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  • vegasbaby
    02-19 07:06 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,

    I am also in the same boat as you. To ans your questions -

    1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.

    2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.

    3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.





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  • gc_chahiye
    10-05 04:12 PM
    How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.





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  • va_dude
    03-11 02:56 PM
    Krithi.. you said your case was similar. Have you had to travel back into the US after having switched jobs on an EAD with a pending 485?

    Did you have to carry employment verification letters, paystubs, old H1b notice, AC21 docs (if any) also?

    As 'tertip' noted, it would be nice if someone with first hand experience could post details on what the IO's response was when they said they did not work for the same employer anymore?





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  • need4gc
    08-15 01:50 PM
    Congrats.Can you share who signed your packet and what time it reached NSC? I am just curious whether i will have any luck..to get the RN in next couple of days.
    It was signed by R William at 9:30 AM on 07/03/2007.



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  • OlgaJ
    February 20th, 2004, 07:25 AM
    Don't you worry, Scott, my toes can take it. LOL!

    Yes, you are right. I calculated that wrong. So let's see:

    Assuming 12inch distance:

    38mm (9.7) at f8, near 9.99, far 15
    28mm (7.3) at f8, near 8.84, far 18.7

    That does sound more reasonable given it's a digicam.

    Olga

    TSC EAD renewal delay - time to panic? :( [Archive] - Immigration Voice

    View Full Version : TSC EAD renewal delay - time to panic? :(






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  • Neocrack
    04-21 08:39 AM
    You should be fine. My passport was expiring in April and I re-entered US in March. I think as long as your VISA and Passport dates have not expired you should be able to re-enter.



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  • sandy_anand
    01-24 10:12 AM
    TeddyKoochu, based on the 2010 report, can we estimate what the total EB quota would be for 2011?





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  • satyasaich
    10-21 10:16 AM
    That means let Immigrants suffer in hell. with this ignorant guy's letters, and inturn USCIS responds and issues a dump memo on that letter again, and the suffering becomes more and more day by day. Is the republicans have majority or Democrats I have doubts about that. This bipartisan is a key word to do nothing and enjoy all the benefits of being the ruling side. There is no seniority issue here. These senators are weeds who make immigrants life miserable.

    Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
    earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news



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  • obviously
    05-15 09:04 PM
    Folks, I just called and left VM's with all on the list. It is very simple and takes less than 15 minutes in total. If you are someone that is 'shy' or 'afraid', dont worry... you are speaking to an automated voice and leaving a message. Get over those nerves. Helps when you call again and speak with a real person. Remember, they are here to serve us and help us.

    So, please take 15 minutes to call and leave these requests.

    Cheers!





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  • GKBest
    08-03 08:25 PM
    You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.


    From the way I understand if the case is denied, you cannot work but you are authorized to stay if your appeal has been decided in your favor. However, some lawyers say that you can work with the H1 employer since the decision is not yet final. So which one is correct?



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  • Siboo
    07-27 04:12 PM
    Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help


    I think you need seperate EADs for each jobs. 2 jobs means 2 EADs..:confused:

    Common, You can do any number of jobs with ONE EAD. If you don't invoke AC 21, then why are you worrying about Job Description???





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  • Apollon
    06-30 08:55 PM
    thank you very much



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  • imm_pro
    06-10 06:27 PM
    good ..should be a relief to lot of folks..


    06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension

    AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.





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  • eilsoe
    10-22 04:24 PM
    *wrooommm!!*

    :P:P:P:P:P

    *post*post*post*post*post*post*post*post*post*post *

    Huh? Who goes there?



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  • little_willy
    05-22 12:10 PM
    plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
    ;)

    I wish people heed to this request, this will help some one like me. I missed the dates by 5 days. (PD is June 6, 2003. EB-3):(





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  • Aah_GC
    07-25 03:00 PM
    It depends on what is being asked for. Try to tell your employer that you might need an EVL (Employer Verification letter) that basically puts your start date, responsibilities and has HR Contact information.

    Make sure you keep the paystubs of your previous employer through the 180 days of your 485 app pending. Get a releiving letter and try to be on good terms with your ex. It helps.



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  • doudou
    06-25 07:17 PM
    Has he already filed? Can you send in your application before July 01 dateline?

    Gene
    Thank you guys. This scares me. I believe he already filed. At least that is what he told.





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  • shivarajan
    11-23 10:41 PM
    ICICI is worst when it comes to exchange rates:

    I have used many transfer services in past years so far and these are worth mentioning.

    In Order of exchange rates:

    -SBI Online (Now simple to register too and very nice one)
    -Remit2India (has specials, but careful they don't fullfill it)
    -HDFC (Internally uses same service of remit2India)
    -CityBank
    -ICICI
    -Western Union

    Remember all of them ask for SSN nowadays and having SSN on some unreliable site databases may be little risky.

    :D





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  • Marphad
    03-26 06:01 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?





    sasimks75
    08-23 06:10 PM
    To aarzoo, did you apply the I140 again in EB2? i am in the same boat. My lawyer said the samething and applied another i140 in Eb2. Can you please let me know your experience? Mine is applied in July 6th 2010.





    mallu
    10-01 12:39 PM
    .....Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
    .....

    They are not dumb , they might be already keeping a watch on you while on soil.



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