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  • vegasbaby
    02-23 12:40 AM
    I have similar question about EB2 and experience with current employer

    I came from China, so EB3 are really bad comparing with EB2

    As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?

    Will that be some problem, or is it legal?


    Yes. You can find a company B and ask them to process your case in EB2. Remember, GC is for future employment not current. So you can work for company A whereas your processing under EB2 thru company B can go ahead. However, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.





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  • tabletpc
    03-16 05:47 PM
    My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????





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  • Winner
    10-11 09:12 PM
    Dear Friend I totally agree with you. I was with one of these employers and have moved away from them. As suggested by some members you can report about these fraudulent activities to DOL. I know it is dufficult to leave these employers as they make the employees to sign bonds and try to capture all the money that they have acquired in PF etc back in the native country.

    These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.

    I know there are some members in this forum who will try to shout you down and make you quite.

    But I feel if one believe in what is right then one should go ahead irrespective of what others think.

    Now that you have left your abusive employer, would you mind disclosing your ex-employer information?





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  • ivar
    04-29 04:35 PM
    Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
    1. The attorney gets more money for filing a seperate application.
    2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.

    Best to port the PD at the time of filing the 140.

    Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.

    Crazyghoda,

    I am still waiting for my PERM but i had talked to my attorney regarding porting of my old priority date he says i will have to wait till i get my new I-140 approved. I am not sure how should i convince him to file I-140 and priority porting application together once i get my PERM approval. I need some strong documentation to support my statement if he denies doing both together. I tried googling but yet to find some document related to this.

    Thank you.



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  • dskhabra
    02-23 02:38 PM
    Approved Labor/Pending labor for more than 365 days or 140 approval is required for extension beyond 6 years. I don't think it can be done based on pending 485 applications (for dependent) only.





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  • satish_hello
    09-11 02:08 PM
    My case is transfered to from NSC to CSC on 09/07, California Service center.

    I live in california, and my employer too in California.

    Do you guys know the Fate of CSC transfred people like us.Will they transfer back to NSC..

    Do you huys know any future cases like this wht we have current situation.

    Regards
    -satish
    ----------------------------------------------
    EB2/PD-Sept'2004/I-140 approved @NSC ---> CSC
    I-485 - Delivered july6th at NSC
    CheckCashed-yes
    RD - yes
    ND-yes
    FP- not yet,
    EAD-Not yet
    AD -?



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  • rta2009
    11-25 07:38 PM
    I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...

    1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.

    2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.

    3. Yes, You can.

    Please let me know if you have any concerns.

    Dear peacocklover,

    Thank you for your helpful answers.
    I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).

    May I ask one question to clarify your answer?

    It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.

    So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?

    (My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).

    Many many thanks :)
    Have a wonderful Thanksgiving.





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  • overseas
    08-23 07:14 PM
    Hi Andhrawala,

    I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.

    In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.

    As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.

    I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)



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  • donelson
    March 24th, 2005, 08:34 AM
    If you've got six batteries in it, you're using the AA adapter in the MB-D100, which is notorious for very short life. You should be using the lithium ion batteries instead, which are more reliable. Even though the MB-D100 has space for two of the lithium batteries, you can use it with only one installed. Hope this helps.

    Don :)


    Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
    Thanks.





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  • cooldudesfo
    12-16 07:05 PM
    Thanks a lot for the information.

    While coming back is fine as I will be either using AP or will get VISA stamped on my passport.

    Thanks again.



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  • GCwaitforever
    06-15 09:26 AM
    You can send your story to public@nytimes.com. I am typing up mine as we speak. ;)





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  • kaisersose
    01-02 02:03 PM
    All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
    Ist Question
    I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
    I will really appreciate the help.

    IInd Question:

    For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?

    You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.

    As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.

    There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.



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  • InTheMoment
    11-17 02:51 PM
    STAmisha,

    My lawyer has initiated conversion of my TR case to a RIR. As per the FAQ provided by him, provided that the job duities and title is the same; he will get a prevaling wage determination from the SWA (this is the stage where I am right now), next he would post the ads for 10 days.... and continue with the regular recruiting procedure as per the RIR rules.

    As per his estimate he would be able to file the RIR conversion request (with the recruitment data) to the Philly BEC in 2-3 weeks.

    If you want I can e-mail his deatiled FAQ to you.

    :)





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  • perm2gc
    11-05 02:31 AM
    Guys,

    Your help/guidance is needed on this strange situation.

    I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.

    Apparantly, this employer is causing some issues in giving me all my supporting documents.

    My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?

    You experience, knowledge will be appreciated.

    Thanks,


    pan123

    You cannot apply for transfer your present H1 to new employer...The kind of documentation required will not available with you at this time..so filing for a new H1 is very good option...

    Good Luck !!!



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  • johnggberg
    07-18 10:48 AM
    i verified with my lawyer, and they did not got it yet, hence i'm hoping its still with USCIS.

    if they returned it, i guess we can still file when ever we get it back, even after aug 17th. as it is returned for wrong reasons





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  • Pallavi79
    02-10 10:35 PM
    I spend lot of time to check status, emails, news.
    If I spend the same time in my career, I could have got my GC in EB1 or atleast I could have returned my home with lot better savings & good career back at the home country :rolleyes::rolleyes::rolleyes::rolleyes:



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  • gapala
    02-04 04:56 PM
    This sounds like volunteering opportunity to me. May be other senior members on the forum will also throw some light on this scenario.
    As far as I know, you can volunteer in any area as long as you do not get paid for those services.





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  • bajrangbali
    02-25 08:56 PM
    Consult immigration lawyer and try to keep the time out of status to a minimum. Do not try to take chances, times are tough and everything is being looked through when it comes to immigration. Wish you luck friend!





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  • va_dude
    01-29 10:21 AM
    I'm a bit confused too.

    You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?

    Are you guys also Jul/Aug 2007 filers?

    -va_dude





    saint_2010
    09-17 04:41 PM
    although some of us could not make it to DC...we do acknowledge your's and other members of IV's efforts in making this rally a success in progress....





    sheshadripv
    12-13 12:02 PM
    Hey mind your language. I just wanted a prompt answer. If you don't know about L1 visa, you don't need to reply.

    Thanks,
    Sheshadri



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