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  • ameryki
    07-05 11:37 PM

    My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:

    1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?

    let your HR know you are switching and they will have you fill in a new form for their files

    2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B it legitimate?


    3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?

    EAD and AP are 2 separate things and neither affect each other. They are both based on a pending 485 application and that's about all that is common with those 2 filings.


    Hope this info helps.

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  • IneedAllGreen
    03-02 08:31 AM
    Yes for H1B you are entitled to get Return ticket back to your home country if you are being laid off or fired. Last year my earlier employer offer me return ticket to home contry. They specified that we are offering as per the clause or law of H1B visa. Offcourse I didnt accept it but you cant get money for not accepting this return ticket offer.

    Hope this help

    I would return home to Canada. I am not sure of the immigration policies in India :)

    Could you point me to chapter and verse from some official DOL or USCIS website?


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  • eb3India
    08-22 09:38 AM
    I have been following IV ever since itz inception and I really appreciate all the efforts by volunters.

    However, I feel we have up-hill battle in this current political and economical situation and we need to re-think about startergies and solving current retrogession.

    I just want initiate brainstorm, I am not sure if these ideas are discussed before,

    Having seen how CIR bill is killed in House, I am very doubtfull about SKILL bill getting passed in house.

    getting any pro-immigration (legal/illegal) is a long processes, so can we need to focus on what we can do to reduce the retrogression within current legal framework

    lobby senators to enforce USICS on following

    - Reduce time taken for Security Checks
    - Try to consider 245i cases in a different catagory than EB3
    - Try recapture unused visa numbers from 2003-04-05
    - issue EAD/AP for three years
    - remvoe per country quota
    - allow to apply for I485 if I140 is approved, ( I know this is controvesial but we can try)

    These simple things could reduce retrogression if not completly resolved

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  • ya3
    04-09 07:06 AM
    ROFL! LOVE the IE+ads stamps :thumb::D
    FF and TB one's look slick, too ;)


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  • GTGC
    05-05 03:49 PM
    Dano and Sledge_hammer,

    I am also looking for attorneys in the DC metro area to help me with AC-21 questions/process. I was looking at the obvious choices Rajiv Khanna and Murthy - but if you have any other suggestions it would be helpful.


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  • tnite
    01-03 10:31 AM
    I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?


    Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

    But if you use your EAD it doesnt matter. You dont have to worry about the 3months.


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  • sushilup
    10-23 08:35 AM
    Hello Guys,

    I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..

    My application reached to texas..they transfered to issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..

    thank you

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  • kevnss
    04-01 02:01 PM
    If you have to use EB2, you have to interfile your application to EB2 after the EB2 I140 gets approved. Until then, your category is EB3. If you change the employer now, you would be using the AC21 for the EB3.

    If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.

    The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.

    So that means I can switch based on EB3 and AC21.


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    10-09 09:04 AM
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  • GCDeramzz
    06-21 10:34 PM
    when you are applying for I140 - You may get RFE due to the fact that your education is not matching (equivalent to) 4 years. So it is better to show the education as 4 years ie..if you have some other degrees/diplomas along with your 3 years degree. this has to be mentioned in box#15.

    Hope I am clear.

    I have acquired the above IQ from forums :-)


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  • gconmymind
    09-19 12:25 PM
    Anytime your place of work changes on H1, your company should file an amendment to the H1B labor certification stating your new place of work.

    Hopefully, the officer at the consulate wont ask and you wont have a problem.

    Personally, I have my client's location as well as my company's location on my H1 LCA.

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  • GCDream
    07-08 08:20 AM
    Priority Date: Jan 2006
    Category: EB3
    I-140 Approved: Aug 2006
    I-485 Filled: July 2007

    I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.

    Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?


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  • abhi_jais
    01-09 02:31 PM
    Dear All,

    I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?

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  • chanduv23
    09-13 08:08 AM
    whatever I did here on this video - I want to dedicate it to my wife. She is doing her 2nd year residency and is carrying (5th month) - and has been putting up with me when I could not give her 100% attention.

    My dear friends

    - it is the duty of every immigrant to stand up and respect the nation.

    - yes, 300K applications reached in July - everyone wants to be here, and it will make a big difference if you all show your faces aty the rally.

    Volunteers at Immigration Voice have been working 24/7 with strategy and planning - everything for us only.

    We all come from different backgrounds, highly skilled, work hard and have a illustrious career, at the same time, we must also not forget that we can all stand up together, yes - we can do it.

    Lets all March on September 18th at Washington DC and show all the anti immigrants and hate spreaders like Lou Dobbs, Ron Hira etc.. their dirty tricks won't work anymore.

    Lets all cooperate - this is the time - JUST ONE DAY AT WASHINGTON DC.



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  • aroranuj
    04-09 04:16 PM
    Can anyone whose I-140 has been denied the 1st time shed some light on their experience too?


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  • vinaykadiyam
    01-01 09:13 PM
    Thanks for the information.

    My port of entry is Chicago. I heard that Chicago port of entry also like newyark. means they will ask so many questions. Is it true?



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  • apahilaj
    09-12 02:08 PM
    What does this mean?
    On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Does it mean that they mailed the letter that it is approved or did they mail the card?

    If your current status says approval notice sent that means your EAD card is on it's way. Wait for approx a week to receive it in your mailbox.

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  • anoop4real
    11-23 02:13 AM

    My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.


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  • smccrea
    03-01 03:04 PM
    Is an employee who resigns entitled to relocation expenses like the employee who is laid off?

    05-06 02:18 PM
    Yes, You are eligible for In-state tuition. You may have to meet the domicle requirements of the state of Georgia though.

    06-20 03:29 PM
    Can someone share a sample or a template for the affidavits from former colleagues / managers, in cases where employer experience letter in specified format is not obtainable?

    Thanks in advance!

    Here it is. I used this format for my I-140. Got approved without RFE. It was on plain white paper without any letter head or such.


    To Whomsoever It May Concern

    This letter is to certify that Mr.XXXXXX worked as a < Job title> from < date> to <Data> at <Company Name> Located at < Address >

    I worked as Programmer Analyst at <Name of the Company> , <Address > from (Start date of Employment- Month/Year) to (Last date of employment, Month/Year). As a co-worker of Mr. XXXXX, I have knowledge regarding XXXXX's job duties, dates of employment and hours of work.

    YYYY Company is in the business of providing software consulting services.

    XXXXXX's duties included design, develop and administer Oracle databases, perform backup and recovery procedures. Design, develop and test custom applications using Oracle Pl/SQL

    Mr. XXXXXX worked for 40 Hours per week.

    Please feel free to contact us if you require any further information.



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