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  • gc_discussion
    02-27 10:15 PM
    Now working on H1b, 8th year
    PD: Oct 2005
    I 140: approved
    I 485: pending
    AP, EAD: approved

    I want to change job to another employer.Can the new employer file an H1b for me based on my approved I 140. I prefer to be on H1b as traveling is easier and don't have to wait for the EAD, AP each year and the uncertainities invloved.

    I would appreciate replies.

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  • a_tyagi26
    02-02 12:08 PM
    1. Im an MBBS, PhD
    2. I obtained PhD in the United States in Biomedical Science
    3. I have four first author paper and 9 co-author papers. I have 2 more co-author manuscripts in preparation. I have 50 citations for my papers.
    4. I have done couple oral presentation and 7 poster presentations at national and international conferences.
    5. I am currently working as a Research Associate (job title) for University.
    6. I have reviewed 2 articles for a journal.
    7. I have received one pre doctoral fellowship award from American Heart Association. Recently got young investigator award from University.
    8. I have membership of five professional memberships.
    9. I have 8 good letters of recommendation from three countries.
    10. My area of research is translational and it is being highly promoted by NIH. This is very high impact area in cardiovascular medicine.
    11. Currently in process to apply grant to pharma industry of nearly 100K. I have very good chance of getting this grant.

    Already applied for EB2 NIW. My university is ready to apply for me under EB1-B (outstanding researcher). What are my chances of getting approval under EB1-b with above qualifications? If possible please suggest bests ways I can present my application to USCIS. I would really appreciate your response. Thanks.

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  • kpraveenn
    01-28 01:57 PM
    Lakshmi, Thank you for providing the link.

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  • elusive
    07-08 11:24 AM
    I have couple of questions regarding timeperiod for which I can stay outside US while my I-485 is pending . I had to undergo a re-do surgery of my back in India and was adviced complete bed rest till it heals due to which I am outside US since Jan ending till date

    1) Will it effect my GC application as some say its not good to stay more than 180 days outside US continously.

    2) I am on H1 status will it be a issue at POE to have gone for this long

    3) What docs should I be carrying to awnser questions at POE.Is client letter mandatory or continued employment letter and I797 good

    Kindly let me know your advice in this case


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  • SVS
    09-09 05:22 PM

    1. I do not know.
    2. Once your approval comes through, it will just be a regular H1-B transfer, so you should be able to carry the remaining of the 3 years on the H1-B.
    3. As far as I know, your GC petition will not go with you and you'll have to start all over again. I believe, when you file your I-485 with EAD and it has been over 180 days, then you have your EAD and you can change your employer using AC21.

    I am on my first H1 (3rd year) and filed for an extension recently. I received my notice a few days back.

    Good luck,
    PD: Dec 2007
    I-140: Aug 2008

    As always, do check with an attorney!

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  • rajkumar_engg
    03-12 02:27 PM

    My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....

    "Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."

    I have requested my company lawyers on the specifics...

    Is it even possible to get an RFE by mistake? - (may be - yes)

    have you seen any such instances?



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  • vishwak
    08-18 08:24 AM
    We still in negotiation. not come to a stage where EAD has been asked for. i am wondering what else could they ask for other than EAD like do they need to provide any proof that they will sponsor my green card or do i need to file AC21 in advance.

    It all depends on Company. Most of the companies they just see EAD and take you.
    If that company has dedicated IMM people and IMM knowledge they might ask you for more information and they just want to make sure they don't need to support you when needed.
    You know it all depends and varies form company to company.

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  • roseball
    02-21 11:39 PM
    I know that PERM labor gets expired if one does not file I-140 within 180 days of labor's approval date.
    I am wondering if DOL has any procedure to revive expired approved/unused PERM by filing some sort of request/appeal or by paying some sort of fees etc. or if not ,then one files a new PERM by referring the old unused approved labor for the same job and same person then DOL can give an expedited approval.

