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  • bestia
    03-20 03:30 AM
    You are fine, you can use AC21. You don't need to have I-140 approved to invoke AC21. You can even port your H1b to company A or you can just use your EAD. You just have to make sure that they won't withdraw your pending I-140 and properly reply to any RFE.





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  • trexx7
    09-26 02:03 PM
    http://www.businessweek.com/ap/financialnews/D8RT6BE80.htm

    This is one more reason why Congress should realize to increase the number of green cards.





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  • India76
    07-14 02:29 PM
    Thanks for the reply...

    Job will be same/similar as what I am doing right now.

    What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?





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  • itsjoe
    07-20 12:21 PM
    Hi All,

    First off, thank you for taking the time read this.

    Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.

    Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.

    Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.



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  • thomachan72
    06-17 01:42 PM
    Thanks for replying, I checked around and found out that it an official courtesy call.

    Please post updates of your interview process.





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  • LondonTown
    05-21 01:50 PM
    How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial?

    It was due to attorney's mistake.



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  • chanduv23
    10-19 09:32 AM
    Hi folks,
    Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)

    Thanks

    Yes, it is possible if you qualify for eb2 in the same company, lawyers can help you with it if you qualify.





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  • TwinkleM
    04-20 12:58 PM
    @ GreenCardLegion
    Why do you say that filing EB2 withe same company is most likely to be rejected? Is there any such clause?



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  • wandmaker
    10-08 03:20 AM
    Hi,

    I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.

    Thanks in advance

    If you have not received any RFE or NOID or DENIAL or APPROVAL with in 15 calendar day of your PP upgrade then you are entitled to receive the PP fee by USCIS policy. One catch though, not sure whether it will be applicable if your GC was approved with in 15 calendar days of PP upgrade - just throwing one exception. You will never know what is in fine printing :)





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  • resident
    04-14 01:35 PM
    Hello,

    I have previously contacted an attorney from NY which has been very successful with O-1 visa applications. He has helped two people I know and apparently has a 100% success rate (I suppose that could come from only choosing cases he's sure will go through). This attorney has reviewed my CV and stated I certainly qualify for the O-1 visa. This guy is also very expensive.

    My employer is willing to pay for all visa expenses, as long as it's through their own law firm (which charges about $5000 less than the NY guy). So my question is: as long as the CV is strong, is it possible an attorney could screw up the application, by not preparing it very well? Basically, I am trying to decided whether I should suggest to my employer eating up the cost difference so that I can work with the guy from NY.

    Any advice welcome.

    Thanks!



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  • retropain
    08-02 01:11 PM
    Because of the shortage of talent companies are moving their operations abroad. Wells Fargo just announced they're opening a technical center in India. No wonder the H1B and EB visa reform is long overdue...
    ===

    I suggest we compile such stories on this thread...


    Wells Fargo to open tech center in India
    Bank says the opening is not a cost-cutting move, but a result of a shortage of qualified technical talent in the U.S.

    By Reuters
    Published: August 1, 2006, 10:46 AM PDT

    U.S. bank Wells Fargo on Tuesday said it plans in the fourth quarter to open a technology facility in Hyderabad, India, citing a shortage of qualified technical talent in the United States.

    The San Francisco-based company said the opening is not a cost-cutting move, and will not result in the loss of U.S. jobs. It also said it will not employ customer service personnel or manage customer data at the facility.

    U.S. commercial banks with large India operations include Citigroup and JPMorgan Chase.

    Wells Fargo said the facility will provide technology resources, including software development. It plans at first to hire 30 to 50 people for the facility, and might employ as many as 300 next year.

    "This is simply about supply and demand," Victor Nichols, Wells Fargo's head of technology information, said in a statement. "Like most major U.S. companies, we're facing a shortage of qualified technical talent, and we're not able to continue to meet this growing demand for such talent here in the United States alone."

    Nichols said U.S. computer science graduates have fallen by about one-third in the last four years, while more technology and operations specialists are coming from India.

    Wells Fargo said it employs more than 153,000 people in North America. It expects to hire more U.S.-based technology specialists as talent becomes available.

    "The comparatively small amount of work we're planning to do in India--the same as work done for us today by outside contractors, some in India--is not motivated by cost savings and thus will have no effect on our U.S.-based employment," Nichols said.





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  • eb3retro
    11-05 05:18 PM
    if you have applied in NSC, if you are not pushing it to move (through expedite SR or through local congressman etc), prepare to wait for close 120+ days. I am not kidding.

    How long is it taking now a days to get AP approval. I am from TX and e-filed on 2nd Oct (ND 4th OCT 2010) and want to know when I can expect the approval.



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  • neeidd
    07-14 01:06 PM
    Hi Gurus,

    I need some advice from you guys

    My initial receipt date for I-485 from Vermont service center was July 7th 2007. But when I-485 was transferred to Texas service center, receipt date on I-485 is showing as September 11th 2007. Can we do anything to correct the wrong receipt dates as this might have significant impact on my processing times. Please advice

    Thanks





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  • x1050us
    06-15 08:35 PM
    My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?



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  • gc2
    10-04 03:11 PM
    $930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930

    I would assume that EAD and AP have to be paid for separately.





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  • gc_check
    02-12 11:16 PM
    You have to get from your attorney or employer only. There is no other way you can get this. For joining for a new employer, the new job my be same or similar if you are using EAD / AC21 to continue GC processing.



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  • gcdreamer05
    09-12 10:07 AM
    Hi all!
    Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???

    Well you have sufficient time for the OPT to finish, but say you are at the end of your OPT you need to find a job which does h1b so that you have a valid visa status (or) continue your education so that you have another study visa.

    Say you want to go back to your home country, then make sure you have proper visa for your kid to enter your home country. Say your home country is India, then you need to file PIO Card for your kid or get a indian visa for your kid before you enter your home country, because your kid is a US Citizen and needs permit to enter in to your home country.





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  • 123456mg
    08-16 08:06 PM
    I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).

    1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
    2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).

    Any suggestions?

    This is another classical case of attorney screw up. If only your attorney had filed 6 days earlier, you could have filed for your I-140 and I-485 concurrently.





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  • nath.exists
    11-02 11:26 AM
    Hi Tharu,
    I am in the same boat as you. i.e. My wife's place of birth is a country where the visa numbers are still available . I am trying cross chargeability. She is still not in USA yet. we both can exchange info. if you would like.Thanks.





    guchi472000
    11-21 09:02 PM
    I am on H1b and working for a desi consulting company. My visa expired on Oct 30, 2010. My company applied for extension based upon my I 140 approved for 2years. I have valid EAD card. My wife is on H4, she doesn't have EAD.
    Another company is offering me job and ready to transfer my H1b.
    My Question:-

    1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?

    2) What if, The new company don't file AC 21?

    3) What if the previous employer cancel my I 140.

    Let me know what other problem can I face if I transfer my H1b to new employer.:confused:





    minimalist
    11-12 10:50 AM
    I recently took up a fulltime job and I was told that drug test will be taken few days before the join date. Also the employment is contegent upon succefull drug test and background test.

    My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.

    SO is this common to conduct drug test few days before join date...?? It is a common practice and very simple process. If you are not into it, you don't have to worry.
    All the best.



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