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  • GCBy3000
    07-25 05:25 PM
    I got promoted to managerial position and I got depromoted back during my H1 extn time when the company attorney noticed the change in my title. He politiely conferenced me and HR and said it is not acceptable as my GC is pending unless otherwise my company is willing to put me back in the LC position during my AOS filing. My duties change d as my title change, but I was still doing 50% of what was explained in the LC. Again there was no other pun intended reason for my demotion to make it clear. Each attorney is different, but it scews the candidates since the company HR listens to them as they are liable for it.

    Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.

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  • sandy_anand
    01-24 10:06 AM
    Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
    EB1 as you say received 41026.
    Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.

    This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.

    Thanks! I stand corrected.

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  • WillIBLucky
    11-17 11:54 AM
    Yes, 2007 will be the best chance we would have. After that its all political stunt as we saw this year before elections.

    I sincerely hope I am wrong in this assumption.

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  • suratvoice
    12-17 10:56 PM
    Identify what is the job code in your LC and try to compare the new job duties in the similar category. If you happen to fall within the same group then you are fine. like within 15.****

    Try to identify the job code of ur new job, then you will be able to compare.

    Hire an attorney before taking any major descisions.

    I looked it up and my current job is

    And I did a search for software program manager and software project manager. These bring up the same job codes.

    What does that say????

    Does this mean that its ok to change jobs?


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  • Pineapple
    03-06 03:23 PM
    I just faxed the letter from USCIS asking for $ 5000. (I had received it yesterday)

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  • chunky
    07-27 09:45 AM
    But the questions is will her 485 application abandoned if she applied for H4 in consulate.
    I heard 485 is abandoned if you change status and come to US without AP.


    she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.

    The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.

    If the case had been different, she was applying for H1 then she would have needed an approved petition first.


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  • singhsa3
    07-12 09:18 AM
    Thats not the fact! and could be easily argued against.
    "We continue to pay for Your Social Security
    But the presidency gives illegals over legals more priority"

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  • TheColonial
    04-24 12:18 AM
    Search SDL its a nice way to learn graphics and moving imges and such.

    Whoa! The guy says he wants to learn Win32 and you point him at SDL? Interesting! :)

    Everything that you want to do can be achieved without touching DirectX or OpenGL (and hence SDL), and using them will only confuse you if you're looking to learn to write Windows code.

    I'd recommend attempting your problem using nothing but Win32 and the core C++ functionality - IMHO, you should avoid muddying the waters with other APIs.

    Just my $0.02.


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  • morchu
    07-26 04:36 AM
    Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.

    Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.

    In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).

    As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.

    There is always ways out (AC21, newGC process but same priority date etc.)
    And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.

    If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.

    Well the above is my personal opinion. Ultimately it is your choice.


    My question is:
    My I-485 is pending for more than 180 days and I have I-140 approval as well.
    I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.

    If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
    �Do I need to send AC 21 first before opting by the New Employer?
    Thank you.

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  • sanju_dba
    09-29 01:47 PM
    While leaving India is there any place we can declare saying this gold we are taking out of india.
    This way when we enter back in india , we can show evidence that the gold was purchased in india itself and no hassels from customs.


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  • raydon
    05-12 11:16 PM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?

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  • lacrossegc
    12-21 01:20 PM
    Its in the Visa Bulletin itself

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
    preferences, not more than 10,000 of which to "Other Workers".

    Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

    Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.


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  • buehler
    07-06 10:03 AM
    I thought that Kaiser was only for Western States. Is it there for other places also?

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  • pkv
    04-13 05:35 PM
    For a medical REF how many days do we have to reply?


    Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.


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  • Kalloo dada
    04-27 11:13 AM
    This is the hoax and seems like an attempt to discredit India Law system. Please close the thread. We should not be party to such attempts. I get tons of emails like that including the one which talks about getting 10 million of lottery prize money. If I start believeing them then god save me....Please close this immediately.:mad:

    It happens to my friend in New Delhi.
    stop defending indian law system. we all are indians and know everything.

    FYI--someone in india got clean chit after killing and raping childrens.

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  • rvendra
    05-25 01:55 PM
    My case transferred to USCIS local office and below is the case status:
    EB 2 Dec 15 2003 - No updates so far
    This case has been sent to another office for processing and on September 18, 2009 we sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.


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  • go_guy123
    09-10 03:36 PM
    If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show

    Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.

    Doctors, Lawyers etc fall into Job Zone 5 (EB2)

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  • ngopalak
    07-05 12:59 PM
    i think you are right. 100 M is a LOT of money to forsake for an agency like USCIS.

    That I think is the reason they had to stop people from applyng before Julyy27th

    If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.

    200K apps (potential applicants in July) times $500 increase.


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  • ameryki
    01-02 04:10 PM
    You can use your h1b to work after returning to US on AP.

    I believe that H1 is valid as long as you are with the same employer but once you switch employers thats a no deal.

    08-10 12:16 PM
    yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
    For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)

    Thank you my_gc_wait.

    Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

    Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.

    07-17 03:50 PM
    Actually it is the G28 form that you sign to give authorization for your lawyer to represent you. It is valid just the one time when they file the forms and not considered as for your life of your form/application.

    This means, that in future all the corresponsence related to the form in case of I-485 will be forwarded to you aswell as your lawer/company immigration dept by USCIS. For example, if USCIS sends a FP notice, that both of you guys (You and Company lawer) will receive the copy.



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