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  • lazycis
    11-29 04:00 PM
    United States Code
    TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
    ...
    (j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

    So the 180 days count starts from the I-485 RD. Not even notice date.





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  • slowwin
    05-28 07:10 PM
    .......you can work for a private for-profit enterprise too. But you should be able to satisfy the usual test for NIW such as Intrinsic merit, National interest etc(google the criteria).
    If in the field of your work you have created an imapct which is national in scope, you have achieved academic distinction, have papers, citations, patents etc and can produce recommendation letters from your industry stalwarts... then NIW can be justified.

    I am not an attorney.., ;) but I did the justification for my wife's self petition successfully. It worked for her, but may not necessarily hold up for every one. I think individual cases need to be evaluated for suitability and probability of success.

    thanks,
    slowwin



    Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?





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  • chilushah
    11-03 02:30 AM
    Team, My Labor is filed under PERM was Audited and now approved.

    For, Qualification it says Bachelor + No Experience
    However, in Skills section it says 5 years of experience in Software Development (.NET).

    I got Audited and was required to provide Business Justification for 5 years experience for software developer position.

    Can this be applied in EB2?

    Thanks!





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  • cal97
    12-11 05:44 PM
    Guys,

    I have a question about interfiling. My signature explains my green card situation. My EB3 I-140 with a PD of 9/2001 is still not approved.

    Is it true that USCIS never responds to interfiling requests ? As per my attorney, they accept the interfiling letter and process it or they don't. My attorney is pretty darn good and honestly have no complaints till now but this particular information is kind of bothering me and just want to be sure.

    Would appreciate if anyone could help me clear this up.

    Thanks!



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  • Leo07
    06-26 09:28 AM
    ^^^^^^^^^^^^^^Just a bump^^^^^^^^^^^^^^^^^^^





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  • gcganapati
    08-15 07:56 AM
    I am one who missed the 2007 july boat...even though i filed in 2007 (485) my I-140 denied and we lost ead,ap and every thing..

    if they give at least EAD my wife can start work..i can also look direct client in this tough situaitons...its very diffucult to get mange in the work with H1b...

    please every body share with more information regarding this.
    thanks



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  • nuke
    07-29 11:39 AM
    How do I start a new thread?





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  • GotGoose?
    04-08 05:10 PM
    I took your advice frost and changed each accordingly.
    Hopefully, they look at least a little better



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  • seltzer
    02-12 03:42 PM
    Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.





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  • ronhira
    05-15 10:37 PM
    startup visa is all smoke & mirrors..... this is another way for rich people to make more money..... how will startup visa create entrepreneurship? just as h1/j1/l1 exploit foreign works..... this is just another way for rich people to start new ventures exploiting the ideas of foreigners..... immigrants will not become this so called "entrepreneur"..... the bill is designed such that only 170 "registered" venture capitalist could exploit immigrants...... if immigrants want to start their own companies, using funding from anywhere other than those "registered" 170 venture capitalist.... then those immigrants will not qualify for this "startup visa" the next generation greatest idea on the planet.... to exploit more immigrants keeping them in probationary limbo state......

    if anyone in america actually care for entrepreneurship.... they ought to give green cards to people who are already here.... who already understand the system... people who already have their own savings & ideas.... & people who are willing to take risk in starting their own businesses, which will create more jobs.....

    creating system in which rich people will become richer is not "boost" entrepreneurship.... rather this is another way to trap & kill innovative ideas/minds.... startup visa is the most horrible of all the ideas..... this subject is like a hidden enemy of all immigrants waiting in the backlog ..... is anything like this would pass..... the congress will tell everyone that entrepreneurship related immigration issues are all fixed.... it will be hailed as the biggest victory of american capitalism & congress will forget @ those stuck in the backlogs..... the reality will be that is just another way for those 170 venture capitalist to rake more....

    some reporters write these articles with no knowledge of the subject.... & with little or no research of their own....



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  • gps001
    02-23 02:34 PM
    Hi,

    1. I have my I-140 approved, applied for I-485 and have EAD/AP
    2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
    3. Both have 6 years of H1-B expiring later this year (both from different companies)

    I can extend my H1-B based on pending applications.
    QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?


    My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.

    Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?


    Thanks.





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  • hemanth22
    07-06 06:44 AM
    add72 is correct, the indian economy is not dependent on the IT outsourcing business any more.
    If you research more you will find that Tata steel is currently one of the largest steel makers in the world after acquiring corus.
    Infosys might aquire capgemini/ernst and young soon making it to compete directly with IBM and EDS for high level consulting business
    Chrysler might be sold to tata motors
    etc etc
    Earlier goverment policy was inhibiting indian businesses in india as well as globally
    Now the policy is changing and indian business are thriving both at home and internationally.
    They are looking to hire the top talent paying top money.

    Thats why its in the indian govt's interest that the GC / immigration process is skewed up here :) so that its best people come back and paricipate in the economy back home

    http://www.flight-capital.com/flight_school.html



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  • immig4me
    09-07 08:40 AM
    I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

    If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

    Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.

    Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think





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  • ultimate_champ
    11-29 03:24 PM
    Agreed to the points above.

    However my new offer is also with the same employer, just different team and location. The HR, Immigration Dept, lawyers etc are all the same.

    Im not changing my company - but just the team & location.



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  • nogc_noproblem
    06-27 04:02 PM
    Yes, it is frustrating to miss it just by one day, I don't think we can appeal against it, let us wait for the original card to see whether we have any luck. I also filed at NSC.

    I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????





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  • java4yogi
    09-04 12:32 PM
    We do have the licence and bank accounts based on the h4 status.

    My main question was when we can apply for SSN if the employee is right now in US on H4 visa and Change of Status to H1 is approved. Whether the SSN can be applied before Oct 1 is the main thing !

    Thanks for the replies though, might help others in the same boat :)



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  • md2003
    04-02 09:35 AM
    I see each Attroney has different opinion on PD retaing when previous employer cancel the i140.

    Rajiv Khanna -- He always thinks we can carry PD.
    Murthy -- Every week she gives different answers
    Mathew oh --- He gave different answers
    Susan --- She thinks We can carry PD. But i heard only one conference call.


    Not sure which one is correct.





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  • suavesandeep
    01-08 02:51 PM
    Even for my wife early last year we had issues in the PA DMV, As some others mentioned not all officers are aware of the rules. We did take the PA Fact sheet print out which clearly mentions that people with EAD should get a 1 yr license extension.
    http://www.dmv.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf

    After showing the same, the officer consulted with his senior and did extend the licence. I am guessing even CT should have some official document as above which you should be able to use.

    Dont worry i am sure you will get it extended soon.. As others mentioned just your bad luck.





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  • anreddy77
    07-09 11:04 PM
    I feel there is no better country than India in the long run..believe me!!!





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    01-18 05:05 AM
    very impressive.





    techbuyer77
    06-12 05:11 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them



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