aadimanav
12-10 04:28 PM
Hi Everyone,
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
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BECsufferer
07-01 07:07 PM
Hi!
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
OBGyn is generally 4 yr residency and knid of competitive these days. And yes u have to clear Step 1 and 2 definitly.
Had u been from middle eastern country, Hurley Medical Center in Flint would have been easy to go program. And if you are from certain part of India ( I'll give Satyam as hint ;)) , Synergy in Saginaw, MI would have been #1 choice.
No offense to anyone, so lets keep peace. :cool:
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
OBGyn is generally 4 yr residency and knid of competitive these days. And yes u have to clear Step 1 and 2 definitly.
Had u been from middle eastern country, Hurley Medical Center in Flint would have been easy to go program. And if you are from certain part of India ( I'll give Satyam as hint ;)) , Synergy in Saginaw, MI would have been #1 choice.
No offense to anyone, so lets keep peace. :cool:
RajForGC
06-07 03:59 PM
Are they gonna talk or vote again on Immigrtaion today?
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bbenhill
12-02 08:33 PM
Your stay status will be Parolee but your work status will be H1 so YES, you will be fine even if you used AP for re-entry.
PS : I am not a lawyer but I entered using AP and have H1 as my working permit.
Even if I used AP for re-entry to US?
PS : I am not a lawyer but I entered using AP and have H1 as my working permit.
Even if I used AP for re-entry to US?
more...
shreekhand
08-28 04:42 PM
Actually it completely depends on the attorney. I know a couple of people in my company who changed employers and used the old attorney to file AC21 papers for them! and it is a big employer and a big attorney firm !
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
nosightofgc
04-05 09:59 AM
I am scheduled to close my refinancing (changing from conventional to FHA). Quicken Loan processed my loan - of course their charges are a lot more than others. The point is, I did not face any objections so far due to EAD status. Of course they asked my EAD copy a few times. Hope this helps!
more...
richi121175
01-08 05:59 PM
One of my colleague did withdraw his PF in an exactly same situation (not in TCS though), and you can definitely file 10C and 19 directly with the PF office without involving your employer. PF administration is now much more efficient and strictly works on behalf of employees, not employers. Even if any PF amount is not deposited by the company, PF has started taking immidiate actions against them.
thanks for the response.
Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case
thanks for the response.
Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case
2010 Yes the upper back tattoo
smc
08-01 06:22 PM
This guy has a new immigration bill on the anvil; may be worth asking him what he has in store for EB immigrants.
SPECTER TO TOUR PENNSYLVANIA IN AUGUST
Will Hold Open House Town Meetings throughout the Commonwealth
Washington, D.C. - U.S. Senator Arlen Specter, the longest-serving senator from Pennsylvania, will visit all regions of Pennsylvania during the U.S. Senate�s August recess. His visits will include Open House Town Meetings in which constituents are invited to discuss issues important to the region, the state, and the nation. Senator Specter will address the audience briefly and devote the remainder of the hour to responding to residents� questions and concerns.
Members of the media are invited to attend the events listed below, including the open house town meetings. Following the events, Senator Specter will be available to field questions from the media on a variety of topics.
