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Everything posted by care_candidate

  1. care_candidate

    Downgrade to EB3 or stay in EB2?

    I had similar situation except I changed jobs to move to EB-2. To answer your question, yes I-140 can be done in premium with extra cost - I think $1,000 more. A few months ago they stopped accepting all premium applications, not sure if they started back yet. And no, you cannot use same PERM - it is start from scratch (You know what I mean). Here is my insight. I don't think there is need to downgrade. The main reasons are that first, both category are not much away from each other. Date of filings are 7 month apart with EB-3 leading and Date final action are 1 month apart with EB-2 leading. Second, suppose you were in EB-3 at this point, you could only apply I-485 but nothing will take place until "Date of final action" chart becomes current for you. And the fact that DOFA chart is still ahead for EB-2, you are in not a bad situation. On the down side of staying with EB-2, if you were in EB-3 at this point, after applying I-485 in 180 days, you could get EAD and become free to change employer under AC portability. However, if you try to downgrade to EB-3, you are going to lose about 15 month guaranteed - see second paragraph. If during that time, retrogression happens (Happened 2 months ago and came back), you lose lot more. Be advised that when retrogression happens, EB-3 suffers more than EB-2. You also need to consider that in 2 years, there could be new administration that will upend many things current administration has done. Also there is lot of cost involved to do that downgrade and there must be justifiable reason to do that (Demotion??). Remember that you already got promotion to prove that you are at higher grade than EB-3. (Not demeaning EB-3 here 🙂) So, on one side, with downgrade, you are losing about 15 months for sure, face risk of retrogression and EB-2 moving ahead of EB-3, face possible change of rules with new administration, cost of downgrading application, need to come up with good reasoning for downgrade. And on other side you may gain few months by moving to tide that moves faster than EB-2. Think logically.
  2. No. You don't get to pick any category you want. You are either EB-2 or EB-3. Once you switched to EB-2 for whatever reason, you cannot use other application. Both category PD are not so away from each other. You may have to wait for few months to get to your spot. As you have been waiting for almost 10 years, keep having that patience.
  3. care_candidate

    Travel on Previously employer H1B Stamped VISA

    I know but for some reason POE officers think that carrying I-797 makes me employee of that employer. They think that when an employee changes employer, previous employer takes away their I-797, which is false. I still have I-797 from past 3 employers 🙂 Based on my experience, I made habit of carrying active I-797 at the time of entry into US. The reason we (at least I) don't want to correct that officer is that during few seconds of interview, officer holds authority to take any action against candidate and we certainly don't want to jeopardize our genuine case.
  4. As a matter of fact EAD and AP come together in single card. If you do them separately, I am guessing they will have separate expiration dates and cause unnecessary confusion. I think it better to apply together. You might want to ask how you can apply EAD and AP together after I-485 and your trip. I-131 and I-765 are actually free of cost to file. There is no direction connection between the two and I-485. Still you should get that cleared with your attorney just to be sure. Eventually, if you change your employment after receiving EAD and/or travel after receiving AP before appearing for Green card interview (Mostly mandatory in current administration), you have to have explanation for reasoning. That time EAD, AP and Green card will all face scrutiny together, which I think is normal.
  5. care_candidate

    Travel on Previously employer H1B Stamped VISA

    At point of entry, officer nowadays ask for proof that you are working for the employer stamped in visa. I have been asked for I-797 for past 3-4 times.
  6. Assuming your first sentence has date of February 3, 2019. If you file I-485, there is no issue. However, many applicant file I-131 (Travel document) and I-765 (EAD) with that. When you file I-131 and travel before getting it approved, it basically gets rejected straight. If you are OK with that, there is no problem. You can also apply I-131 separately after completing travel. To answers your question - There is no technical problem but officer will ask what your plans going to be for short duration and after that.
  7. care_candidate

    PERM Audit

    It means they found something suspicious or have incomplete information. Did your employer posted advertise for your job? This is part of the PERM process that they need to show they looked in US citizen for appropriate match before going to international candidate as you. Then as they couldn't find good match they went with you and proceeded....etc. For this there needs to be ad in local paper, public library, TV...etc. There may be some candidates applied with resume and may be interviewed and rejected. Has all this been done and records sent with PERM application?
  8. care_candidate

    Transit visa for Dubai/UAE on return to USA

    This forum is related to US immigration questions, not Dubai'
  9. care_candidate

    Does I94 Change for Bahamas Visit

    @gcjourney1 No need to correct anything. I-94 arrival departure record is sometimes incomplete. They mention that on right side too. It is just kind of guideline of records. Especially when you travel visa cruise, they may or may not note it down.
  10. care_candidate

    Changing jobs after 1.5 years of i-140 approval

    I changed 3-4 jobs on H1b direct hire, so have few experiences. Here are your answers. 1. Safest way is to have everything transferred to new employer and then go out of country. Obviously green card will take some time so you can just start with new job. However, once you start new job, you will have I-797 beforehand. So, when you leave country, in order to come back, you need stamped visa. So, whatever country you go on vacation, you need to go through their US consulate to appear for interview and all that. That will disrupt your vacation. So, in my opinion, you can go to vacation on first job, and then as soon as you come back you can start switching job. That will be hard on you existing employer but that is on your account. 2. H$ EAD is linked to approved I-140 after 180 days so you have no issue. 3. For your job? Yes, you need an approval I-797 (A or B) to start new job. 4. As you will be starting from PERM with new employer, it does not matter what code you used before. That code need to be same or similar from the time you apply for PERM till you file I-485 and I-485J. 5. Based on experience, always keep you eyes open for new information, talk to attorneys, don't assume anything....good luck!
  11. care_candidate

