jung.lee
03-03 11:56 AM
Hello forum gurus
I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.
Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.
What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.
Can some one share your thoughts.
thanks in advance
See the below linked forum post for a relevant discussion:
http://immigrationvoice.org/forum/showpost.php?p=320990&postcount=4
Also, see this document I posted on Scribd:
http://www.scribd.com/doc/12822387/485vsH1b
I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.
Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.
What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.
Can some one share your thoughts.
thanks in advance
See the below linked forum post for a relevant discussion:
http://immigrationvoice.org/forum/showpost.php?p=320990&postcount=4
Also, see this document I posted on Scribd:
http://www.scribd.com/doc/12822387/485vsH1b
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kookoo
08-03 06:17 PM
What the chances are of an inquiry between the USCIS and my Previous Employer?
:confused:
:confused:
chanduv23
07-13 02:13 PM
Wear your company shirts/ your old company shirts, spouses can wear additional t shirts.
Business casual t shirts must also be fine.
Company's shirts will give excellent media attention.
If you are worried about present company, you may consider wearing shirt from previous company.
You can wear your school shirts also to show that you went to that school.
Carry an American flag.
Business casual t shirts must also be fine.
Company's shirts will give excellent media attention.
If you are worried about present company, you may consider wearing shirt from previous company.
You can wear your school shirts also to show that you went to that school.
Carry an American flag.
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jliechty
June 6th, 2005, 07:42 AM
Some colors are really hard to capture without blowing out in certain situations, like this. Other than spot metering (or pseudo-spot metering like Kevin suggests), what you could do is bracket more downward, and use a RAW converter that shows a three color histogram (I wish all cameras had three color histograms - those that do are either not right for me - Sigma SD10 - or expensive - D2x, 1DsMkII?) to ensure that you don't blow out any one channel in the conversion. Of course, you'll be pulling up the shadows more if you do this, so I hope your camera has good shadow noise performance (mine doesn't).
more...
map_boiler
07-15 04:57 PM
Since you have an approved I-140 through your previous employer, the PD is yours to keep.
Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!
I was searching on internet and this is what i found on Murthy.com.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!
I was searching on internet and this is what i found on Murthy.com.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
joeshmoe
03-24 03:38 PM
Hello fellows in pain!
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
more...
Blog Feeds
04-22 06:20 PM
Rasmussen Reports indicates in their latest poll that only 5% of Americans list immigration reform as a top priority, a number that is consistent with historical numbers but is much reduced from the last few years when anti-immigration activists whipped up a wave of nativism not seen in many years in the US. One of the reasons immigration measures big and small have not succeeded in recent years is because the entire issue of immigration has been perceived as radioactive and no one wanted to take on the crazies. As it becomes clear that dealing with immigration issues isn't something...
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
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ruchigup
08-22 04:16 PM
Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
Yes my employer is supportive with respect to not revoking I-140.
Yes my employer is supportive with respect to not revoking I-140.
more...
chris
09-29 07:31 PM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
If your name check cleared, you may have some hope.
If your name check cleared, you may have some hope.
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eb3retro
04-17 04:44 PM
I didnt sign this petition.
more...
yabadaba
07-23 09:52 AM
ne thots from core?
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waitingnwaiting
01-26 11:14 AM
Proud.
Andhra bags 7 of top 10 IIT ranks - The Times of India (http://timesofindia.indiatimes.com/india/Andhra-bags-7-of-top-10-IIT-ranks/articleshow/5978951.cms)
HYDERABAD: Andhra Pradesh hit a jackpot with its students bagging seven of the top 10 ranks in IIT-Joint Entrance Examination (JEE), the results of which were declared on Wednesday. In fact, the state claimed the coveted top two ranks of IIT-JEE, with A Jitendar Reddy from Warangal emerging as the national topper followed by Uday K Shah from Hyderabad.
Others from the state who bagged top ranks include Madhu Kiran (fourth), K Satwik (sixth), Janardhan Reddy (seventh) Sabarish Nikhil (eighth) and Neeraj Gopal (ninth). An estimated 30% of the 50,000 students who wrote the examination from the state cleared the test this year, with over 500 of them making it to the top 2,000 in the open category. A total of 65,000 students had written the examination from the southern region.
