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jasmin45

07-23 08:11 PM

I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.

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mundada

07-11 12:19 PM

Called Sarah and mine is at 3 pm. She needs one more.

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jthomas

03-27 09:45 PM

May I ask, where did you get this (incorrect) info from? Do you know that one can file only I-485 that is linked to I-130 as well as I-140. Read I-485 form.


________________
Not a legal advice.

from the immigration officer. they have to combine both the cases and then have one process the green card. Normally spouse married to US citizen gets green card within 5 months. The green card interview happens approx 3 months after filing I130. If the case is okay the papers are kept in a green file and have to wait till the employment based I-140, I485 will be combined and then they would get their green card. If there is anything missing or any questions, it would delay fuurther. Secondly The A number remains the same in both the application.
The bad part, the candidate has to wait because he was in H1B for a long time.

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questions

06-09 11:15 AM

That's a lot of$ for me :)
Thank you for the advise.

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akred

04-16 12:05 AM

I am wondering if social science degrees would qualify as STEM. Some examples are -

MS in Psychology
MS in Administration and Criminal Justice
MA in History
MA in Political Science
MS in International Relations

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carbon

05-31 12:38 PM

How about contacting companies to give us contact numbers of their employees who's green card is in process, then we can contact them and inform them about IV !

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Anders �stberg

May 31st, 2004, 03:33 PM

This duck is crazy, or way too trusting... :D
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kris04

08-18 06:17 PM

:confused:Hi all,

I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.

As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

Any suggestions etc please provide.


Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

Thanks,

Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.

Good Luck

HTH

kris

My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)

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sbabunle

11-17 09:26 AM

Way to Go India!!!!
Jai Hinddd!!!!

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kart2007

11-18 07:55 PM

its down, so .. so what? how does it matter?

Did you even read my first post?

No one would like their documents delivered to a wrong address, sent back and lost in mail etc?

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nosightofgc

07-14 07:01 AM

I apologize for hijacking this thread. I could not find a way to create a new thread. I subscribed for monthly contributions almost 5 days back and still don't have access to Donor's forum. Emailed the admins, still no response. Can the admins take a look at this one please?

And also how do I create a new thread? I did this some time back, but could not find it where to start.

Thanks

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Almond

07-17 07:22 PM

Below is a rough checklist I prepared for myself:

1. Six Photographs with name on back in pencil. YES

2. Copy of Birth Certificate with affidavits from Parents. YES

3. Checks for Filing fees. YES

4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES

5. Color Copies of passports. YES

6. Copy of I-94 both sides. YES

7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES

8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES

9. Medical examination Report. YES

11. Letter of Employment. YES

12. Copy of EAD and EAD application receipt. YES

13. Bank statement. YES


you need a bank statement!? what for :confused: I will pass out if it turns out I needed to send that in with my application, honest to God.

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cucubau

10-17 01:51 PM

A co-worker and I applied together at exactly the same time.
We got approvals for LC and I-140 within weeks of each other.
Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:

This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?

Thanks!

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karthikgk

10-19 02:11 PM

Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

Best,

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sam_hoosier

11-28 02:37 PM

I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates

Just wondering if some one else in the same boat not receiving emails.
I have given my hotmail email ID, if that matters ?

Any Idea ...

Did you check your junk folder ?

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bp333

11-04 12:49 PM

Remind me again, why do we pay these attorney big dollars for??
This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.

Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.

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pappu

05-31 08:27 AM

How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
http://immigrationvoice.org/forum/showthread.php?t=694&page=3

has some ideas all members can implement

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s416504

02-24 03:05 PM

I think best thing to apply your GC as soon as possible. You are running out of time if you need to move to Employer B. For GC, you don't have to join B. If A can apply EB1 then very good but make sure it's big company. My EB1 denied because small orgnisation & then I applied my EB3 thru diff employer.

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ganguteli

03-04 05:43 PM

Is there anything i can do on H4 visa??

You can volunteer your time for IV and help .

You can also expand your family . Do not wait and put your life on hold due to your visa status.

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hur11

01-22 08:48 PM

Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.

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abracadabra

05-30 03:17 PM

yes, put in u'r receipt # here, it usually takes 24 hrs for online status to show up
https://egov.uscis.gov/cris/caseStatusSearch.do

Thanks for the information. Did you mail the EAD and AP packet without the confirmation reciept notice.

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