2005 Consolidated Tracker (140/EAD/AP/FP/485)

One question about immigration status

I have a question about immigration status: when one switches from H1B to EAD (through a pending I-485), what's his immigration status? I know that before the switch, it is called H1B. What is it called after the switch?

Thanks in advance.
 
Aos

WhereIsMyGCUSA said:
I have a question about immigration status: when one switches from H1B to EAD (through a pending I-485), what's his immigration status? I know that before the switch, it is called H1B. What is it called after the switch?

Thanks in advance.
Click to expand...

Your status is AOS=Adjustment of status (485 pending)
 
As per June '06 bulletin, cutoff date for EB3 is Apr 08th 2001 ie 04.08.01 and your priority date is in June...so i guess you need to wait for a li'l longer. Correct me if I'm wrong

foret1 said:
hi friends,

with the june visa bulleting, my pd (6/29/01) is finally current :D...so i am trying to get all my info up to speed and ready to file on 6/01.

last year when my labor got cleared, i was so full of hope and optimism that i prepared everything i needed for the 485 thinking my pd was going to become current soon. well of course that didn't happen.

so i am wondering if the medical i did then back in august 2005 is still valid? does any know how long the medical is good for?

thanks in advance!!
Click to expand...
 
Sorry, forgot to mention..the cutoff date is from applicants from India...my bad

soul_freezer said:
As per June '06 bulletin, cutoff date for EB3 is Apr 08th 2001 ie 04.08.01 and your priority date is in June...so i guess you need to wait for a li'l longer. Correct me if I'm wrong
Click to expand...
 
NJRIRLabor

Hi njrirlabor,

It appears that our dates are very closer. Please keep us updated when you get approved. Good luck.

Thanks


njrirlabor said:
Yeah, I know. some people from march 2002 have been approved. But I see more and more cases of 2000, 2001, being approved. Anyway, I cannot request a query, as VSC claims it is processing, april 30, 2005 cases. My RD is 7/19/2005.

Thanks for the tip
Click to expand...
 
Are dates are close but your PD is 2000 and mine is 2/2002. So, you are likely to obtain approval much before me.


cubiclefun said:
Hi njrirlabor,

It appears that our dates are very closer. Please keep us updated when you get approved. Good luck.

Thanks
Click to expand...
 
EB2 India

Any guess on when the the dates will start moving again for EB2 for India from Jan 2003.
 
Gurus Please Help

Hi,

My I-485 is pending, and I am currently working on H-1 with the sponsoring employer, who wants me to take up a bigger role (with higher salary, etc) in the organization.

Will I need to make changes to my existing H-1 or do I need to obtain another H-1 through my employer or should I be doing nothing (because the employer is the same)?


Gurus, I will appreciate if you can shed some light on this.


Thanks in advance.


Meghraj


I-140: Approved
I-485: ND 11/2004
 
Meghraj said:
Hi,

My I-485 is pending, and I am currently working on H-1 with the sponsoring employer, who wants me to take up a bigger role (with higher salary, etc) in the organization.

Will I need to make changes to my existing H-1 or do I need to obtain another H-1 through my employer or should I be doing nothing (because the employer is the same)?


Gurus, I will appreciate if you can shed some light on this.


Thanks in advance.


Meghraj


I-140: Approved
I-485: ND 11/2004
Click to expand...

Meghraj

First off, talk to your immigration lawyer about the details but here is my understanding on this issue.

Yes, you will need to file an amendment to your H1-B or get a new H1-B whichever turns out to be the path suggested by your lawyer. Basically, by changing your responsibilities, the LCA (Labor Condition Application) for H1-B needs to be amended.

Finally and I suspect more importantly, you have a pending I-485 application with USCIS, if this new position is greater (responsibility, title, salary etc) than your original LC (Labor Certification) for the green card, USCIS may decide to deny your AOS on the basis of the labor certification becoming invalid now. They argue that you will NOT take that permanent position (quite logically) when you are already doing something deemed better.

I have been confronted with this particular issue for a while and I believe it sucks but thats how it is. If you discover I am wrong PLEASE share.

Goodluck.
 
Thanks Spidey

spidey said:
Meghraj

First off, talk to your immigration lawyer about the details but here is my understanding on this issue.

Yes, you will need to file an amendment to your H1-B or get a new H1-B whichever turns out to be the path suggested by your lawyer. Basically, by changing your responsibilities, the LCA (Labor Condition Application) for H1-B needs to be amended.

Finally and I suspect more importantly, you have a pending I-485 application with USCIS, if this new position is greater (responsibility, title, salary etc) than your original LC (Labor Certification) for the green card, USCIS may decide to deny your AOS on the basis of the labor certification becoming invalid now. They argue that you will NOT take that permanent position (quite logically) when you are already doing something deemed better.

I have been confronted with this particular issue for a while and I believe it sucks but thats how it is. If you discover I am wrong PLEASE share.

Goodluck.
Click to expand...


Spidey,

I was also wondering if AC-21 can somehow be applied over here. Please let me have your inputs.

Many thanks.


