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  • snathan
    08-07 09:33 PM
    My priority date is June 2006.

    I was with consulting company till 06/2009 after which I joined the client (fortune 10) company as full time employee. I'm on EB3 category using my EAD.

    When I was with consulting company before I left they filed for my EB2 labor which is now approved.

    Here is my DILEMMA.

    OPTION#1) I can join my previous employer. i.e. the consulting company for interfiling between EB3 and EB2 so in which case if I go for premium I140 processing I will be on EB2 within a month or so.

    BUT I'll have to leave my current full time employment which is with a fortune 10 company and good pay, I'm not comfortable to leave this position AND I do NOT want to loose the opportunity of getting my GC as soon as possible as EB2 dates are so close to my priority date.

    OPTION#2) Discard the approved EB2 labor that my previous employer (consulting company) have for me and ask my current employer (fortune 10)company start my EB2 PERM labor and premium I140 and then interfile. IN THIS CASE, it might take about an year for me to get on to EB2 category BUT by then I'll miss the EB2 train if the dates become current before I get on to EB2 category....


    Please provide your advice/inputs on what options I have, Do you know any other options than above specified.

    Has anyone gone through this situation and how did you handle?

    Any other feasible ideas that help me keep my full time position with fortune 10 company and as well get my GC on EB2 category.


    Forum members helped me in the past with valuable inputs so I counting on your inputs. Please spare few minutes and help me with your inputs/advice.

    I appreciate your help and time.

    You can not have the cake and eat it too... you need to select the EB2 or your current job. If I were you, I would take the EB2 and later I can get job anywhere I want.

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  • Iak123
    04-15 04:00 PM
    � My Father is now retired and he has transferred his business on my brother�s name. My brother pays monthly rent to my father for using the office building owned by my father and my mom is a homemaker. Whatever income my father makes is not taxable now due to his age.
    � His assets are his office building, his house and bank balances.
    � My brother and his family lives in India along with my parents. My grandmother also lives in India.
    � My father is now 65 and my mom is 60.
    � Visa was rejected by US � Embassy in Mumbai twice.

    First Attempt:

    Applied on: Sept, 2004 visa rejected under Section 214(b)
    Translator: Hindi Translator Taken
    Reason for coming to USA: Tourism
    Duration of stay requested: 6 months

    Conflicting information was provided to the consulate. They had my I-134 (Affidavit of support) form saying that I will be supporting their trip and my parents DS-156 (Visa form) said that they will SELF sponsor their trip

    Visa officer asked my father his yearly income. He said Rs 1 lakh/year which is net and not gross. My father owned the business. His bank statement shows his savings. His tax/bank statements papers were never seen by the visa officer.

    I was on H1-B and showed $30K in my bank. All the papers including my details were submitted to the consulate far in advance but did not help. Visa was rejected.

    Second Attempt:

    Applied on: April, 2005 rejected under Section 214(b)
    Translator: Hindi Translator Taken
    Reason for coming to USA: Graduation ceremony of daughter and Tourism
    Duration of stay requested: 5 weeks

    I was on H1-B and showed $33K in bank.

    I filled up all the forms correctly and I was sponsoring the trip. I also sent invitation letter to attend Graduation ceremony received from my university along with the application

    My parents were both at the consulate. My father was asked questions about me as to where I work, what I work as. He answered them all well.

    As my father keeps forgetting things so my mom was prompting from behind to help him. My father was also asked what he does. Income was not asked this time. They did not see his tax documents. Visa was rejected again under section 214b

    I am wondering if somebody can suggest what approach can i take this time. Please let me know if letter from senators help or any other ideas? Thanks a lot in advance

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  • centaur
    04-25 07:09 PM
    Stop sniffing glue man!

    Khalee deemaag shaitan ka khar

    Most of us are like Gollum..we got the ring..(LC and I-140) and seem to
    rot without getting GC..our lifes and age in the US have been
    artificialy increased by the ring..not sure where the ring is going to take us..we
    have a Gandalf(Lobbying Firm) guide Frido(Aman Kapor) and Samwise Gamji(Logic Life)..
    to get rid of the ring status and get a life and GC status on middle earth.

    Please strenghten the Fellowship with the contributions...the ORC's are
    getting stronger!.Gimli(Papu) heh..heh...heh has already joined the fellowship.

    While Souron(You know who? our Friend on CNN) manufactures ORC' know
    who's going to win!

    Give High Five to Fellowship with your $$Bills!

    Ho! Ho! Ho!..this Chirstmas with Green Cards...!

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  • casinoroyale
    08-22 09:45 AM
    Any more AP approvals from NSC? It looks like USCIS is thinking why approve the cases when most of the APs start expiring from October, may be they will flood :D with approvals in September and October.


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  • abhay
    08-28 12:30 PM
    Thanks Guys.

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  • ashkam
    03-24 03:20 PM
    I think if you switch from H1 to an F1 and then want to get back to an H1, you will be counted towards the 65K cap.