Andhra students also scored well in the reserved category with OBC students from the state bagging seven out of the top 15 ranks in this section. Among reserved categories including SC, ST, OBC and physically handicapped (PH) the state secured over 50 ranks in the top 200 slab.
Officials from IIT-Madras, who were in charge of the results, said Andhra students already account for 21% of the total student strength in IITs. "One should not be surprised by the performance of these students as they have traditionally done well. This year, the percentage of students from the state in the IITs might be higher than 25%," said T S Natarajan, director, IIT-JEE.
While IIT-Madras, which conducted the examination, was criticized for the errors in mathematics and physics question papers, IIT experts said such errors could have actually worked in favour of the students from Andhra as not many would have been able to crack some of ambiguous questions. "Most front-rankers from the state cracked these ambiguous questions, which might have given them an edge over others," said K V Raghunath, vice-chairman, Narayana Group of Colleges whose students bagged five of the top seven ranks. Some other experts noted that a tough maths paper helped garner top ranks as students from the state have traditionally done well in the subject.
Andhra bags 7 of top 10 IIT ranks - The Times of India (http://timesofindia.indiatimes.com/india/Andhra-bags-7-of-top-10-IIT-ranks/articleshow/5978951.cms)
HYDERABAD: Andhra Pradesh hit a jackpot with its students bagging seven of the top 10 ranks in IIT-Joint Entrance Examination (JEE), the results of which were declared on Wednesday. In fact, the state claimed the coveted top two ranks of IIT-JEE, with A Jitendar Reddy from Warangal emerging as the national topper followed by Uday K Shah from Hyderabad.
Others from the state who bagged top ranks include Madhu Kiran (fourth), K Satwik (sixth), Janardhan Reddy (seventh) Sabarish Nikhil (eighth) and Neeraj Gopal (ninth). An estimated 30% of the 50,000 students who wrote the examination from the state cleared the test this year, with over 500 of them making it to the top 2,000 in the open category. A total of 65,000 students had written the examination from the southern region.
Andhra students also scored well in the reserved category with OBC students from the state bagging seven out of the top 15 ranks in this section. Among reserved categories including SC, ST, OBC and physically handicapped (PH) the state secured over 50 ranks in the top 200 slab.
Officials from IIT-Madras, who were in charge of the results, said Andhra students already account for 21% of the total student strength in IITs. "One should not be surprised by the performance of these students as they have traditionally done well. This year, the percentage of students from the state in the IITs might be higher than 25%," said T S Natarajan, director, IIT-JEE.
While IIT-Madras, which conducted the examination, was criticized for the errors in mathematics and physics question papers, IIT experts said such errors could have actually worked in favour of the students from Andhra as not many would have been able to crack some of ambiguous questions. "Most front-rankers from the state cracked these ambiguous questions, which might have given them an edge over others," said K V Raghunath, vice-chairman, Narayana Group of Colleges whose students bagged five of the top seven ranks. Some other experts noted that a tough maths paper helped garner top ranks as students from the state have traditionally done well in the subject.
more...
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capriol
12-02 11:32 AM
hey dude I hv an appointment on 10 dec as well in Mumbai! Its 10 am. However I wont be able to share acco with you as I will be coming from somewhere else.
Anyway, just finished sorting up all the docs. Good luck to you too. :)
Dear Friend:
I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.
Anyway, just finished sorting up all the docs. Good luck to you too. :)
Dear Friend:
I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.
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justice4all
02-25 04:57 PM
This is the link.
http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html
Hi akhilmaharajan,
I cant access the link. It opens a blank page. Can you tell me why?
thanks
http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html
Hi akhilmaharajan,
I cant access the link. It opens a blank page. Can you tell me why?
thanks
more...
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ocpmachine
06-10 03:08 PM
Help!