    H1B Visa stamp on changing employer

    Yes, you need to have visa stamped. At the port of entry you will be asked which employer you are working on. And that should match with what stamp you have on your passport. If you do not show anything about new employer and show old visa and say you still work there, it will be on your record of entry and then when you apply anything after that, you will face issues with incorrect story. On getting new visa, you will face same routine questions such as 1. Who do you work for 2. Where you live in US 3. What you do for this employer 4. Show I-797 for this employer. This is something new they started to ask as they think you will only have one I-797 of current employer.
  12. care_candidate

    Grace Period on Employer Change in H1B

    If your last date from A is 5/31 and first date from B is 6/01, you should be good. Make sure that reflects in statement from each of them and show on H1b.
  13. care_candidate

    Can I apply EB3 category?

    That's right. Based on trend, your date is likely to become current in next few months. Start preparing for documentations for concurrently filing I-140 and I-485 and contact attorney.
  14. Your attorney together with employment details and employer will determine what EB category suits you best. Employer may downplay you but you can always hire outside one.
  15. You have to be employed at same company A at the time you file I-485. Furthermore, they changed rules slightly - So now instead of employer letter that used to go with I-485 application saying that "This employee is working with us and will continue to work on receiving Green Card.....", Employer has to sign form I-485J. THis form is essentially same as saying what it was before in letters, except it is in the form of form so there is no word play with it. You cannot file for EAD as EAD's requirement to approve is to have I-485 in pending status for more than 180 days. You have to join company A, then file I-485 and I-485J and other documents (Birth C, Doctors form, Degrees....etc.), Also file I-765 (For EAD) stay with company for more than 180 days and then switch job. However, it seems that you are joining employer A for the sake of getting EAD (Or Green Card) only. ANd that will act against you, if you cannot come up with convincing reason to why did you leave this employer.
  16. care_candidate

    PERM processing delay

    There are several steps in PERM. When it is employment based, did your employer post advertisement for your job, collected application...etc. It shouldn't take more than 12-15 as a whole. You need to contact them and ask. Infopass appointment may be the easy and quick option. Communicate with your attorney too.
  17. care_candidate

    EAD Compelling Circumstances

    For those of us who don't know, what is compelling circumstances?
  18. care_candidate

    Cruise trip to Bahamas

    Yes but it needs to be closed course cruise. I did it in past.
  19. care_candidate

    work related travel

    Not a good plan to travel during OPT. OPT is transition state between school and work. Get Work visa to validate.
  20. 1. I-485J can only be filed 180 days after receipt date of I-485. You can see that here https://www.uscis.gov/i-485supj 2. You can take infopass appointment and explain your case to postpone interview. There is an obvious risk that as during infopass discussion, they would know that you did not have job before getting EAD, you become out-of-status, unless you are still officially on valid H1b. 3. Hiring attorney always helps. They know many minute thing and aware of constant changes in the system. They do accompany (with extra fee) with you during interview too but you need to know all the details before going for it. Only hired attorney can tell you if it is worth going through interview or there are any other ways to help you. You should know what kind of situation you are in right now. Best case scenario is that they keep you on status and approve green card with routine process. Mediocre scenario is when they still keep you on status but you need to start from scratch with new employer. Worst case you are out of status or anything else. You just need to know asap you fit in. Only advice is that you should not waste a single day and hire good attorney.
  21. care_candidate

    Travel to India (H1B RFE)

    No. Returning on OPT status is extremely risky. I would advise to get permanent status such as H1b. OPT is always considered as transition state and there is really no requirement of binding with any institution (Employer, School).
  22. care_candidate

    I140 ported from EB3 to EB2

    Porting I-140 is not possible. Only thing you can use from previous application is PD - And that too need to be applied in order to use. Basically, it is new PERM and new I-140 with previous PD. And then it will continue to I-485. To answer your second question, you only get one active employment based application when you filed for EB-2, your first application is void.
  23. The only reason your employer not sharing I-140 with you is that they don't want you to use that and apply for transfer of H1b and apply for green card with another employer. This is full proof way for them to hold you for long time till your PD becomes current. Not knowing your country and EB category, but if you are one of those from India with EB-2 category, it is not uncommon to wait 10 years to get that PD becomes current. My advice is to hire outside attorney for consultation and ask same question. My friend was in similar situation and got consultation from one of Murthy's prestigious team member. They know so many things that many common immigration attorneys miss routinely.
  24. @anamika34 Since you changed job before getting EAD (that requires 180 days after submitting I-485), your new employer has to start green card process from scratch. Contact an attorney immediately.
  25. care_candidate

    Travelling to Cancun (Mexico) on Expired Visa stamping

    @pachhu44 You do not qualify for AVR. I know that because my spouse has used it in the past - it has specific requirements and visa types. You do not fit there. I am not aware of what potevicchio is mentioning but as a rule of thumb I always consider that when your current visa expires and you have extension/transfer in hand, you need stamped passport to return to USA. My advice is not to take undue risk for few days of fun.