    It will be a brand new H1 application, so it has to be under the cap. So think twice about switching to F1, it's not easy to just switch back and forth.

    Make sure you get confirmation from an attorney though, don't assume everything on a forum as perfect legal advice.


    I don't think that's true. He won't be counted against the cap even if he switches to F1 and then applies for an H1B.


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  • Sideliner
    08-13 10:29 AM
    I live in Jacksonville FL. Planning to attend the DC rally.
    - Ramana

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  • peer123
    04-09 01:55 PM
    I am currently working on H1B with a consulting firm and my wife and my 5 year old son are on H4 visa and staying with me in US. I have applied for I-485 in Aug-2007 (for all 3 of us) and I got my I-140 approved in Dec-2006 through my current employer. I got EAD for my wife and myself in Oct 2007. As I have well passed 6 months limit, I am planning to change my employer. I am getting an offer for a full time position job with a new employer and my job profile is similar to what it was while I applied for Labor approval. I am planning to use EAD for new employment, as my new employer does not sponsor H1B. Here are my queries.
    1. Is it safe to start working on EAD? I can submit AC21 for change of employer.
    2. Does filing AC21 require any kind of sponsorship from my new employer? Can I do it my self without any involvement from new employer (except offer letter and pay stubs from new employer)?
    3. Do I need to hire a lawyer for filing AC21 or I can do it my own personally?
    4. Is there any time limit within that I need to submit AC21 after joining new employer?
    5. As my H1B status will go off as soon as I use EAD and my wife and son will also loose H4 status. For my wife she can be on EAD but what about my son as I think any child below 18 years cannot have EAD? On which status he will be?
    6. Although this is not an option for me right now but what if my new employer transfers my current H1B and I keep working on transferred H1B (don�t use EAD) with new employer, do I need to submit AC21 in this case also, as my old company will not entertain my I-485 processing?
    7. In case where I use H1B transfer with new employer and file AC21, same or simiar job requirements holds true?

    Thanks you all in advance for your help and time.

    I am also in same situation as you are,... still wondering but I am thinking I will make a move.

    1. Well AFAIK, many people have used EAD and personally couple of my friends have done and got it.
    2. Employer has to give letter of employment with experience and as such... more details are on other threads
    3. I personally recommend a lawyer
    4. well AC21 is very much optional, but I think its good to do it one months time frame after joining new company.
    5. Check with a lawyer, this is tricky one.
    6. AFAIK, Yes you still need to do AC21.
    7. Yes


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  • ganguteli
    03-02 11:21 AM
    Ok, My bad to let others know this happened. Might be people here dont like information to be shared.

    NO No please share information.

    Information is good especially if it is juicy and lightens up our day. Sanju your post was hilarious.

    Please complete your profile so that we can take you seriously.

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  • tikka
    06-07 08:45 AM
    I usually try not to clog up the threads but I would like to put on a record that this statement is a sweeping generalization. There are many people who are contributing/emailing/faxing/calling the senate offices but not posting about it, myself included. So, a few bad apples do not mean that 11,000 members have sipped tea and coffee.

    You are right. There has been a lot more support to IV in the last few days/weeks.
    If you or your friends do call/webfax/mail senaotors, can you please post online?
    Somtimes it just encourages other members and they realize that calling a senator is almost as easy as sending a wefax!

    Thank you again for your contribtutions.


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  • ramus
    06-07 07:27 AM
    I feel sorry for some of members who still don't understand what IV is for.
    IV is not a private lawyer company who is offering some kind of services..
    Pepole don't have fear when they spend $$$ for any small service from any lawyer but will fear to spend $100 here.
    IV strength's is his members. If no member then no IV.. Like I said before
    IV- All for you..

    I don't want to say anything after this.. I am sure members who trust IV will reply to this message right away...

    Get some results before asking for money. If this is all about money, I will not pay a single dime to this. Don't discourage people to join the movement. Myself and group of people wanted to contribute but statements like this make us fear that this is all about money and no representation.

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  • hpandey
    06-03 10:30 AM
    You don't have to do anything. He will be in parolee status but his work authorization will be based on his H1B.

    My wife was on H1 status and she got her H1 extension in March. Then she went to India on vacation and came back on AP. Her lawyer said that her H1 status is no longer valid and she will have to work on EAD as she is on a Parolee status now. The only way to go back to H1 status is to file the H1 extension again .

    I don't know if the lawyer is right or not. Can someone else throw some light on this ?


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  • jonty_11
    01-25 02:25 PM
    Be mindful of teh fact that H1B are the not the only Contarctors at the Client locations. There are ones with GC or citizens for that matter.
    H1Bs may be less than 10%, why would those banks (Clients) even care about getting those H1B a GC.....itsa long shot...

    Who should work towards that is those like Msoft, Cisco etc...who have loads of Full Time employees....

