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I don't think you are correct. Portability applies after 6 months of I140 approval. But you can not use AC21 for job profile / labor zone change. So, I don't recommend you changing job title.


You are wrong! Portability applies after 485 has been pending for more than 180 days.

Nice article here. It also compares the experience on how folks did once they went back. The needle is surely moving away from USA.

America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)

Even PA DMV also adopted more troublesome procedure of giving DL to the LEGAL IMMIGRANTS.
Even after having VALID EAD DOCUMENT, verifying ORIGINAL USCIS documents and ORIGINAL SOCIAL SECURITY CARD why DMV want to check status with USCIS again?


What do they get out of that process?? Seems like another way of harassing LEGAL IMMIGRANTS.

Why redundant procedures???... Why to waste tax payers money with these kinds of redundant policies??
Why individual states like PA, GA and SC adopting these policies??

Please share your experiences from other states if any similar sort.

Hi Guys,

I got the good news to share every one. got the approval . its wonderful

This one is playing a joke...but if it is indeed true then it is a MIRACLE :confused:

You actually have active TB? Or you are saying your TB skin test came out positive as you had BCG?

If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.

mhtanim,

My skin test was positive but chest x-ray was negative. As far as changing the doctor goes, this doctor is actually the USCIS doctor who I went to during last July 2007 fiasco. At that time of rush I did not bother on what he wrote on the medical forms. Even though I had negative x-ray , he wrote I need to follow up with my primary care for INH treatment.

Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.

The statistics they have provided might be correct but useless for any PD date information. Applications include all kinds of 485s, AP, EAD and renewals.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.

Isnt all that in picture only when you are travelling outside ?

If an employer fires an employee and continues to give severance pay for a couple of months, do they usually cancel H1B immediately or wait for the period of severance pay before cancelling H1B?

Hi,

One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.

Few questions about his H1B visa.

1. How many days can he legally stay in the US before he finds one more job gets new H1B.

2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?

3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?

4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?


I would really appreciate if anyone can please help me with this questions.

Thank you very much!

Right off the bat I'd say you need five years of progressive experience after bachelor to qualify for EB2. Secondly, the job must require that level of qualification and experience. However, you may want to ask an immigration attorney.

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.

There is another thread where the same topic was discussed earlier: http://immigrationvoice.org/forum/showthread.php?t=2095

Congrats

Hi John, thanks for bringing this to the attention of our members. Lets hope everybody finds time to call Sen Cornyn to thank him for introducing this bill. Another thing I wanted to say is that, our members are all busy with 485 filing and stuff so we can expect a response only after the 17th of August when the excitement of 485 filing is over. Even though it was defeated it doesn't seem to be a very hated idea by the majority since 5 more votes would have made it safe. So there still seems to be a positive factor lingering around for us the "legal immigrants". Hope we are able to capitalize on it soon. IV is infact becomming stronger and more influential thanks to the dedicated efforts of the leader and the members. Pls keep up the spirit for all of us. We need vigilant people like you to do the work to spot opportunities and failures for the community. Thanks.

You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.

Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).

You may also want to check with your attorney.

There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.

But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.

Thanks,
Srikanth

None of us here has little luck... We were close to CIR this year and now new math is in picture.. Two possibility for CIR in 2010...

(1) Dems will not touch it.
(2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.

CIR was impossible all along. It was delusional to think such a political hot potato can pass.
Not just my opinion ...but also that of IV board member: Greg Siskind.

The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.

Friends,
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation

1. I have approved I140 > 180 days in actually 300 days

2. I have approved EAD

3. mine is labor transfer case and I used an existing labor that matched my job profile

4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.

5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....


Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.

Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..

please help
bumping it up... - please provide your input

It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

What are my options here? Does anyone has faced such a situation?

send new again. anyways first one is going to come back.

it is very well appreciated


Support for the cause will bring results

http://www.chron.com/disp/story.mpl/special/immigration/5124255.html

You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.

Yes That is the way. You have three years to ammend your tax return. It is simple and common

Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.

Krishna.

Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.

However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.

You will need to file an immigrant petition (Form I-130) for your child and wait for its approval. Your child will have to wait overseas until his/her priority is current. Thereafter, there will be some form of consular processing and the child will obtain an immigrant visa. Thereafter you can bring your child to the USA. It is a long process......

Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.

I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:

A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

Thanks in advance, ;)