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  • dc2007
    01-10 10:16 AM
    Hi,

    I am on H1B and still 4+ years are left on my new H1. I have got my I-140 EB2 cleared in July 07 and applied for I-485 in Aug. Got EAD in Oct.

    My question is what is the better option out of the following to change employer:

    1. To transfer H1B to new company with the same Job Title as was in previous H1B. I have good relation with my existing employer.

    2. Or I can invoke AC21 and start working on EAD with new employer (after 180 days).

    Questions:

    Q1: If I want, can I come back to my existing employer on same old H1B (if thats still valid) ?

    Q2: I frequently go to India (at-least one time in a year). So with EAD and AP, there might be more waiting/ filing each year etc.

    Q3: Which is the better option for me - H1B or EAD ?

    Thanks




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  • mrdhoni
    03-17 11:39 PM
    Dear All,

    1. I was on H1B with company A from Januray 2003 to January 2008.
    2. I am on L1A with company A from February 2008 which is valid till December 2010 (my 7 year limit on L1A ends by December 2010).
    3. My Labor is applied in October, 2009 by company B.

    If my labor is approved or labor pending for 1 year, can I reactivate my old H1B with company B and start working with them.

    Please advise. Mr. Dhoni




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  • nobody
    04-30 07:57 PM
    *stamp pets you back*




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  • kk_kk
    04-09 08:16 AM
    I filled 'AOS' in that field



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  • supers789
    01-24 01:42 PM
    Thanks for quick reply!




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  • Blog Feeds
    01-30 06:40 AM
    Last week, White House adviser David Axelrod noted that immigration reform would not happen in the near term unless there was bipartisan support. That's really always been the case, but the comment seems consistent with something said this week by Senate Democratic leaders (as noted in an email alert sent by America's Voice today): During a news conference held by Senate Democratic leaders yesterday, Senate Majority Leader Harry Reid (D-NV) and Chairman of the Senate Subcommittee on Immigration, Refugees and Border Security, Sen. Chuck Schumer (D-NY) both made clear their unequivocal support for comprehensive immigration reform and outlined their efforts...

    More... (http://blogs.ilw.com/gregsiskind/2010/01/two-plus-two.html)



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  • gc_chahiye
    09-19 07:47 PM
    Hi,

    I have received notice for I-485 FP, but my I-140 is still in process (not approved or anything). How is this possible? Is it because of concurrent filing?

    Thanks.

    yes, its normal and ok. Your 485 will be processed independently of your I-140, and your fingerprinting, namecheck etc will all keep happening. You just cant get it approved without getting the I-140 approved first. Everything else goes on in parallel.




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  • woowjj2004
    07-23 02:42 PM
    Hello All,

    I need some advice here. Actually I have filed two labors.
    Company -A - EB3 - PD of March 2003
    Company -B - EB2 - PD of March 2006 (PERM)

    I got my Labor, I -140 from company B, and applied for 485 recently (July-2nd).

    Recently (Last week) I got the labor approved from Company A (as it went to Backlog).

    I was thinking that If I get I-140 from Company A then, My layer wants to use that Priority date in already filed 485 case.

    But to get the I-140 from the Company B, I may have to spend around 3k, so just thinking if it is worth doing or not.

    Any suggestions?

    --
    Deep



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  • chris
    10-19 02:40 AM
    please can anyone suggest good immigration attorney in bay area.

    We are expecting interview soon in local office.

    thanks in advance.




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  • nmdial
    03-31 12:13 PM
    I initially voted in favour of this, but on further reflection, I think this is bad policy and urge others to not support this.

    Giving I-485 benefits to people without current PDs is a bad idea. It creates a class of immigrants who are neither non-immigrant visa holders (h1b) nor are they lawful permanent residents (i-551) with a set of rights that falls into neither category. The AoS pending status is intended as a short-duration temporary "gap" coverage for people who are a matter of months from having actual I-551 rights.

