16 AM
    Thanks everyone.

    Many people asked me how I managed SR because the POJ has changed. Unfortunately, I myself don't know as I was trying desperately for various options. I did follow this generic template I had found while searching the forum, but I'm sure this didn't work right of the bat:

    press 1 for english
    then 2
    then 1 than 1
    then 3

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  • GCInThisLife
    07-18 05:14 PM
    I have some more docs about 485 standard op process, AC21 relief, 485 interview waiver, filing guidelines for EB based immigration petition etc.. but not able to upload. they do fall under max size limits.. Any hints..


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  • gc_chahiye
    08-15 12:09 AM
    Hi Gurus

    I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
    here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?

    thanks in advance

    Just because you applied for EAD does not mean that you need to enter on AP. You can still come back on your H1 stamp.

    its your personal decision based on your own goals/needs. If you intend to take up multiple jobs or your spouse wishes to work in a non-H1B type position, or stop working and then start working again without worrying about change of status (H1->H4->H1) then applying for EAD+AP would be helpful.

    If you want to maintain a backup, you can still apply (an approved EAD does not change your status, you need to actively use it). Applying after you get the receipt might be better (since USCIS can easily tie your case together).

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  • waitin_toolong
    12-07 02:39 PM
    Request transfer to Counsular processing, withdraw I-485, I-131 and EAD
    remeber cannot come back to USA using F1, B1 or any such non-immigrant visa.

    H1/L1 can be used is there is time left on these/ spent 1 year abroad if not


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  • vnanjunda
    07-16 12:27 PM
    No Problems at Dullas Airport, I weant to india twice with AP they never asked about my employer.

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  • ujjvalkoul
    01-30 06:02 PM
    How does this effect anyone applying for DL..

    Are we going to get temporary DLs from now on?

    Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.

    Here is a response to a comments by DHS..Looks like for most of us whose i94 will be expired but have filed an application like 485 whic is pending..hence the lawful end date of stay is indeterminate - the license will be 1 year only...bummer

    Comment: Numerous States expressed concern that the current
    processing time involved in USCIS review of applications for various
    immigration statuses impacted by REAL ID will result in a large number
    of applicants who wish to renew their licenses but their applications
    to extend their status has not been acted on by USCIS within the year.
    Two States suggested that States issue interim documents that would be
    valid for very short periods until an applicant receives his or her
    permanent document demonstrating lawful status. Another commenter
    suggested that such an interim card be based on the applicant's visa
    until authorization is received and verified through SAVE, which should
    be programmed to contact the querying State when there is an updated
    applicant status. One commenter recommended that the rule allow States
    to use a license expiration date 90 days beyond the expiration date of
    the immigration document to allow for USCIS processing of applications
    to extend lawful status. Commenters said that individuals in certain
    statuses will not be able to comply with the requirement to present
    documentation showing extended lawful status upon renewal because in
    most cases, their statuses will not have been extended but merely
    Response: Again, State DMVs will use the SAVE system, and not
    particular documentation, to determine that the license applicant is in
    lawful status. An application that is properly filed with USCIS
    entitles the person to remain in lawful status beyond the period listed
    on the person's Form I-94 or other immigration document, that
    information is reflected in the SAVE system. Thus, aliens in these
    situations would be able to obtain REAL ID-compliant licenses and
    States would not have to add any additional processes with USCIS.


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  • sjhugoose
    January 6th, 2004, 09:55 AM
    Smart man Anders!! I did the same thing a few weeks ago on one of my bird images!

    My reasoning was slightly different in that at iso 1600 often there is little to no noise on the subject but tons in the OOF region! And NI removes detail and sharpness which I hate! So I did the same thing to background while holding the birds definition!

    Enjoy and never worried about does this look natural question anymore! Nothing looks natural to me anymore :)


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  • nashorn
    12-12 02:47 PM

    I had one A# on my EAD (during OPT), as xxx-xxx-xxx, which was expired after OPT was end. Then, after I filed my I485 application, I obtained another A# showed on I-797C form, as Axxxxxxxxx. So I am quite comfused that which one is my current A#. Does A# change with our status? Thanks.
    Alien # starts with A. The one your have is your A#, the one you had during OPT is not a A#.

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  • ragz4u
    02-24 12:46 PM
    ragz4u, ...you pipped me to the post..hehe..:)

    Thanks, this is very informative!

    In any case, as per Shusterman.com, this bill will be tabled to the Judiciary committee on March 2nd. Today is Feb 24th. That leaves us only THREE working days to pass on this information to the committee members. We need to do something drastic to make our point.

    All the members of IV, wake up! This is the time to fight. The anti-immigrant lobby will be getting very active in the next few days. We need to do the same

    05-19 08:05 PM
    There is so much to read about the happenings around this topic. How are we faring so far? Thank you for all the hard work!

    01-13 12:03 PM
    I am planning on filing a new PERM as a prospective employee of a consulting firm and also have a PERM filed simultaneously from my current employer..
    Has anybody had any experience with this kind of situation, Are there any complications? would this be feasible...pls suggest...