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copsmart
02-05 05:48 PM
This is my Attorney’s take on “same or similar job”:

Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.

I also asked him about Location and Salary requirements. This what he said…

Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.

So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.
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Jaime
09-14 11:55 AM
Guys, chanduv23 is ABSOLUTELY RIGHT!!! We stand to lose a lot if we don't stand up for our rights!!

It's easy to let others do the job for you. Does that sound familiar? Don't many of our employers use us on H1 visas that way? Taking advantage of the situation to get more for less or nothing??? ARE YOU GOING TO BEHAVE IN THE SAME MANNER, ESPECIALLY WITH YOUR FELLOW FRIENDS-IN-STRUGGLE, FELLOW IMMIGRANTS???

WAKE UP GUYS! If we keep saying that we need you it is because YOUR PRESENCE WILL MAKE A DIFFERENCE!

We look forward to helping anyone who needs any kind of assistance. Unless you had a business trip scheduled, or have a medical emergency. THERE IS NO REASON NOT TO ATTEND!!!
LOOK IN YOUR HEART, RIGHT NOW
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rvr_jcop
02-17 12:34 AM
Hi,

I have completed 6 years on my H1 and then got a 3 year extension as my 140 was approved when I applied for H1 renewal. This is all with my current company where I am working on H1 and they have applied for my GC also. I also have a valid EAD till 2010 which I am not using currently.

If I get a new job, can I transfer my H1 and still keep my GC process going on or do I have to switch to using EAD at the new job instead of H1 ?
Basically, am wondering if we can transfer H1 and that way have a backup just in case of any issues with EAD.

Thanks for your advice !

Yes, you can do that by invoking AC-21. You dont have to be on EAD to join another company. You are perfectly OK if they are willing to tranfer your H-1 from the old employer.
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greencardfever
09-09 11:16 PM
Hi,

I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.

I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.

If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?

If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?

Any response will be greatly appreciated.

Thank you.
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InTheMoment
06-27 01:09 PM
Giddu,

If the premium processing unit sent an e-mail that the petition was approved it does indeed mean it was approved.

Ignore the online status and expect the approval notice in the mail. No need need to panic.

This is from my own experience.


My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
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srt57
02-14 06:21 PM
In the RIR system EB2 was MS + 3 and BS+5.

If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole

It isn't a loophole. That's how the PERM Jobzone/SVP system works.
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bondgoli007
09-29 07:57 PM
Hi,

Don't fret about the PERM time lines. It can take anywhere from 1 month to more than 6 months (for Fragomen clients) for PERM approvals/denials. Mine was filed in May and I also had to reply to an audit.

In your case because your PERM was applied more than 365 days before your 6th year H1 expires, even if you PERM approval doesn't come until Jun 09, your employer can file for a 1 year extension.

Now, I am not very sure about this scenario in case of a PERM denial. Maybe someone else can comment on that one.

Thanks.
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lazycis
01-15 10:48 AM
Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.

Regards,

Ravi

It does not matter how you exited. You will need AP to re-enter and you will lose H1 status. I hope AP was approved before you left the US.
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trump_gc
01-08 01:26 PM
Its simple,,fill in form 10c and and form 19 and send it to HR. They should even help you get it direct deposit in to your local account in India. I got mine....it was pain-less. This was not with tcs,,,another company...
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ysnraju
12-05 11:01 PM
In my case I have only one LUD after fingerprinting and then on 30 Nov 2007
again LUD I485 Card production ordered.
same with my spouse also.

_______________________
LUDs on Current Status of I485:
30 Nov 2007 : Card production ordered .
02 Dec.2007 : Card production ordered .
04 Dec 2007 : Approval notice sent.

For Both Self and Spouse.