    Essentially, this proposal aims to make every month into the July 2007 fiasco. In addition, and this is the truly horrible part of it, relieves US employers of the pressure and costs they feel now, extending H1Bs every 3 years. That means that the only allies that legal EB immigrants have (US Employers who require their services) are detached from the immigrants themselves...they no longer have a dog in the hunt, and will stop whatever pressure they are bringing to bear now upon Congresscritters and Senators to increase the number of EB visas available.

    Disconnecting the interests of foreign-national employees from their US employers will weaken the political position of the foreign-national employees. We cannot vote or contribute to campaigns, our employers however, can do both. If employees are shifted to EADs and APs, with no further involvement of employers in their immigration status needed, then those employers become disconnected from the process, and the one and only ally the legal immigrant has is no longer interested. That's a horrible thing for the immigrant to advocate.

    I strongly urge IV to back away from this proposal, as it is not in the long-term interests of the EB Immigrant community. I urge IV to instead focus their resources on items that will help immigrants long term, like increasing the number of EB visas available through initiatives like eliminating the DV program and allocating the visas to EB applicants.

    Thanks for your insight. This is another perspective and it demands further discussion and analysis. The wait time between filing I-485 and receiving the green card is already beyond the norm and a lot of companies are aware of this. Imagine the wait times for the people who haven't yet been able to file for their Adjustment of Status. Wouldn't it help them (and their dependents) if they are at least allowed to file for their AOS? I invite the members to provide their perspectives on the issues raised by JeffDG above. Please do not attack each other. Let us fight together in lieu of fighting each other..



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  • upuaut8
    09-05 12:13 AM
    <<<Edited to comply with Ezboard policy>>>

    I'm sorry buy your post smacks of illegality. If for some reason, you actually have the legal right to redistrubute swift3D software please repost with a detailed explination.

    Any further attempts to use this board as a staging ground for hacked and or illegal software distribution will be met with more deletions of your post as well as a report to Ezboard.com.




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  • Blog Feeds
    02-08 06:10 PM
    My friend Dan Kowalski linked today to an article in the Detroit Free Press about Naji Chammout, a Lebanese native who has been waiting on his citizenship application to be approved for ten years years. That might surprise people when they learn that Chammout volunteered for the US Army in 2004 when he was a green card holder and served as a translator to top American military commanders in Iraq. He sold his Louisiana gas station for the chance to serve his adopted country and went to some of the most dangerous places in the war zone. US Army Brigadier...

    More... (http://blogs.ilw.com/gregsiskind/2010/02/immigrant-of-the-day-naji-chammout-hero.html)



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  • miguy
    07-13 02:54 PM
    My wife is currently on a B1/B2 status which is valid for 10 years. She has an appointment to get her H4 stamped next week. Can she have both the B1/B2 and H4 visa stamps at the same time or will they "Cancel without prejudice" the B1/B2 after the H4 is stamped?

    Is there a way to request the consulate not to cancel the B1/B2 visa?

    thanks




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  • mayhemt
    09-21 10:28 AM
    Here's my case
    (EB3-I I485 filed & pending, got married after July 2007 episode and missed filing I485 for my wife.)
    So, cannot use EAD during these transitions and continuing H1 filings & extensions...

    My current H1b is expiring on Sep 30 2010, I 94 expires on Oct 09 2010 (I know the officer at DFW POE was kind enough to give expiry 10 days beyond petition exp date).
    My current company filed for normal extension during 3rd week of Sep 2010.

    Now I got job offer from another employer, who wants me to join from 11 Oct 2010 or I can ask them to advance joining date to 06 Oct 2010 (to rule out the possibility of being out of status). They are ready to do H1B premium. (They claim their track record is good, & they get very minimal denials)

    Did anyone face this situation?
    Also, once the new employer's H1B is filed, does it come with I-94 cards in the petition notice? (If not, I would have to go out & get stamped, don't I?)