Meghraj
 
Meghraj said:
Spidey,

I was also wondering if AC-21 can somehow be applied over here. Please let me have your inputs.

Many thanks.


Meghraj
Click to expand...

Meghraj

I believe it gets a little tricky when applying AC21 within same organization.
First and foremost, even when applying AC21, at least 50% of your job description should be same or similar to your original LC.
Granted, this is something you can work out with your employer.
However, depending on how long you have been waiting for your GC and how the portability rules are interpreted a promotion within the same organization can, ridiculously, work against your original petition.

Now, if you were to take up something which satisfies the 50% rule with another employer, chances are your AC21 related AOS application will not be scrutinized as closely.

Sad and terribly unfair, but thats how I interpret it.

Pls do not take my word, I am but just a pawn in this stupid game of chess USCIS forces us to play but consult a professional.
 
spidey said:
Meghraj

I believe it gets a little tricky when applying AC21 within same organization.
First and foremost, even when applying AC21, at least 50% of your job description should be same or similar to your original LC.
Granted, this is something you can work out with your employer.
However, depending on how long you have been waiting for your GC and how the portability rules are interpreted a promotion within the same organization can, ridiculously, work against your original petition.

Now, if you were to take up something which satisfies the 50% rule with another employer, chances are your AC21 related AOS application will not be scrutinized as closely.

Sad and terribly unfair, but thats how I interpret it.

Pls do not take my word, I am but just a pawn in this stupid game of chess USCIS forces us to play but consult a professional.
Click to expand...

You cannot inoke AC21 here, because you are working with same employer with new job title.
AC21 law is purely protect your GC process when you change employer.
As long as your employer supports you will be fine.
 
Last edited by a moderator:
Thanks Guys

spidey said:
Meghraj

I believe it gets a little tricky when applying AC21 within same organization.
First and foremost, even when applying AC21, at least 50% of your job description should be same or similar to your original LC.
Granted, this is something you can work out with your employer.
However, depending on how long you have been waiting for your GC and how the portability rules are interpreted a promotion within the same organization can, ridiculously, work against your original petition.

Now, if you were to take up something which satisfies the 50% rule with another employer, chances are your AC21 related AOS application will not be scrutinized as closely.

Sad and terribly unfair, but thats how I interpret it.

Pls do not take my word, I am but just a pawn in this stupid game of chess USCIS forces us to play but consult a professional.
Click to expand...

Spidey & LaborBadhi,

I guess I will stick to my current position for now.

Thanks much.

Meghraj
 
H1B --> EAD

Next week my H1B visa for 6 years is expiring. I have an EAD. Do I or my employer need to complete any formality as I will be transiting from H1B to EAD ???

What about the I-94 attached to me visa ? It is also expiring on May-23.

Please advice on what all I need to do.

Thanks.
 
HK_HR said:
Next week my H1B visa for 6 years is expiring. I have an EAD. Do I or my employer need to complete any formality as I will be transiting from H1B to EAD ???

What about the I-94 attached to me visa ? It is also expiring on May-23.

Please advice on what all I need to do.

Thanks.
Click to expand...

Do I or my employer need to complete any formality as I will be transiting from H1B to EAD ???
--I think you have to update work status on I-9 or w-9 form.

What about the I-94 attached to me visa ? It is also expiring on May-23.
--Shoudn't need to worry about that. Just save it for latest I-94 entry record.
 
I-485 approved

FINALLY.
I AM DONE, 4 YRS 47 DAYS LATER. ALL DONE.

HERE'S THE EMAIL...

Application Type: I485 , Application to Register Permanent Residence or
to Adjust Status

Current Status:

This case has been approved. On May 17, 2006, an approval notice was
mailed. If 30 days have passed and you have not received this notice,
you may wish to verify or update your address. To update your address,
please speak to an Immigration Information Officer during business hours.

If you have questions or concerns about your application or the case
status results listed above, or if you have not received a decision or
advice from USCIS within the projected processing time frame*, please
contact the National Customer Service Center.

National Customer Service Center (800) 375-5283.

*The projected processing time frame can be found on the receipt notice
that you received from the USCIS.
*** Please do not respond to this e-mail message.
 
Congrats!

spidey said:
FINALLY.
I AM DONE, 4 YRS 47 DAYS LATER. ALL DONE.

HERE'S THE EMAIL...

Application Type: I485 , Application to Register Permanent Residence or
to Adjust Status

Current Status:

This case has been approved. On May 17, 2006, an approval notice was
mailed. If 30 days have passed and you have not received this notice,
you may wish to verify or update your address. To update your address,
please speak to an Immigration Information Officer during business hours.

If you have questions or concerns about your application or the case
status results listed above, or if you have not received a decision or
advice from USCIS within the projected processing time frame*, please
contact the National Customer Service Center.

National Customer Service Center (800) 375-5283.

*The projected processing time frame can be found on the receipt notice
that you received from the USCIS.
*** Please do not respond to this e-mail message.
Click to expand...
CONGRATULATIONS!!! I am very happy for you. Enjoy!!!

Regards,
LB.
 
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