Below is list of the Senator�s public August events:
DATE/TIME EVENT/LOCATION
Monday, Aug. 6
9:00 am Address the County Commissioners Association of Pennsylvania
York Expo Center, York
10:15 am Open House Town Meeting
Gettysburg College, Gettysburg
2:15 pm Open House Town Meeting
Wilson College, Chambersburg
5:55 pm Huntingdon County Fair
Fairgrounds Access Road, Huntingdon
Tuesday, Aug. 7
7:30 am Breakfast with Rotary, Kiwanis, and Chamber of Commerce
Lewistown Community Center, Lewistown
9:45 am Open House Town Meeting
Susquehanna University, Selingsgrove
1:30 pm Receive award from Geisinger Health Systems
Geisinger Medical Center, Danville
3:20 pm Open House Town Meeting
Lock Haven University, Lock Haven
Wednesday, Aug. 8
8:00 am Open House Town Meeting
Courtyard Family Restaurant, Smethport
10:30 am Open House Town Meeting
Antlers Inn, Gaines
1:30 pm Open House Town Meeting
FWM Volunteer Fire Company, Mehoopany
3:45 pm Open House Town Meeting
Wayne County Courthouse, Honesdale
Thursday, Aug. 9
8:30 am Open House Town Meeting
Monroe County Administration Bldg., Stroudsburg
10:30 am Open House Town Meeting
Forks Township Community Center, Easton
Monday, Aug. 13
11:15 am Open House Town Meeting
The Harmony Museum, Harmony
3:00 pm Open House Town Meeting
Thiel College, Greenville
Tuesday, Aug. 14
8:00 am Eggs and Issues with Manufacturers� Assoc. of NW PA
2171 W. 38th St., Erie
11:00 am Open House Town Meeting
U. of Pittsburgh � Titusville Campus, Titusville
3:20 pm Open House Town Meeting
New Bethlehem Fire Hall, New Bethlehem
Wednesday, Aug. 15
8:30 am Open House Town Meeting
Indiana University of Pennsylvania, Indiana
11:40 am Ag Progress Days
Rockspring
2:00 pm Open House Town Meeting
Devorris Downtown Center, Altoona
3:45 pm Open House Town Meeting
St. Francis University, Loretto
Thursday, Aug. 16
11:00 am Open House Town Meeting
Seton Hill University, Greensburg
2:15 pm Open House Town Meeting
California University, California
SPECTER TO TOUR PENNSYLVANIA IN AUGUST
Will Hold Open House Town Meetings throughout the Commonwealth
Washington, D.C. - U.S. Senator Arlen Specter, the longest-serving senator from Pennsylvania, will visit all regions of Pennsylvania during the U.S. Senate�s August recess. His visits will include Open House Town Meetings in which constituents are invited to discuss issues important to the region, the state, and the nation. Senator Specter will address the audience briefly and devote the remainder of the hour to responding to residents� questions and concerns.
Members of the media are invited to attend the events listed below, including the open house town meetings. Following the events, Senator Specter will be available to field questions from the media on a variety of topics.
Below is list of the Senator�s public August events:
DATE/TIME EVENT/LOCATION
Monday, Aug. 6
9:00 am Address the County Commissioners Association of Pennsylvania
York Expo Center, York
10:15 am Open House Town Meeting
Gettysburg College, Gettysburg
2:15 pm Open House Town Meeting
Wilson College, Chambersburg
5:55 pm Huntingdon County Fair
Fairgrounds Access Road, Huntingdon
Tuesday, Aug. 7
7:30 am Breakfast with Rotary, Kiwanis, and Chamber of Commerce
Lewistown Community Center, Lewistown
9:45 am Open House Town Meeting
Susquehanna University, Selingsgrove
1:30 pm Receive award from Geisinger Health Systems
Geisinger Medical Center, Danville
3:20 pm Open House Town Meeting
Lock Haven University, Lock Haven
Wednesday, Aug. 8
8:00 am Open House Town Meeting
Courtyard Family Restaurant, Smethport
10:30 am Open House Town Meeting
Antlers Inn, Gaines
1:30 pm Open House Town Meeting
FWM Volunteer Fire Company, Mehoopany
3:45 pm Open House Town Meeting
Wayne County Courthouse, Honesdale
Thursday, Aug. 9
8:30 am Open House Town Meeting
Monroe County Administration Bldg., Stroudsburg
10:30 am Open House Town Meeting
Forks Township Community Center, Easton
Monday, Aug. 13
11:15 am Open House Town Meeting
The Harmony Museum, Harmony
3:00 pm Open House Town Meeting
Thiel College, Greenville
Tuesday, Aug. 14
8:00 am Eggs and Issues with Manufacturers� Assoc. of NW PA
2171 W. 38th St., Erie
11:00 am Open House Town Meeting
U. of Pittsburgh � Titusville Campus, Titusville
3:20 pm Open House Town Meeting
New Bethlehem Fire Hall, New Bethlehem
Wednesday, Aug. 15
8:30 am Open House Town Meeting
Indiana University of Pennsylvania, Indiana
11:40 am Ag Progress Days
Rockspring
2:00 pm Open House Town Meeting
Devorris Downtown Center, Altoona
3:45 pm Open House Town Meeting
St. Francis University, Loretto
Thursday, Aug. 16
11:00 am Open House Town Meeting
Seton Hill University, Greensburg
2:15 pm Open House Town Meeting
California University, California
more...
KRS
01-20 02:18 PM
This was a surprise and nice one at that!! Hopefully future VB does the same :p
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nshantha
07-18 02:36 PM
Why you want to mad on him, What is there to become mad on him.
Sorry admin, I got mad at this guy.