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  • nepaliboy
    05-26 01:02 PM
    Nepoliboy, It is not compulsory that you will see LUD after bometric. You can talk with USCIS customer support after couple of weeks and ask whether your name check is clear or not. Even that should not be a constraint now as your application past 180 days. I suggest waiting for couple of weeks and open a service request.

    i talked a month ago with io about name check she told me my name check is cleared but waiting for biometric , and she told me she will sheduled apointment for biometric but she didnot and had to take info pass so the io he shedulled for 28th may 2008 but i went to asc 20th may 2008 and took biometric walk in saying i had to travel out of country so finelly i was able to take may 20th 2008 but no LUD yet until today .

    do you thing it is normal? my pd is current now , if there is no LUD after biometric so that mean they arenot looking my I485 or just they ingnore my i-485?


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  • gbof
    12-26 11:25 AM
    I have a similar question. If somebody can reply, that would be a great help. I am currently on H1 and wife and son on H4. My H1 will expire soon and I plan to go on EAD. Will my wife and son also have to go on EAD ? My son is minor and wife does not work.

    Your wife and son will be in AOS even if you donot extend their H4 or apply for EAD.
    It is your choice whether to extend H4 or apply for EAD just incase she/he want to start work in future.

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  • gcworried
    12-22 02:11 PM
    If your I-140 is approved then you can transfer your H1 to another employer with the copy of I-140. You should get 3 years extension with new employer. But make sure when you file transfer at that point the I-140 is not revoked by your employer since H1 extension is soley based on I-140. Alternatively if your LC was filed 365 days before your end of 6th year, then you should be able to get one year extension with your new employer.

    what is the way to find out if 140 is going to be revoked? is it legally required for company to revoke 140 in case of layoff


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  • gimme Green!!
    07-25 11:56 AM
    Can't you extend H1B based on pending I-140 / 485 approval?

    My 6th year H1B is only valid till feb,2008 so I am really depending on EAD to be in status. I cannot extend as my labor PD is not 365 days prior to new H1 start date. My only other option is to recpature out of country time to extend h1b.

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  • chapper
    07-26 08:25 PM
    Hi there,

    I am sorry to hear about your situation - there is no easy solution for your case. Please hence forth follow every minute detail of your life yourself. Don't let others decide for you. Confirm before you ask them to do something Always ask questions

    That having said: I can still think of a couple of otherways for you.

    1. You may continue with the application process as it is now - and hope it is not denied


    a. File your I-485 now with the I-140 application - if you do go with this - then my suggestion is to file a new labor now (convince your employer and explain it to them - take an appointment and explain what is the normal procedure) If employers still don't agree for another lawyer - I think one can file a labor if employer is willing without an attorney
    (all this may take another 2-3 months from now - provided your labor is approved within 30 days)

    b. Once your new labor is approved - file Premium I-140 with the new approved labor - a total of 30 days

    c. Once your I-140 is approved - Use "Interfiling" and replace your old I-140 [hoping at this stage (nearly after 90-120 days) your I-140 is still pending] and that way you can still keep your priority date and also keep I-485 receipt date

    3. If during this process your original I-140 gets denied - you will have to wait for PD to be current to file a new I-485 but atleast you can get H1B extensions

    To read more about interfiling go to this link "" and scroll down

    Below is the text from about "Inter filing"

    "Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent
    Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.
    In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval."

    4. File another I-140 in EB3 using the present approved labor (request for a certified labor approval copy from DOL - not sure whether this can be done)
    if you have any questions - I'll be around..........there are a lot of if and buts in my suggestions. Please consult an attorney whether you can use this option

    Important disclosure: I am not an attorney - please consult with an attorney whether you can do this and whether this can be an option for you

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  • thomachan72
    04-14 03:07 PM
    so do you have to apply for new F1 or you can use existing valid F1?
    i don't know the answer to this
    if you can use existing are just come

    if you have to apply for new F1 then you might run into trouble as you have to mention that you were refused a visa before and if they ask you will have to explain H1 case
    in this situation they might refuse the F1 saying that you intention is not to study and come back. there is risk...but u can always try and see what happens.

    He already was on H1b so might not be able to go back to the original F1? I am no expert on this but once you convert from one visa to other usually the other one is revoked? Also you cannot go to another school that has not issued you the F1.
    His options might be either file for new H1b visa a new employer or to wait out to see and potentially challenge the denial of the current one. Unfortunately either way it will take time. Going for visa stamping has become a nightmare for all of us.

    12-02 04:21 PM
    Dear rbashir:

    There are many others in a similar situation. You can take some comfort in that. It is also quite likely that our problems will be solved in the near future. So don't be too depressed. I know exactly what it means to be turned down because of not having a GC. My promotion is being delayed because of it primarily. Best of luck and cheer up!:)

    02-13 05:20 PM
    pardon my language but I hate these mean a$$h0le (mostly desi) employers who do not give a copy of approved I-140 to their employees. Like the previous poster suggested, it would be best to move to new company only after proper checks and balances in place - get a copy of I-140, get H1b approval by premium processing. Best wishes and good luck to you. BTW dont share ur plans for employer change with anybody in your current company !

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