Recording available for download for March 17 conference call with Rajiv

[dame]

EB3 to EB2 portability

Hi Rajiv, Thanks for this call. I'm in I485(EB3)pending-wife not included-8th yr of H1B-my priority date is current for EB2. Current employer not willing to re-file in EB2.
Q1-Can a would-be employer apply GC in EB2 for me using my EB3 priority date on future employment basis? If yes, then when should I start working for the new employer? Will this impact my current H1-B status or will my current employer get notified?
Q2-Should my wife need to be in the country for the entire time while EB3 to EB2 case is going on?

 

[dame]

Visa stamping issue in India - Follow-up from last call
221g issue in India; Is it safe to go to 3rd nation for stamping?Does the issue exist for H4 stamping as well?

 

[ashok80]

Hi Rajiv,

I am planning to convert my visa from L1 to H1. I am in the seventh year of the L1 and was continously staying in US for the past 7 years. Is there any restrictions for applying for H1 petition. Would the rule which mandates the stay outside the US for an year before applying for new H petition (which is generally there if H1 is expired after 6 years), is applicable for me ?

Can you please help answering the question.

Thanks

 

[kmlnop]

Hi Rajiv
I have been working with company A for more than 5 years on H1b. company B started GC for me using labor sustitution in 2007 for future employment. my I 140 approved and i also got EAD and AP. i concurrently filed both I 140 and 485 in 2007. i am still with company A. I recently changed to EAD after an India trip, but with still company A. i didnt file AC 21. now i have another good offer with company C.

My educational qualification and exp is similar to the labor sub. job title is also okay. but the skill set is different. that guy has jsp, html, xml etc and i am working on SAP. so is it risky to change company? because i may get an offer letter mentioning my skills? is it better to work with the one who is processing my GC? it is actually mentioned as for future employment.

i am already using my EAD with my current company A. are there any risks involved in this because i am working on sap bw, not the ones mentioned in labor sub.

thanks a lot
kmlnop