    Short answer is NO.

    You have to file a new PERM and it will be processed in the existing processing times unless its a special handling case (University profs, etc) which currently is taking around 4 months to get a PERM approval.


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  • PDOCT05
    10-16 01:16 PM
    How old is he? Are you sure you filled out every item?

    He is 3 years old and we verified every also verified.

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  • cessua
    06-14 02:51 PM
    Close this thread


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  • iak220974
    12-28 01:30 AM
    I switched my job in first week of October this year and My new employer filed the H1B transfer petition on Sep 26 (USCIS Receipt date). It has been almost two months and USCIS online status still shows case received and pending, while California State Center processing dates shown Oct 15 which is 20 days after Sep 26.
    Is there anyone who has expereineced the same and want to share?
    I am bit concerned because my employer has started the GC process and will be ready to submit the PERM application in few weeks.
    Thanks in advance.

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  • PDOCT05
    10-17 09:34 AM


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  • milind70
    09-06 10:06 AM
    I had filed my I485 directly at TSC , the address which was listed on my I140 Receipt on June 25th as per the advise given by IO when i called the 800#

    Texas Service Center
    P.O Box 851488 Dept A
    Mesquite TX75185-1488

    I still haven't received a receipt and the checks has not been cashed . I would like to know if anyone else filed their application at the address listed above and have received a receipt notice ?:confused:

    This if u sent your packet by US postal mail . Fedex and other courier dont deliver to PO boxes . There is another street address for other courier.

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  • goel_ar
    04-28 08:34 PM
    Hi Buddy,

    look at this thread. I went through same situation.
    Hope this helps.


    I am on H1 and 3 months back i came to US.After one month i applied for SSN,but still didnt get that.
    when i went to SS office for enquiry 1 week back, they told me that my immigration verification was not done yet. so i had to wait.
    can anyone help me with this.
    how many days will it took to complete the process??
    is there any other way around........
    please answer me ASAP.


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  • chintu123
    12-21 02:04 PM
    Hi ,

    Here is my scenario

    H4 visa----oct-2007 to sept-2010
    Entered US---oct--2008 on h4
    Filed for h1---april 2009
    H1 approved---aug 2009

    Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.

    The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010(irrespective of me getting a project and he says i have to pay half of my taxes from my pocket that the employer would be entitled to pay and he will pay the rest and cut it from my payroll once i get a project).I am totally in a state of confusion and do not want to take any risk anymore regarding my status and from the employer(he is taking advantage of my situation).

    My questions are

    1. How safe is it to apply COS at this point
    2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run) worst case if the payroll is not run by him what would be the best course of action

    I would appreciate your response


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  • kerz
    01-12 11:25 AM
    Hi All,

    If the H-1B sponsor is non-profit organization do they still need to follow rules of privilege wage?

    Where can I find the information about the sponsorship process with non-profit?

    Thanks a lot!!!!!!!!!!!


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  • vbkris77
    02-11 04:36 PM
    CIS is bound by law to not accept early AOS applications. It depends on State published visa dates. So if we can work with State dept to have them publish the dates for Visa posts for CP as they do today (Which is faster) and add CIS processing delay to the Dates and publish second set of dates for AOS which always be atleast 2 years or more added to current dates published by State.

    This gives chance to people, who missed their chance to file in AOS in 2007 July. They can atleast get benefits of AC21 in this tough economy.

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  • BharatPremi
    08-24 03:40 PM

    If you are accessing that from work then probably you are prohibited to see that (Through proxy and/or firewall and/or websense). I can not see that either through IE or firefox from work and could see it well from home through both browsers.

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  • TomPlate
    01-03 03:36 PM
    Did you called them????

    05-22 04:50 AM
    The duck hunt is the best :D:D

    02-28 11:28 AM
    I had posted a similar question a few weeks back and here is the link to it. I followed leoindiano's advice and got my FP notice just y'day ...

    Hope this helps.


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