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  • garfield_x
    03-05 03:23 AM
    Hi,

    I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?

    Thanks for any inputs/thoughts.





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  • sukhmeet
    05-14 08:37 PM
    Thanks Ruben and others,

    Yes the salary requirement is ok since i have greater than 60k anyway, what are other requirements as in our company 50% people are on h1b. Is having 50% as h1b with less than 20 employees is a problem now a days from extension point of view.

    Thanks again for your reply.





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  • texcan
    02-16 11:11 AM
    hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.

    so you are safe.

    But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.

    AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.

    My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
    After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...

    Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....

    I say go for the advancement in career, you are not doing anything wrong.
    My 2 cents.





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  • confu
    12-04 02:25 PM
    Noticed this article today. Thought some of us would love to roll your eyes over it.

    http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms



    :):):)



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  • BharatPremi
    12-05 03:25 PM
    http://www..com/discuss/485eb/63774255/





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  • Ann Ruben
    05-27 05:33 PM
    The EB-2 NIW category, like the EB-1 extraordinary ability category, has the advantage of not requiring employer sponsorship---both can be "self-petitions". Depending on the particular facts, it is sometimes easier to qualify for the EB-2 NIW category. It is also possible to file separate I-140 petitions in two or more categories at the same time to increase the liklihood of success.



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  • eb3retro
    03-05 09:15 AM
    Hi,

    I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?

    Thanks for any inputs/thoughts.

    no offense garfield, many of us here hate to give any suggestions/advice, if we see an empty profile. why dont you update your profile first. time and again many of us have asked many people who come up with a new thread first post asking advice for their individual situation, i would urge everyone here to stop advicing/suggesting anyone who does not have their profile complete. If this is what it takes to complete their profile, my vote is to enforce this.





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  • rsayed
    04-26 06:50 PM
    Be careful with what you post on this thread.

    Assume that all such threads that have lawmakers name in title may be read by someone in their staff so BE VERY CAREFUL in posting stuff that is a comment on any lawmaker.

    Restrain would be a good idea.

    I agree...



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  • chanduv23
    03-20 03:43 PM
    How many of you support this idea ?

    Rally in DC in the morning and Fasting till 5PM in front of the capitol.

    Why are we talking about rally all of a sudden?





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  • pady
    06-18 07:17 PM
    No, I don't have any agreement with my employer. The only noncompete is between my employer and the vendor. The client is happy to work through different vendor.



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  • itsmesabby
    10-13 10:09 AM
    I was asked the following questions:

    1. Which client I am currently working at and what is my role there.
    2. What is my education background.
    3. Paystubs and W2's
    4. How long have worked for my employer

    Just get your papers in order and be confident. Being confident really helps.





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  • ab_tak_chappan
    08-12 10:18 PM
    Celebration should not need a reason :)
    Thought this might help when the mood is gloomy, folks are tense n stressed out, checking visa bulletin every minute :D
    hurrah!....
    ..
    ...
    ...

    wait a min..success of what??



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  • neelu
    09-16 12:26 AM
    Thank you, Roseball.

    I will take an Infopass appointment as well. Do you think it is better to take the appointment in October when my date is current (going by the RIR PD)?

    By the way, I only have a photocopy of my approved I-140 notices (according to company attorney, it is owned by the company). Hope that suffices.

    Also, does the IO have the power to update my case? I thought they only give out information (if in the mood that is :)).


    You can also try and get an InfoPass appointment at the local USCIS office and check with an IO during the appointment what PD is assigned to your pending I-485. If its not the old RIR PD which is current, then you can hand them over a copy of your old I-140 approval notice and ask them to link it to your pending I-485. I would advise you to take an InfoPass and verify this information yourself.





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  • akkakarla
    09-06 07:04 PM
    Guys, this is another great reason of why to change your mind and ATTEND THE RALLY! Let's force CNN to put us on their screens and laugh in Lou Dobbs' face! We can at least reply to his lies in a forceful yet peaceful and educated way (something he isn't!)

    One thing I don't understand is how come this guy used the words bastard, communist china(all the time),cheap labor for computer programmers and he is so full of himself. Why does he have problem if US borrows flights from russia to transport vehicle?

    Guess this guy needs serious help and be instutionalized for a very long time.



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  • Desi Unlucky
    07-02 07:25 AM
    I have recently spent 2 weeks in Chennai and my overall taxi experience has been very good being non Tamil speaking. All Taxis charge more when the starting point is Airport. That is inevitable. If it is just to drop them at the nearest hotel, ask them to approach the Govt Prepaid Taxi booth.

    Govt's is cheaper compared to the private Taxis. Ofcourse the Govt only has Ambassadors as the Taxis. Do not expect the Taxis to be neat and clean like here. Expect broken handles.....There are 3 other private Taxi booths, of the private taxis Fasttrack seemed a little lesser compared to others, almost all private taxi rates are closer.

    If they need the Taxi from hotel check out Fasttrack website and get teh phone no for Chennai. They have been pretty good an picking me on time, but make sure you reserve it well in advance (4-5 hrs). Whenever I called in the last minute, they were not on time.

    I did stay at a hotel far from Airport - clsoer to work. So might not be useful to u.





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  • indianabacklog
    10-12 11:15 AM
    Live in Carmel. Have been locked in this process for almost nine years.

    Is there an active state group?

    If so please send me a PM.



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  • crzyBanker
    08-24 06:03 PM
    Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.





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  • sparky_jones
    05-07 08:28 PM
    My brother moved jobs early last year. He filed AC21 and got an RFE immediately.
    The move was parallel in job function and the pay was good.

    They replied to the RFE and then never heard back. In these economic times, USCIS
    is scrutinizing every doc that gets filed.

    Just an experience....

    What did they ask for in the RFE?





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  • GCard_Dream
    12-01 11:13 AM
    I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)


    The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.





    bbenhill
    12-02 07:42 PM
    I guess the story was not clear :-)

    the answer is your wife's h4 will be fine since you have ur H1.

    Thx


    I am not sure why it's so hard to understand what I want :)

    1- My wife's h4 visa will expire after 4 years
    2- I already have my h1b extension
    3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP


    Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?





    DSLStart
    10-02 09:22 AM
    If he'll be receiving his paystubs for each pay period for next three months, he should still be in status.

    Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.