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  • immi_2006
    02-12 01:01 PM
    I have taken a 2 day stop over in Dubai while coming back to USA in April 2010. I booked my flight on Emirates. Emirates will sponsor my visa. But i am not sure now they allow Advance Parole as when i apply for visa one of the requirements says "Travel documents, such as re-entry permits and refugee documents are not permitted"

    Dubai Visa Application Passport Picture Upload (http://www.us.cibt.com/DVA2/PassportUpload.aspx)

    Did any one take a 4 day stop over visa with Advance Parole?

    Any information is appreciated




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  • isthereawayout
    05-20 05:24 PM
    When I joined my employer, I had MS+2 years of experience, but my lawyer applied to me under the EB3 category which had MS+2 as an alternate qualification. I submitted the experience letters from my previous employers.

    Now, my company is willing to upgrade from EB3 to EB2 and have a position that requires MS+2, but the job responsibilities is a little different from the EB3 job.

    If I apply for this position, will the USCIS accept the experience letters submitted earlier?



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  • raviram1980
    01-31 06:30 AM
    Hi Gurus,

    I wanted to know if I can work for H-1B with my current company which holds my H-1B and work outside with another company on EAD. Is there a chance that I may loose my H-1B status if I work with EAD.

    Please let me know,

    Thanks,




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  • Macaca
    05-19 07:30 AM
    A New Reality in Washington, but Can It Last? (http://www.nytimes.com/2007/05/19/washington/19assess.html) By SHERYL GAY STOLBERG (http://www.nytimes.com/gst/emailus.html) May 19, 2007

    WASHINGTON, May 18 � Six months after Republicans lost control of Congress, President Bush is learning the rules of a game that, for six years, he seemed to have forgotten: the Capitol Hill edition of �Let�s Make a Deal.�

    In the last eight days alone, talks involving cabinet secretaries and other high-ranking White House officials have produced two surprises: a major compromise with Democrats on trade and Thursday�s fragile bipartisan accord on immigration. The question now is whether the sudden burst of deal-making will extend from these easier targets to the most intractable issue in Washington: the war in Iraq.

    It is still far from clear whether the Bush administration and Congressional Democrats can be flexible enough to reach an accommodation on war spending � and indeed, the Iraq talks stumbled on Friday. What is clear is that both Mr. Bush and his rivals are shying from the path of confrontation. Democrats, for the most part, are refraining from muscle-flexing, showers of subpoenas and other displays of new clout. And a White House hungry for legislative victories is working hard to negotiate a vastly changed political landscape.

    �The president has become belatedly pragmatic,� said Ross Baker, an expert in presidential-Congressional relations at Rutgers University. �I think it took a while for him to recognize that the ground rules have changed, but he seems finally to have come around to the realization that he�s not working with a docile Congress of his own party, but with people who really have decided that they are going to challenge him.�

    The White House chief of staff, Joshua B. Bolten, who is the president�s lead negotiator on the Iraq bill, conceded in an interview earlier this week that it had been difficult for the administration to get accustomed to not controlling the legislative agenda.

    Yet despite �a fair amount of substantive tension� in the relationship with Democrats, Mr. Bolten said, the immigration and trade deals have left him feeling encouraged.

    �We have some ways to go,� he said, �but there is a process of confidence building that accumulates over time.�

    Maybe so, but after six years of being virtually ignored by the administration, many Democrats remain wary. Senator Byron L. Dorgan, Democrat of North Dakota, complained on Friday that the Bush White House had �never been very interested in anything except the way they wanted to do business.� Mr. Dorgan said he was not impressed with the fact, given the change of party power, that they are talking.

    �That gives credit for low expectations,� he said.

    Others, less in the thick of things, sounded more upbeat. Leon E. Panetta, a former chief of staff to President Bill Clinton, said he had been concerned, once the Democrats took control of Congress, that �an awful lot of blood in the water� would prevent the parties from coming to terms on �low-hanging fruit� like immigration and trade.

