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  • Munna Bhai
    01-30 12:35 PM
    Munna Bhai:

    When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?


    That will taken care in-between both the lawyers, but it is your employer who should be ready to accept this. I have one of my colleague who just requested employer and he hired new attorney and got all his papers moved.

    So bottom line, employer should agree.

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  • grcjso
    12-27 12:00 AM
    Here is my story -
    - I came here in 1998 on F1
    - Transferred to H1-B in 2002
    - Filed for Labor Cert in 2005 (EB3) in Nevada
    - I-140 approved in 2008
    - I-485 pending for more then 180 days as of 2008
    - EAD valid through 7/10/2009
    - Got laid of in Feb 2009
    - I got a job as an associate, a consultancy firm on W2 basis on Nov 17th, 2009 in WA

    I have not done anything (i.e.informing the USCIS about job change etc.). I have the following questions.

    - what documentation is required to be submitted to the USCIS about the new job.
    - What kind of documentation is required from the employer vs myself
    - When/how soon has this documentation is to be submitted
    - When do i need to apply for my renewal of my EAD card
    - What documentation is required to be submitted for the EAD renewal from employer vs myself
    - Is it advisable to employ the services of an attorney if we run into issues.
    - I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.

    Any advice would be greatly appreciated.


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  • vxb2004
    10-03 07:03 PM
    As far as I know, I think you need an approved I-140 before you can use AC21.

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  • harshailan
    07-31 05:34 PM
    All the cases filed in feb 2007 and sent to nebraska are still pending including mine. Some cases filed in feb in texas center have been processed.

    Don't worry you need to wait atleast few more months for them to start looking at your application.

    check the processing times here


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  • ivjobs
    11-11 10:14 AM
    Such hard times are good times for becoming entrepreneurs who in turn provide more jobs for those who lost their livelihood

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  • Rockey
    02-29 01:37 PM
    Hello Gurus,
    I have a strange situation, request advice, suggestions and ideas from expertise...,

    My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
    Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.

    In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?

    or Do we have to say 'Yes' Mandatorily else will it create problems??

    Please show some light on this..



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  • lskreddy
    08-26 04:27 PM
    Let me know if you find anything Maya79. I need to know about this too.

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  • puddonhead
    08-17 04:40 PM

    I filed this week my N400 based on a 5 years rule;

    I am a freelance book writer and a web market engeneer;
    In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
    the trip lasted 5 months,

    I attached my taxes for the last 5 years to the application:
    will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?

    AM I in trouble when I show up for the interview? I am concerned

    pls advice

    thank you

    I dont think international travel should be a problem as long as you have spent more than half of your last 5 years in the US.

    I have heard (IANAL - so please double check) Unemployment benefit is an insurance claim. Your employer (and indirectly you, in the form of foregone salary) paid the premium for it while you were employed. It is technically not supposed to be a government dole. So technically, even that is not supposed to be a problem.

    Why dont you spend a few hundred dollars to get a consultation with a good immigration attorney? The potential impact if something goes wrong is way too much for you to rely on questionable advice from strangers in an internet forum.


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  • kirupa
    04-08 02:06 AM
    haha - that is really good ;) Adding it up in a few seconds!

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  • Blog Feeds
    01-12 07:40 AM
    AILA Leadership Has Just Posted the Following:

    Today the Immigration Policy Center ( of the American Immigration Council, ( along with the Center for American Progress ( a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!

    Raising The Floor For American Workers ( s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.

    More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.

    Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.

    More... (


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  • willgetgc2005
    04-30 10:53 PM

    How responsive are they to our concerns. Are they accessible ?

    Others, any experience, please share. If you are more comfortable send a PM.

    I want to make the right decision. Thank You.

    Hi there,

    yes myself and couple of my friends went thru Mr Gotcher lawfirm. Strongly recommended, very experienced, specially handling tough cases.

    Bit expensive though,

    good luck.

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  • Dhundhun
    07-21 09:32 PM
    A quick question for all you experts out there

    My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.

    Use of EAD to get SSN is OK. Don't use EAD for work.


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  • kevnss
    04-01 12:36 PM
    Any help would be greately appreciated.

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  • upuaut
    10-04 01:36 AM

    ... I love energy patterns..


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  • Roger Binny
    02-09 03:55 AM
    Sorry to hear the situation.

    As you know if you can find another job based on H1 then no problem in porting your H1 to a new employer,now being in feb april is 50 days away so hope for best.

    In this situation, yes, legal advice is preferred, relying info on the forums is never a right idea when it comes to a situation where stakes are high.

    If there is any option of changing to H4 now and switching back to H1 later and pick the GC process where it was left before then that would be an ideal scenario, only an experienced attorney can answer this, hence the legal advice option.

    Compared to H4, over stay may cause more trouble for now and later in AOS.

    PS: My 2 cents and i'm not an attorney.

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  • thakkarbhav
    02-08 09:43 AM
    Yes. Perm Resi Card is your green card. You need H1B OR EAD OR GC/Citizenship to work.

    Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.

    GC is like super user so you can work for any employer in the USA.

    I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.


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  • npk1255
    10-04 10:55 AM
    I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.



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  • same_old_guy
    03-19 05:39 PM
    If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.

    Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.

    Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.

    If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.

    If you are here more that 180 days, you are in serious trouble.

    In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.

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  • desibechara
    07-20 03:42 PM

    PD labor certfied online on June28 2007

    I have been waiting for the hard my Hr called Dol and asked whether they have mailed. The Dol officer sent the Cover letter by email (first page of whole approved package) to company HR showing the certification . She also told HR that cover letter was enough for I140 filing.

    Is it true? Please let me know.


    05-01 07:18 AM
    What do you mean by filing ?
    Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
    You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
    Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
    Again you may change job again before 485 stage hit.

    06-29 01:18 PM
    This is so SAD!!!