Sorry admin, I got mad at this guy.
more...
amitk81
05-01 08:18 PM
Hi Guys,
Here is my situation:
- Labor & I 140 cleared: PD Jan 07 EB2
- Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.
- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
- Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.
- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?
Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.
Thanks
Amit
Here is my situation:
- Labor & I 140 cleared: PD Jan 07 EB2
- Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.
- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
- Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.
- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?
Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.
Thanks
Amit
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jjjun
10-02 02:26 PM
It is for pending 485. I do not have RFE now. Because i saw so many rfe issued by CIS. I left my previous company few month ago. The previous attorney can not represent me anymore. But he is willing to send me the rfe if he receive it. Do I still need to hire another attorney to represent me if there is rfe or i can do it by myself.
thansk.
thansk.
more...
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roseball
04-12 01:18 AM
Its not too late yet....You will get H1 extension beyond 6 yrs if you meet one of the below conditions:
-- labor certification is pending for 365 days ---(This is not applicable to you)
-- I-140 is approved -- (You have a chance with this option)
Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.
Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.
Good Luck..
-- labor certification is pending for 365 days ---(This is not applicable to you)
-- I-140 is approved -- (You have a chance with this option)
Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.
Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.
Good Luck..
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desi485
06-06 12:38 PM
Looks like everything in GM is on sale.
http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news
Saturn is sold for $100 to $200 mn.
Who knows GM may sell the retired brands for 1 or 2 mn.
http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand
Now the important question.
Did tatas overpay for jaguar and landrover ? Looks like they did.
Saturn has plants to produce cars, BUT NO TECHNOLOGY OF THEIR OWN. NO R&D.
Saturn sells rebranded-rebadged OPEL (GM - EUROPE, now sold to Magna) Vehicles.
While Jaguar and Land Rover are very strong brands with their own technologies and research & design capabilities. Besides Tata bought those brands when Rupee was historically high (below 40 per USD). So I don't think Tata made any mistakes.
I think it is Mahindra who is making mistake by not buying Hummer or Volvo or Saturn. I am very excited to see first Indian Vehicle to be sold in US i.e. Mahindra in 2009. No matter what, I will be the first to buy one.
http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news
Saturn is sold for $100 to $200 mn.
Who knows GM may sell the retired brands for 1 or 2 mn.
http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand
Now the important question.
Did tatas overpay for jaguar and landrover ? Looks like they did.
Saturn has plants to produce cars, BUT NO TECHNOLOGY OF THEIR OWN. NO R&D.
Saturn sells rebranded-rebadged OPEL (GM - EUROPE, now sold to Magna) Vehicles.
While Jaguar and Land Rover are very strong brands with their own technologies and research & design capabilities. Besides Tata bought those brands when Rupee was historically high (below 40 per USD). So I don't think Tata made any mistakes.
I think it is Mahindra who is making mistake by not buying Hummer or Volvo or Saturn. I am very excited to see first Indian Vehicle to be sold in US i.e. Mahindra in 2009. No matter what, I will be the first to buy one.
more...
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kshitijnt
12-02 06:07 PM
I am in US right now on H1B status, I've my wife on H4 status, I'll be leaving to renew my H1B again, but I heard that some people get their case under review for months, so I am planning to re-enter to US using my AP in case this happened to me.
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
Yes in that case your wife will be in AOS status. As long has she has a pending 485, this should not matter. Her status is always tied to your status.
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
Yes in that case your wife will be in AOS status. As long has she has a pending 485, this should not matter. Her status is always tied to your status.
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augustus
07-23 10:06 AM
sorry mine has not cleared I wrongly clicked. Please discard that vote. I apologize for this.
more...
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karthkc
03-18 01:37 PM
If I work on EAD for company XYZ then will I loose my H1B with company ABC?
Yes. Your H1B will be invalidated if you start work on EAD....
Yes. Your H1B will be invalidated if you start work on EAD....
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smiledentist
06-21 11:16 AM
anyone
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ebizash
02-06 11:50 AM
I was in the same boat last year when I was being promoted and was given 16% increase and a change of title. So my HR asked our immi attorney about any issues (my I-140 was already applied and pending at that time). My attorneys said that there is no issue for H1 as well as GC but they said that they have to file an amended H1-B petition for the promotion, change of title and pay hike.
I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.
I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.
I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.
I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.
overseas
08-23 07:14 PM
Hi Andhrawala,
I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.
In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.
As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.
I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)
I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.
In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.
As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.
I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)
nuke
07-29 11:39 AM
How do I start a new thread?
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