    In Mr. Panetta�s view, the talks are a good sign. �Whether it can go into bigger areas like the war remains to be seen,� he said. �But it clearly helps build at least a rapport that you absolutely need if you�re going to try to come to a deal.�

    Mr. Bush, of course, is not the first president who was forced to come to grips with a new political reality after losing control of Congress. Mr. Clinton did just that after Democrats lost the House of Representatives in 1994. That loss created the political climate that enabled Mr. Clinton to make good on his promise to revamp the nation�s welfare system.

    Likewise, the change in November has made it easier for Mr. Bush to pursue his trade agenda and his long-cherished goal of immigration overhaul.

    In the trade deal, the administration�s unlikely partner was Representative Charles B. Rangel, the tough-talking Democrat from Harlem. The White House acceded to his demands for child labor and environmental protections in several pending trade pacts, a move that would have been unthinkable when Republicans controlled the House, because Mr. Rangel�s Republican predecessor as chairman of the Ways and Means Committee, Bill Thomas of California, would have blocked it.

    On immigration, Mr. Bush�s position already seemed nearer that of Democrats than Republicans, and some in his own party are highly nervous about the deal. Senator Trent Lott of Mississippi, the Republican whip, who was majority leader when Mr. Clinton was president, said Republicans would criticize the administration as giving away too much on immigration, just as Democrats criticized Mr. Clinton as giving away too much on welfare overhaul.

    �But,� Mr. Lott said, �I would argue that the White House is coming to terms with the reality of the situation in Washington, and they don�t have any choice. We can all get into our partisan crouches and get nothing, or we can go through a process of responsible negotiations.�

    Administration officials say both sides seem to be learning as they go. But Iraq is an area where Mr. Bush has been especially unwilling to yield. He has made clear he has little interest in sharing his power as commander in chief.

    While Mr. Bush has been trying to strike a conciliatory tone � he said Thursday that he would accept benchmarks for the Iraqi government � the breakdown in talks on Friday was a reminder that Iraq is not immigration or trade, and the president will only go so far.

    Some say the trade and immigration deals could actually work against compromise on Iraq. After cutting two big deals, Democrats and Republicans might not be inclined toward another one, for fear that they will look wishy-washy with their respective political bases.

    On the other hand, one force pushing toward compromise is that neither side can afford to get blamed for holding back money from the troops. Even so, Mr. Panetta says it is too early to be optimistic.

    �There�s some light at the end of the tunnel,� he said, ��but it could get dark real fast.�




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  • TwinkleM
    01-11 12:47 AM
    Would appreciate the input on my querries by the attorneys & the people who has experienced similar situation.

    My spouse's Advance Parole is expiring in mid February 2010. He is pplanning to travel to India by mid - jan & return back by 3rd feb'2010.

    My questions is:

    1) Is the time gap of 15 days before the expiry of the AP is safe to re-enter USA?

    2) SHould he apply for the renewal of the AP before he leaves? If yes, then if the advance parole renewal approves before he re-enters the country, can he still re-enter on the old Advance Parole document or the old one gets automatically nullified?

    3) Should he be in the country during the time the advance parole approves?

    The situation is very urgent. Immediate feedback is highly appreciated.

    Thanx In Advance




    Pagal
    04-23 07:40 AM
    Hello,

    If you have a valid dual purpose visa like H-1B, then you don't need AP to reenter US, but if your visa has expired, then you must hold AP to reenter the US. EAD is work authorization (which allows you to pursue employment without restrictions inside US), but it is not a travel authorization.




    garugu
    01-12 09:50 AM
    Hi,

    I am in 7th year of H1B which expires in Dec 2011. I-140 is approved. Applied for H1B extension in Oct2010 (after 6 yrs completed) based on approved I-140 but got extension for only 1 yr till 2011 (got client letter for 1 yr only) . Can i transfer my H1B to new Employer based on my approved I-140 from my current Employer? If so, can i get 3 yr extension with the new Employer or will the new H1B be valid only till 2011?

    Thanks



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