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
We just got our medical envelope for me and my wife from the doctor, we both had TST reaction of 10mm and 18mm, chest x-ray came out normal...doctor marked both of us Latent Class TB(LTB1)...i would not worry about this, Latent TB is not infectous and recommended(not required) to undergo treatment. I am going to sit tight, not taking any medication as i heard the medication is a strong antibiotic which has more side effects(esp in women) and does more damage(to liver) than cure. If on medication, you are also required to take a test every 2 months to check if your liver can take medications for following months. Ofcourse, even after taking medication for 9 months, you cannot guarantee future TST test will result -ve due to BCG vaccine history.
If i get an RFE at a later time, i will goto my PCP, start medication(which i will discard) and get a letter saying in am on medication just for paper work sake, i refuse to take the medicine when x-ray is clear.
Read here:
http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm
Here is the snippet from CDC.gov for TB:
16. What is Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)?
A TST reaction of 10 mm or more of induration, and a history of recent arrival (within the last 5 years) in the United States from a high-prevalence country.
And
No evidence of active TB disease.
17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
The 2008 TB TIs recommend that civil surgeons refer applicants with �Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)� to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information.
21. Can the civil surgeon medically clear the applicant for TB even if the applicant is going to receive treatment for latent TB Infection (LTBI)?
Yes. Referral for treatment and/or completion of treatment for LTBI is not required for the civil surgeon to sign the I-693 form. As regards TB, the signature indicates the applicant is free of Class A pulmonary TB disease.
Disclaimer: I am not a doctor or an attorney, Please consult doctor or an attorney for expert advice.
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
We just got our medical envelope for me and my wife from the doctor, we both had TST reaction of 10mm and 18mm, chest x-ray came out normal...doctor marked both of us Latent Class TB(LTB1)...i would not worry about this, Latent TB is not infectous and recommended(not required) to undergo treatment. I am going to sit tight, not taking any medication as i heard the medication is a strong antibiotic which has more side effects(esp in women) and does more damage(to liver) than cure. If on medication, you are also required to take a test every 2 months to check if your liver can take medications for following months. Ofcourse, even after taking medication for 9 months, you cannot guarantee future TST test will result -ve due to BCG vaccine history.
If i get an RFE at a later time, i will goto my PCP, start medication(which i will discard) and get a letter saying in am on medication just for paper work sake, i refuse to take the medicine when x-ray is clear.
Read here:
http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm
Here is the snippet from CDC.gov for TB:
16. What is Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)?
A TST reaction of 10 mm or more of induration, and a history of recent arrival (within the last 5 years) in the United States from a high-prevalence country.
And
No evidence of active TB disease.
17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
The 2008 TB TIs recommend that civil surgeons refer applicants with �Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)� to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information.
21. Can the civil surgeon medically clear the applicant for TB even if the applicant is going to receive treatment for latent TB Infection (LTBI)?
Yes. Referral for treatment and/or completion of treatment for LTBI is not required for the civil surgeon to sign the I-693 form. As regards TB, the signature indicates the applicant is free of Class A pulmonary TB disease.
Disclaimer: I am not a doctor or an attorney, Please consult doctor or an attorney for expert advice.
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kaisersose
05-07 01:27 PM
Also, keep in mind that CIS has said they are coming out with a regulation on AC21 sometime soon. There is no telling how favorable that will be.
more...
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Becks
02-10 07:18 PM
Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.
So try to switch the job with H1 transfer if your new employer supports. Use EAD only when you dont have H1 option.
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
So try to switch the job with H1 transfer if your new employer supports. Use EAD only when you dont have H1 option.
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
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InTheMoment
07-19 10:47 PM
srarao,
Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?
The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.
Hi
Any guys with RFE on this
Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?
The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.
Hi
Any guys with RFE on this
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snathan
08-18 05:32 PM
They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.
Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes.
Exactly.....You nailed it correctly.
Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes.
Exactly.....You nailed it correctly.
onthelines
03-24 01:02 PM
I listened to it at the end. Great job Mark...
gee_see
10-19 02:21 PM
I found an interesting article on AC21 portability in cyrusmetha.com
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
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