Labor Filing Date: 27 Feb 2004
Service Center: Nebraska
Category: EB2
Application Mailed: 04 Jun 2007
USCIS Received Date: 05 Jun 2007
USCIS Notice Date: 14 Jun 2007
Filing Type: non-concurrent
I-140 Processing: regular
I-140 Approval Date: March 02, 2007
Fingerprinting Date : 15 Aug 2007
RFE: no
EAD Approval Date: 08 Sep 2007
AP Approval Date: 13 Sep 2007
Nationality: India
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dba9ioracle
07-11 04:41 PM
Did you apply AP with your EAD ? is it a DUAL card (EAD and AP) ?

Just asking..I still did not get my EAD which was applied in july-2007 last year. I am planning to apply for AP renewal this month as I have apporved AP.
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kumar1305
01-20 01:31 PM
All those guys are gone. Were we late coming to the USA?
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dan19
08-22 03:23 PM
Hello EB2ToEB3

Do you remember whether your job requirement specifically asked for BS in CS or just BS in Engineering?

Thanks for your earlier reply.

Dan

I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.
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little_willy
09-15 11:49 PM
�Progress is impossible without change, and those who cannot change their minds cannot change anything.�
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jennyucf
07-19 03:47 PM
Who is the chapter chair in the Indy area? Can we get the contact information?

Thanks! :)
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gc_chahiye
08-14 06:18 PM
Hi,

Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.

Regards
ZooZee

yes EAD and AP can be filed even if your PD is not current. In fact unless the Sept 18th rally works, we'll all be filing EADs and APs every year for a LONG time waiting for our PD to become current,.
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dontcareanymore
08-04 03:36 PM
Someone gave me red for this post...i dont understant why???
Two words :
Trigger happy ....
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abhishek101
03-25 01:54 PM
Finally, someone who thinks long-term. That is why I had mentioned that we need to go beyond our immediate benefits and think longterm.

Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
I agree fully. If we get only one thing to say it should be getting the soft limit back. It is something that already exists in current immigration system and can be defended easily. Once we have got that as an amendment we should start pushing for other things.

I always believe in One step at a time and in picking your fights. We all would love to get everything right now but a wise thing would be choose the most important fight.

SO my Vote : Reinstate Soft Quota.
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rsharma
10-11 09:08 PM
I am in H1B and more than five years. My employer is a mid size
private Indian company. They start bringing more and more L1B
people and post them in client location. Their LCA is for 55K and they
are paid only 30K even though the billing is in three digit. All the
accomodation, per diem are paid by the client. We are into one of
the XXX product and there is no custom product from our company.

Whats the best way to deal with this guys. Whom should send I the
complaint about this. What they are doing is a complete violation
of law.

So please guide and share you experience.

P.S. If you dont have any information, please stay away. Do not
start the H1 vs L1, Anti-immis troll alert. Thanks for your
understanding. This has nothing to do with the L1 employees.

Dear Friend I totally agree with you. I was with one of these employers and have moved away from them. As suggested by some members you can report about these fraudulent activities to DOL. I know it is dufficult to leave these employers as they make the employees to sign bonds and try to capture all the money that they have acquired in PF etc back in the native country.

These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.

I know there are some members in this forum who will try to shout you down and make you quite.

But I feel if one believe in what is right then one should go ahead irrespective of what others think.
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GCwaitforever
05-22 04:01 AM
This is from the immigrationportal. To report fraud/abuse/Government-contractor waste, use link http://judiciary.house.gov/reportfraud.aspx

I wrote to Congrass saying that Exceed Corporation must be made accountable to process backlogged applications within agreed time frame and cost and requested an oversight hearing on processing of backlogged labor certifications. I also gave my forecast that they are going to miss the congress mandate of two years.

Please flood Congress with your concerns and expose Exceed Corporation.
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asanghi
07-17 06:44 PM
Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..

Yes Shawine, you are right. In fact irrespective of IV's belief that likes of Lou Dobbs' can be ignored, I believe that they actually do significant damage in terms of swaying Americans away from our cause. I think it is essential to counter their agenda.

In fact am currently trying to find out how to set up an H1B fact check database wiki. Does someone know how to set up a free wiki?
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