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I am in sort of big dilemma. My Background:
- Single (not married)
- Currently on H1-B valid until Dec 2011.
- PD July 2007. Company A
- I140 & AOS filed concurrently in Aug 2007. Approved I140 (June 2008) & AOS pending. EAD & AP since Dec 2007.
I am currently working (full-time) for company A who started my GC process since last 3+ yrs. And lately I am realizing that my growth opportunity in terms of salary (more importantly) & career is very limited & been looking out lately. To an extent that I feel so frustrated that it has started to affect my social behavior.
Recently, couple of other employers have shown interest in me which align completely with my future goals. But, the problem is the following:
- they dont do H1-B & willing to hire me on EAD. Hopefully, AC21 should not be a problem as the prospective job will be in the same area.
- I am currently single planning to get married in a year or so. I want my spouse to have an option to be my dependent ie H4.
So, I have following questions to experts here which will help me decide what option to take:
1) Shall I go ahead with new employer & start using EAD ?
2) My GC doesn't seem to get approved for another year or so. Is it worthwhile to keep the option of my spouse being on H4 open & get myself frustrated & spoil my career in current company?
3) Can I move to EAD -> H1-B later? Maybe once I move out of this company A & join company B on EAD either company B or some other company may be ready to file H1-B petition ? This is just to open up the option of my spouse get H4.
Thanks in advance...
It's H-1B season and the business immigration attorneys at Fong & Chun are busy once again fielding phone calls and inquiries regarding employment-based visas, including those of L-1 and new company visas. In the past few years, the USCIS and US Department of Labor have suspected newer and small companies of fraud, especially within the immigration system. New procedures and increased scrutiny (http://www.immigrationvisaattorneyblog.com/2009/04/h1b-quota-still-open.html) of employment-based cases have made H-1B petitions and H-1B visas especially more difficult to attain.
http://www.immigrationvisaattorneyblog.com/Handshake.pngToday's Wall Street Journal (http://online.wsj.com/article/SB10001424052748703712504576242973187563498.html) ran a story about the very disturbing trend revealed by the Securities and Exchange Commission that small private companies are merging with public shell (dormant) companies instead of going through more rigorous methods of becoming public, avoiding initial public offerings. SEC Commissioner, Luis Aguilar announced that since January 2007, 600 of such "backdoor registrations" occurred and most notably, more than 150 of these occurred in and around China.
It's no secret that the USCIS, as part of the US Department of Homeland Security (USDHS) is engaged in "national security, fraud detection and prevention." The DHS now has an unit attached to it which investigates corporations suspected of defrauding the government specifically through the H-1B program and other visa categories. This has made adjudications of all H-1B applications much more difficult and I believe we will see strict review of all H-1B and work related applications. ---ecf
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As it was they were moving very slow and processing dates have been stuck in Jan 07 for past couple of months. Plus results show hardly any approvals this year so far especially for retrogressed countries.
To top it now a few people having spoken with nebraska are reporting that only 140's (EB3...this doesn't seem to apply to EB2 for some reason) with current priority dates are being processed. That they will only start processing again in May 08. Who's to say come May 08, they won't go back to square one and say "oh we're still processing jan 07 and we will only move a few days each month when it comes to processing dates"
Which would be fine if people weren't waiting, depending on the 140 approvals to a) keep their H1b status 2) go back on h1b status 3) change jobs.
I think this is totally unfair to do this to EB3 category. Why are they picking on EB3 category like this?
Is there anything that can be done?
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I have a 485 filed by a company for future employment.
Right now my Priority date became current for my current employer and that labor and I140 are approved.
So can we file multiple 485's with USCIS or do we need to cancel the other 485 to file new 485 with my current employer.
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I have to go to SF tomorrow. Couple of qns that some one may be able to answer
1) What should i expect tomorrow?
2) When im there can i ask them any question regarding the status of my case?
On a separate note, i heard from a friend that AP is getting approved in 15 days now. Is that a one off case?
NOTE: If you filed a Form I-485, Application to RegisterPermanent Residence or Adjust Status, as of July 30, 2007,no fee is required to also file a request for advance paroleon Form I-131. You may file the I-131 concurrently withyour I-485, or you may submit the I-131 at a later date. Ifyou file Form I-131 separately, you must also submit acopy of your Form I-797C, Notice of Action, receipt asevidence of the filing of an I-485 as of July 30, 2007.
My PD was current in July, and my application reached USCIS on July 2. Does this note mean I dont have to pay any fees for AP ?
2. How do I connect a new AP application to a filed 485 application ? I dont have receipt for the 485 application yet - it reached on July 2, 2007.
3. What do I fill in part 7 ? It has the following questions -
1. If the person intended to receive an advance parole document is outside the United States, provide the location (city and country) of the American embassy or consulate or the DHS overseas office that you want us to notify.
2. If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:
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In that update they answer the employer point of contact questions that is often asked by employers. The answer is that the employer must designate as its point of contact an employee of the employer who is authorized to act on its behalf in labor certification matters pertaining to the specific job opportunity for which certification is sought.
The designated employee may not be the sponsored foreign worker. The employer point of contact will be contacted by the National Processing Center to verify whether the employer is authorizing the filing of the application and sponsoring the foreign worker named therein.
Therefore, an authorized employee�s name and contact information must be listed in Section D of the employer�s submitted ETA Form 9089. It is not acceptable, for example, to reenter the employer�s name listed in Section C of the ETA Form 9089 or provide a generic title such as �HR Manager.�
Moreover, as indicated on the ETA Form 9089 and accompanying instructions, such a person�s name and/or contact information, e.g., the phone number and email address, must be different from the attorney or agent name and/or contact information listed in Section E of the ETA Form 9089, unless the attorney or agent is an employee of the employer. This has been a subject of a few audits in recent years.
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I have already sent my 485 application
In the field I94# and expiration I entered I 94 number which is on the white card on the passport and it is the same as the number on my renewed h1 papers.However I entered expiry date from the i94 on the passport,which is oct06 instead of the 010 date in the renewal.
will that be a problem..? CAN I CORRECT IT AFTER I get the reciept no or will thay be able to verify with the latest h1 paper that i94 is valid
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Now my question is shd my extension (with amendment) be from April 2008 to April 2011 or can it be for the remainder of 6 years that is April 2011 to Sep 2011. Please let me know. Thanks
upto april 2011. This is a bit like transferring your H1 after you complete 2.5 years with some employer: you get 3 more years, not 3.5. H1 extensions/filings/transfers are always <= 3 years.
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1.Did anybody have recently got H1B stamping done in Hyderabad consultate.
2. Any issues with getting appointment dates.
3. I have all the documentation in place including pay stubs in the last 8 years.
4. Is it preferable to get stamping done in Canada than in Hyderabad,
5. How many days does it take to get the passport back.
Please share me your experiences,
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ie., I got One on Mar 18th and the othe LUD on Mar 25. What dows this mean.
Can somebody clarify...
It seems that whenever they open file a LUD is generated, e.g.
..I sent docs for e-filed EAD, when they received they put a LUD
Soft LUD is happening amounts to some activity happening with file/case.
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My family was applied I-485 by my mom's working at the company, and all my family had EAD which is working permit and received SSN with that EAD.
However, 2008 January our I-485 have got denied because of sponsor got closed.
That was the before our EAD card gets expired. So I couldn't renew the EAD card.
So My question is, is there any way to renew that EAD now?
if I still want to work, what does I have to do?
sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.