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rock

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About rock

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  1. What will be the minimum time before we can change the jobs after getting green card through employment based green card? Will be there any problems during naturalization if we change the employer too soon after getting GC? Please advise.
  2. rock

    Rfe on I485 future employment

    I got an rfe on i485 future employment case and uscis wants employment verification letter. Currently I am working for another employer and will join the green card filing employer after getting 485/green card approved under future employment. What should be the start date mentioned on the employment letter ?
  3. rock

    Advance parole to H1B

    I am currently on AOS based on pending I-485 for 6 years. I have EAD and AP. My last entry to US was based on AP more than a year ago. My employer recently filed for my H1B extension beyond 6 years and got it approved until 2015. 1) What is my current status after getting the H1B petition approved? 2) Do I have to exit the country and come back to change the status? 3) Can I transfer H1B to another employer now?
  4. rock

    Ac21 or Porting

    "3) Will invoking AC21 from Company A to Company C and at the same time having Company B processing my I-140/GC under EB2 create problems for me?" "3) No. Why?" I read in some forums (I am not an immigration expert) that if someone has multiple applications for GC like AC21, Eb3 to Eb2 porting etc with different companies getting processed at the same time then the case becomes complicated as to actual intent of joining which employer after getting GC. (Company B who did porting or Company C on Ac21) Due to bad job market in my field in last few years job change has become necessary and it is sometimes not by chioce. Have to keep maintaining our status and back up plans if things do go well.
  5. rock

    EB3 to EB2 porting

    If Employer B withdraws I-140 and you still got approved I-140 from Employer A then you are ok. Use can use Ac21 or find another employer to get file new PERM/I-140.
  6. rock

    Ac21 or Porting

    Comp A filed PERM/I-140 approved EB3 category & I-485 pending for 6 years. Currently working on 10th year of H1B. They can layoff anytime Comp B also filed PERM/I-140 EB2 category. PERM approved but I-140 still pending. Never worked for them. Comp C offering a new job on AC 21 with H1B transfer. I am thinking of moving from Company A to Company C. 1) Is it risky to join Company C using AC21? I am not planning to file AC21 papers until any RFE. 2) What will happen to future Green card application with Company B? 3) Will invoking AC21 from Company A to Company C and at the same time having Company B processing my I-140/GC under EB2 create problems for me?
  7. Got PERM and I-140 approved through Company A and I-485 pending since August 2007. Priority Date is July 2007. I am still working for Company A. Company B filed for PERM in future employment and got I-140 approved. I got two approved I-140s from two different companies. (Comp A and Comp B) I am planning to change my employer Company A using EAD under AC 21 provision and join Company C. 1) If Company A withdraws I-140 will my I-485 get RFE or denied? 2) I will have to use EAD to change to Company C. If there is MTR can I still work on EAD?
  8. rock

    H1B or EAD after 6 yrs complete

    According to some experts, the basis of 3 yrs H1B extension beyond 6 years is on approved I-140 and/or pending I-485. 1) What happens to your beyond 6 yrs H1B extension when pending I-485 is denied? 2) Denied I-485 and how can you stay on H1B extension? or for that matter even EAD? ( I am not talking about people who still have some time left on their first 6 years of H1B , if they have 2-3 years left then that makes sense and they can still use their H1B time) 3) People who have H1B beyond 6 years it is only based on AOS. If AOS gets denied then how can you use H1B extension?
  9. rock

    AC21 - What are the risks?

    If a person had previously approved I-140 from company A and files another I-140 thru company B say upgrade from EB3 to EB2 then does USCIS compare both I-140s forms for same applicant from different companies? Are those I-140 independent of each other?
  10. rock

    AC21 - What are the risks?

    I am in 7th year of H1B (Company A) with H1 extension valid for almost another 3 years until 2015 based on approved I-140 and pending I-485 over 180 days. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but still thinking whether to use EAD or H1B. 1) From risk point of view, I heard from many people that beyond 6 years of H1B it doesn't really matter if we use EAD or H1B for AC21 because if I 485 for some reason gets rejected then EAD or H1B both are invalidated and we fall out of status and can't work on any. 2) Basis of H1B extension beyond 6 years is approved I-140 and/or pending I-485 (AOS) and if I-485 gets denied then H1B automatically is invalidated. Please correct me if I am wrong?
  11. I am in 7th year of H1B (Company A) with H1 extension valid for almost another 3 years until 2015 based on approved I-140 and pending I-485 over 180 days. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but still thinking whether to use EAD or H1B. 1) From risk point of view, I heard from many people that beyond 6 years of H1B it doesn't really matter if we use EAD or H1B for AC21 because if I 485 for some reason gets rejected then EAD or H1B both are invalidated and we fall out of status and can't work on any. 2) Basis of H1B extension beyond 6 years is approved I-140 and/or pending I-485 (AOS) and if I-485 gets denied then H1B automatically is invalidated. Please correct me if I am wrong?
  12. Gurus, I read many forums but still not able to understand what same/similar job description means. I am not sure if below job description can be similar if not the same? My pd is june 2007, Approved I140 -EB3, I485 pending since 2007. Company A filed my labor/I140 under 'Programmer' 5+ years ago and job duties were: .Produce computer applications based on client specifications & requirements · Code, test, debug, & document applications using various programming languages & applications · Revise/update programs & documentation · Instruct end-users on use of applications Company B offered me a job as 'Software Architect' and job duties are: • Develop, maintain, & communicate processes & standard practices related to the design, development, & implementation of application solutions & patterns. • Facilitates & integrate applications & business processes using common methods, in managing projects with enterprise wide impact. • Develop & maintain conceptual, logical, & physical application architecture • Interact with clients & modify, test, & implement applications and mentor junior architects Analyze & estimate cost, time, feasibility, resources needed to develop, & implement application systems 1) Not sure if they can be similar. Any ideas or advice? 2) Soc code looks to be same for both under application developers.
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