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  • gcseeker2002
    04-28 05:50 PM
    Below is my understanding as I searched for answer sometime back.

    yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.

    If anyone thinks othewise, letme know.
    There is a major thread in this forum about changing jobs after 140 and keeping old PD if we file new labor and 140 with new employer. Many people even confirmed this with their lawyers, now why is the issue of Ac21 not invokable coming up?? If you have approved 140 go ahead, get your 3 yr extension of h1b and transfer it to some other employer, only problem, you have to restart the process but will get old PD after labor.

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  • gotgc?
    11-19 01:07 PM
    H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.

    did you check with your attorney, if she absolutely has to do h4 renewal.

    I understand that H4 Renewal is not really required; but if something happens to our AOS, then I will be on H1 and she willl be out of status and has to go out of country and come back on H4. Its always good to maintain both of our NIV status and also it helps to get 3 year DL renewal etc...

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  • BumbleBee
    08-24 07:16 PM
    Not sure whats stopping from this regulation to come in to effect,0314-guevara.shtm

    I wish if they publish the regulation soon, out of those 360K labor pending, half of the employees must have left the company.

    If the system doesn't change than may be its best to change ourselves to suite the system :D .

    <Joke> :rolleyes:
    Does anyone have approved/upapproved labor of 2001 and looking for subsitute candidate???? Please contact IV at blah blahh.. </Joke> :eek:

    never mind, just evening frustration!!!!!!


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  • gchopefull
    12-17 12:39 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced


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  • fcres
    07-26 01:00 PM
    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.

    You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.

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  • indianindian2006
    08-28 02:06 PM
    Link not working.

    Here is what he wrote and later removed his posting....

    Originally Posted by venkat80
    FYI - U.S. Department of State (DOS) indicated today that EB-2 visa numbers for India and China for the current fiscal year were exhausted on August 21, 2008. However, USCIS has not announced plans to cease accepting AOS applications with a current priority date in the EB-2 category for India and China. Further, the DOS has not stated whether it will issue a revised September Visa Bulletin. Our understanding at this time is that the August and September Visa Bulletins stand and USCIS will continue to accept cases pursuant to the September Visa Bulletin through September. Fragomen will continue to monitor DOS and USCIS activity on this issue and will update you with any new information as it is released

    Originally Posted by venkat80
    It is internal mail.


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  • Vic
    10-11 12:12 PM
    Hi everyone,

    I received an RFE for my I-140 application from the Nebraska Service Center around the requirement for my Master's degree. I had completed all the necessary course work in Spring 2003 and have official letters from the director of the dept stating that I have completed my course requirements and will graduate in 2003. As luck would have it - there were major administrative delays and I finally got my degree in 2006.

    My lawyer is concerned that in responding to the RFE - I might get a denial since the requirement was a Master's degree. But I have letters and on my official transcripts - it clearly shows that the last course work I attended in school was in 2003.

    I am confused and feeling helpless since I am afraid that I will get a denial and will need to restart my entire process from scratch.

    Has anyone been in a similar situation and gotten past it OR does someone have any ideas on how to get around this and come up with an RFE response that will get me the I-140 approval (EB2)?

    What makes it worse is that I already have the AP and EAD documents for myself and my spouse approved in hand.......and am hoping that I do not go through this ordeal all over again - this is the 3rd time I am going through the entire process - the first two times was because of company layoffs.

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  • chandrajp
    06-19 01:14 PM
    I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
    The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website


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  • pbojja
    11-19 09:53 AM
    I guess you already know but can't help to remind this :
    USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).

    So, NO, your mails will not be lost!

    I think USPS does not forward mails when the mail says "return service requested" .

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  • Anil_s
    07-08 09:45 AM
    Hi Ari,

    Thank you for the reply.

    As I came to know L1 is denied due to skill set I have is not enough, which I do not agree and I can appeal for the same.

    Will you advise me to reopen the case? And if I am reopening the case am I eligible to stay here in US till the case is finalized even if my I-94 expires?

    Can I also file for H1 at the same time?

    Thank You


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  • amitpan007
    10-19 04:33 PM
    These are the job codes from DOL and mine was 15-1031. I am in similar area Oracle Applications. Hope this helps.

