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harrydr

01-06 08:05 AM

Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.

So just wanted to understand if this was even legally possible.

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Ramba

04-13 06:13 PM

Hello All,

I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

These are my friend's details --

EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.


My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

Also suggested were EB2-NIW and self-employment options.

What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

I really appreciate all your replies. Pl treat this as very urgent.

Thanks.


Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.

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guesswho

11-12 11:47 AM

What was your previous status (before 1st oct). If you still have valid visa for say H-4, just go out of country and come back using your previous valid visa. On your return you will get a new I-94 with H-4 status. Then you can apply for H-4 to H-1 transfer (you won't need any paystubs) and you will not be subjec to H1 quota either.

Ofcourse, I am assuming your previous status was H-4. If it was F-1 or something else, I don't know if you have valid permit to return to that status.

Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?

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Ann Ruben

04-23 10:48 AM

If you are subject to the two-year home residence requirement, you cannot be granted H-1 status until a 212(e) waiver is granted. However, your employer can file an H-1 petition for you now. Once the petition is approved, AND the waiver is granted, you can either file with USCIS for a change of status, or you can apply for an H-1 visa abroad.

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mayhemt

09-20 11:00 PM

If it is philosophical question, then it is something which takes away couple of years of life of some of those people born in India and China (wait and wait and wait and ...), who want to have it. In return it frees them from bond of slavery.

Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.

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pitha

01-31 12:47 PM

How certain are you about this statement. If infact your statement is true, all USCIS has to do is issue a clarification or memo on this matter saying if I140 is revoked H1b holders become out of status if they don�t leave the US in a certain time. That would be disastrous. In big companies (like multi national companies) if an employee leaves the company or is laid off I believe it is standard practice to revoke I140. They do that in my company. My company is no desi company it is a multi national company with more than 70000 employees.

I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.

All the more reason to push for the 485 measure.


All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.

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manish1905

10-07 12:07 PM

Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda

I have filled all my details now.

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c9411010

08-08 08:51 AM

if therez anything anyone else can add pls do so ..

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IndiaNJ

08-26 01:32 PM

My wife recieved an RFE on her 485, as one of the questions on Page 3 of the 485 was not answered and Page 4 was missing.

I am not sure how the Page 4 got lost..:confused:

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coopheal

01-26 08:52 AM

Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.

Your comment is deplorable. Any step for legal immigration will help you.
Please focus on what is being done, instead of dividing the community.

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rakesh_uvce

10-10 09:01 AM

hi mpadapa,

I couldnt find that question. Do you know aapprox what time after the conference call started or the name of the guy who posted that question?
thanks

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rayen

02-05 02:39 PM

Our cases are assigned to IO more that 60 days ago. No LUD's sofar.

Called VSC, One officer told me that they have thousands of cases pending. :confused:

Any one got GC recently and pending with IO more that 60 days ?

Appricaite comments and advice.

Chris,

How did you reach to the IO (Officer ) to know your status , is there any number/ options..

Please advice.

Thanks.

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abhijitp

01-25 05:07 PM

Dreamworld,

Please submit your vote here:
http://immigrationvoice.org/forum/showthread.php?t=16806

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allegator

03-18 08:45 AM

I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?

I need help on this as I do not want to terminate my job from my side.

Any advice will be appreciated.

Thanks,

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Green06

08-24 10:48 AM

Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who know their worth. This is our most productive age and we won't waste it.

I will try finding the recording of the show and post it here.

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Danko

11-26 06:03 AM

I was just too sentimental about the site where I learned my first Flash steps. :cry3:
I think it's natural to switch from Flash Studio to Flex Builder in the some point of time.
Never mind...


less designer focused and more for developers
I didn't quite understand this, since Silverlight and Flex are equally developer focused (Silverlight is at least "inspired" by Flex).

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hemasar

06-22 09:57 AM

hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!

I am just sharing the information of one who got this experience. I am not claiming that is the law. None of us are attorneys. We are not giving any legal advice here. We are just sharing our knowledge and experience. What ever legal suggestions you provide here; are you taking any responsibility for that? No right? Just we are sharing our concerns, knowledge and experience. If you have any solid evidence that says USCIS will accept chest X-ray only after +/- skin test please share with us.

Thanks.

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Maverick1

08-30 09:11 PM

I believe there is only one processing center for PERM now. Only Atlanta is doing the PERM processing. All cases are trasfered to atlanta from chicago. Thats what I heared from Ron Gocher.

Thanks

All the ingredients of yet another back log center.

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ImmigrationAnswerMan

07-13 11:36 PM

Sangeetha:

USCIS does want to see that you worked for your prior H-1B employers, but USCIS is happy to accept recent paystubs to show this.

It doesn't hurt to submit experience letters, but as explained before, you do not need experience letters for H-1Bs.

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sekasi

11-30 02:16 AM

I think I misread the OP about moving from the flash IDE to flex builder although I strongly prefer both FD and FDT to flex builder..

and no Jeff, it wasn't directed at you although I'm sure you have no idea what you're talking about either :P

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ItIsNotFunny

10-30 04:45 PM

Dude you have the AP use it... I have travelled on AP multiple time no issues. I have an approved H1 which I dont use any more...

All the best

You serious that you have valid H1B but you travelled and entered back on AP?

Why would you do that?

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