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  • usirit
    11-21 12:14 AM
    You are from ROW....here are some things to consider....

    Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.

    If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).

    You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.

    Hope this helps. Good luck.
    Thank you for your quick reply 'loudoggs'... of course it helps and it raise my confidence on the IV group....

    I've actually just e-mailed the new employer attorney in order to evaluate the possibility of filling on a different employment-based category. Do you think I will be able to evaluate if I fit on EB-2 rather than my current category EB-3?

    Comparing employers (IT field) the new one is offering a more up-to-date technology and improved package but I am so attached to my current one...




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  • dilbert_cal
    04-15 12:04 PM
    If your employer remains the same , the job remains the same and the job location is only changing by 8 miles, you have nothing to worry about. It will NOT cause any issues.

    Btw - Did you talk with your company lawyer and/or your manager about this ? What is their opinion.

    ps :- You have two threads - please delete one of them or edit the post so that two threads do not go in parallel.




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  • nc14
    05-14 09:10 PM
    Thanks Guys, It is very reassuring to hear from you.






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  • pd_recapturing
    08-22 04:16 PM
    i sent u a PM. Please respond, if u can.



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  • honge_kamyaab
    11-30 09:24 AM
    Remember I-140 is owned by your employer. If you quit the job your greencard process will start from PERM again with your new employer.
    Portability applys six months after filing I-485.
    Hope that helps.




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  • andy garcia
    07-17 10:26 PM
    I-140 was from TSC; I filed on July 2..but the employment letter was addressed to NSC. Will that be a problem?

    You are OK. This is taken from the 485 instructions.
    File all employment-based AOS applications at the following address:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.



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  • rpat1968
    09-03 11:42 AM
    Still Waiting... Frustrated after seeing so many out of turn approvals for later PD's.

    PD : 08 July 04 ND : 08/09/2009
    Last LUD : 04/14/09 (Aftter Replying to EVL RFE for Primary and Marriage Cerificate for Spouse).

    Be Patient, i do fee that all whose pd is before jan 2005 EB2 India will get their GC.
    Hang on there, you will get it, more than likely by EOD today.




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  • fromnaija
    07-18 06:54 PM
    I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.

    Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
    Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.


    Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

    So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?



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  • fromnaija
    07-20 04:43 PM
    If your friend maintains H status, she could bring her baby back on H4 visa.

    Same question. My friend is pregnant and wants to deliver the baby in India. They have filed for AoS now. Howevr they are not sure how to bring ther baby in if they deliver in India.




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  • immi_seeker
    10-02 10:10 AM
    you could try getting a letter from university that you had completed all the requirements for your degree in 2000 but your degree was formally awarded in 2002



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  • aspiration
    06-17 11:26 AM
    Don't think that your call doesn't matter.. They do take the number of person called for the same issue and this is the response i got from CHC Dennis Cardoza's office...

    Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....

    And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...

    So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.




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  • nozerd
    12-04 07:32 AM
    Yeah, Id sure be interested in your line of work

    $ 92/hr * 40 hrs/wk * 52 wks/yr = $ 191,360.

    If you have been working since 5 yrs thats enoughh revenue to get investment based GC :)

    Best of luck



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  • anilsal
    12-26 11:08 PM
    Will become 3 nights in a row for you folks. But you are welcome to attend the next IL state chapter concall.
    http://immigrationvoice.org/forum/showthread.php?t=2708




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  • ibbu_arif
    11-17 01:12 PM
    All,

    Any help in answering my queries is appreciated.

    Thanks



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  • DesiGuy
    08-17 10:01 AM
    hi guys,

    my first post at IV.

    I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.

    So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)

    Here's another forum which i used and is VERY useful if anyone wants to move.

    http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80

    From my OWN experience:

    The PROS

    - Simple straight forward process :)
    - definate timeline on residence permit/permanent residency/citizenship
    - spouse gets same level of rights i.e.wife can work & study with any probs
    - family eligible for NHS (even if u dont have a job)
    - 1 month leave is standard; worst employers give only 4 weeks :p
    - kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
    - trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
    - excellent public transport system
    - India is only 8 hrs flight and timezone difference only 5 hrs.
    - get to watch and 'play' cricket
    - my british friends love "curry" and eat more 'spicier' then mine
    - having a pint during lunch is 'normal'

    The CONS:
    - VERY expensive place; u make and u spend, have fun but not much savings
    - JOB market is LOUSY - not easy to get a job
    - Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
    - smaller houses, cars, roads, etc
    - no real burgers or tacos
    - after some time u start missing USA

    Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)

    Cheers




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  • purgan
    10-04 01:31 AM
    There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.



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  • canmt
    10-19 01:25 PM
    The guideline issued by the Director of USCIS to field officers to interpret AC 21 does not take into consideration the geographic location of the new employer.

    I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.

    This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.

    If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.

    I hope this helps and good luck on your green card chase.




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  • hpandey
    06-07 11:27 AM
    Thx a lot. I was so scared abt tht. I already have a job luckily my previous employer dind't cancel my H1 so used it and joined in a new firm

    But these people started sendin' mails and callin' me so was jst scared will i have to loose tht money for nuthin' as well movin' from PHX to NY coseted me almost like $15000 more over tension in findin' a new job i was totally screwed for the past 2 months...



    Thanks a lot again i will contact DOL @ the earliest


    Why are you writing as if you are writing a text message ? Are you writing from a computer or your phone ? I have a doubt about your authenticity. When did you come to US. Is this your first employer ? If you are not new you should be knowing the answers to all these questions ..




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  • mmk123
    01-19 08:17 PM
    Democrats seem to be loosing senate seat in MA. Message is clear - in this great recession, people don't want more taxes especially when they are happy with their current healthcare policies and their healthcare coverage don't change a dime for those extra taxes. Especially, when MA people are already paying for state universal healthcare. Why should WE pay for THEM?

    Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..




    jungalee43
    02-16 12:35 PM
    The most important issue related to Retrogression is the 'per country of birth' quota. The problem of retrogression would be much less severe if this quota is abolished as it was done I believe in AC21. Can anyone confirm about this provision in AC21?
    I have also noticed that in the immigration voice presentation though the problem of 'country quota' is very effectively highlighted, it is not included in the goals. Even the president's report mentions this quota as a problem. I would like to draw attention of the admin to this. Removal of this quota should be one of our primary goals. Of course recycling of lost numbers and not counting dependants against quota are important goals. Can admin include this in the goals slide? I am planning to take this presentation when I meet the local congressman who has so far responded to my correspondence very sympathetically.




    veni001
    02-03 07:32 PM
    Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.

    CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:



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