    15-0000 Computer and Mathematical Occupations
    15-0000 Computer and Mathematical Occupations
    15-1011 Computer and Information Scientists, Research
    15-1021 Computer Programmers
    15-1031 Computer Software Engineers, Applications
    15-1032 Computer Software Engineers, Systems Software
    15-1041 Computer Support Specialists
    15-1051 Computer Systems Analysts
    15-1061 Database Administrators
    15-1071 Network and Computer Systems Administrators
    15-1081 Network Systems and Data Communications Analysts
    15-1099 Computer Specialists, All Other
    15-2011 Actuaries
    15-2021 Mathematicians
    15-2031 Operations Research Analysts
    15-2041 Statisticians
    15-2091 Mathematical Technicians
    15-2099 Mathematical Science Occupations, All Other

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  • helpful_leo
    02-03 12:31 AM
    The bill seems to apply to future PhD candidates who will come on an "F4" visa. Will current PhD candidates who will graduate on an F1 visa be similarly able to adjust status after 1 year of employment? If it does not, the potential benefits will be seen only after 4-6 years, which is when new candidates on an F4 visa will be getting their PhDs!

    Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!

    Interested individuals should contact lawmakers about these points and have them amend it!


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  • gc_check
    11-26 05:31 PM
    As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....

    I'm not an expert on this, Remember reading in the forum, you can go to local USCIS office with the approval letter if you have one already and get stamped in passport.
    On other thread, also read you can reenter using AP and the IO in the POE will tell you that your Petition has been already approved and will let you in.

    Please verify this with an attorney.

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  • thesparky007
    04-22 09:37 PM
    here you go kirupa
    i put a price for it


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  • Happyday
    07-26 05:17 PM
    Lunch is $25.00 per person.

    Let me know how many??

    Make check out to Rotary Club of Lakeway/Lake Travis for
    $25.00 for each person.

    Myself + ISK Reddy are going as of now. We need more members/any one senior from IV, who can travel to Austin????

    Tomorrow is the last date. Send me name's of all willing members.

    I know renee , so can call her up and confirm

    Else, mail her

    Mail to me.

    Renee' Matta
    127 Carefree Circle
    Lakeway, Texas 78734

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  • pt326bc
    07-12 07:14 PM

    First (Original one):

    labor date: EB2-Aug-2002
    Labor approved: September - 2007
    I-140 approved: Yesterday (July-11-2008)

    485 not yet filed

    Second (approved labor from different company):

    labor date: EB3-Apr-2004 and labor approved
    140 filed: July 13 2007 - case is pending as of now
    485 filed: July 13 2007 - case is pending as of now

    I dont know what to do with my original green card one (whether to file one more 485 or not)

    Gurus help me with your knowlege which option i have to choose

    1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one

    2. file one more 485

    3. wait for the substituion labor 140 to be approved and transfer priority date and category?


    You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
    But confirm with you lawyer; this is not legal advice.


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  • TomPlate
    07-05 12:44 PM
    Here are the numbers to call CNN.
    (843) 763-6631 | 60 Markfield Dr # 4 Charleston, SCzip code

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    Business Categories: Television Station Representatives,more...
    Map| Driving Directions| What's Nearby?| Send to Mobile Phone
    (202) 408-1097 | 950 Pennsylvania Ave NW Washington, DCzip code

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    Business Categories: Nonclassifiable Establishments
    Map| Driving Directions| What's Nearby?| Send to Mobile Phone
    (212) 945-0691 | 225 Liberty St New York, NYzip code

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  • vxb2004
    07-23 06:50 PM
    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
    It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.

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  • ItIsNotFunny
    03-04 05:22 PM
    Is there anything i can do on H4 visa??

    I would say this is the best time to get education. Learn something, as soon as you have work permit, that will pay you back heavily.

    10-26 10:48 PM
    I got my EAD and AP but no sign of fingerprinting. My wife has also not got her EAD. It is past 90 days now. Please anyone advise. Called the USCIS and someone just read from the website that EAD is pending.
    No sign of fingerprinting yet. Anyone please guide. Thanks

    09-21 01:11 PM
    Thanks Raj. Is interfiling request just a one page letter to USCIS or anything more involved? I presume you also did the priority date porting at the same time.

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