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RNGC02-05 04:41 PMMy H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.

Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).

Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??

Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.

Thanks.



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maverick_s3901-13 06:05 PMhi sathweb

Here is a link i found on immigration.com

http://www.immigration.com/newsletter1/submemoins.html

The last section "C. Disposition of Substitution Requests" says

"
If the service center determines that the substituted alien meets
the minimum requirements set forth in the initial labor
certification application as of the date that it was filed with the
state employment office and the I-140 petition is otherwise
approvable, the I-140 petition shall be approved and processed like
any other I-140 petition. The priority date shall be the date
which the original labor certification application was filed with
any office within the employment service system of the DOL. See 8
CFR 204.5(d).
"

This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.



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veni00106-18 01:54 PMOnce you are able/eligible to use AC21 you are safe!

Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?

Thanks...



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sbabunle08-24 06:41 PMHello GreatGuy
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.

Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.

Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.


On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.


Good luck GREAT. I expect you to be a lil more polite on these
forums.

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shreekhand09-04 02:17 PMYes some have not received CPO...they say they will get a deportation notice soon as a result of not receiving CPO but directly receiving "Approval Notice Sent".

*** Please think twice, google a bit more and stay centered before opening useless threads!!! :)



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sanju_dba11-11 02:17 PMThanks for your help, by the time I start the business it should be around 6 months, hoping there will be no problem in near future as adviced, Im planning to go head & start the business. Once again thanks for all your support.

6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.

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desiron08-13 11:20 PMAs per Murthy web site today:

Update : USCIS Website States Previous Editions of 485 FORM Accepted AILA Liaison has confirmed that prior editions of the I-485 are acceptable, as indicated on the USCIS website, and that USCIS will be issuing an FAQ with a revised answer to Question 33 imminently.
Posted Aug 10, 2007 (1:45pm ET)

Thanks
Ron



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arrarrgee09-23 07:44 AMI have an MBA from India....EB2...PD 2005 dec..I am not sure if i qualify under SKIL bill...I have completed my 3 yrs of exp in US..cud some one clarify this for me plz...
thx

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pappu04-10 12:02 PMThis may be something that's already been addressed somewhere so my apologies in advance if that's the case

I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?

Another question is: Are we also going to get a 3-year AP?

Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile

on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.



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sunny100010-19 02:50 PMHi,

While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.

Is this from NSC or TSC? Also, did your attorney include your diploma with your B.Sc to equivate it to a 4 year degree at any point during the filing of the I-140?

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H1B-GC04-07 10:50 AMJust got it. Right now.Thanks guys.

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

Current Status: Approval notice sent.

On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

Congrats Fella!! Now time to stay at the Mail Box in the afternoon to check out the mail.Go 'Green' and pls. keep coming to the forum as and when time permits.



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bslraju09-13 05:48 PMCame to USA in 2001 Feb. As many other stories, my old employer did file my labor on Jan 2006 on EB3 though i was eligible to file under EB2. I have 3 + 2 years in India.
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)

thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.

Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."

Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..

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shreekhand09-13 11:39 PMgc_peshwa,

You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:



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sodh07-11 02:37 AMLage Raho Iv Bhai

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ita10-30 01:55 PMWhat does taking Infopass mean?

Thank you.



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nozerd02-23 12:38 PMIs IV aware of this meeting

http://judiciary.senate.gov/hearing.cfm?id=2555

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Lacris08-09 10:41 PMI was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.

Thank you



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Administrator212-09 11:06 AMBecause Republicans are blocking every bill in the Senate until the issues of Tax cuts is resolved, Sen. Reid needed to postpone the cloture vote on Dream Act to buy time to get more support. Senate Majority leader needed “Unanimous Consent” to withdraw his cloture motion and push back the vote. He did not get it, forcing him to offer a motion to table the cloture vote.

Tabling the cloture vote will allow Sen. Majority leader to bring the DREAM Act up again when the other issues have been resolved, and when there are 60 votes. We expect that Dream Act will surely come up for vote again before the end of 111th Congress.



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hmehta08-08 03:36 PMNo problem - we are all here to rant...and find solutions....so don't feel bad abt it:)

I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.

How did your GC process turn out? Any RFEs because of this?

Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.

Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.

Sorry about the rant and thanks for hearing me out.



coopheal02-19 05:32 PMPlease one of you summarize handling of EAD/AP for multiple I-485s on wiki.

http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/I485_FAQ#How_does_USCIS_handles_EAD.2FAP_for_Multi ple_I-485s

Thanks,
Coopheal



anand200707-18 08:34 PMif your wife has chosen Consular processing when filing I-140, it is possible to go ahead with concurrent applications

Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..


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