krishnam70
02-22 12:48 PM
This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.
Do not want to spread the panic but ....Be careful..
- good luck
kris
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.
Do not want to spread the panic but ....Be careful..
- good luck
kris
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tinoue
09-27 09:10 AM
Hi LRIndy,
Thank you very much for your quick reply.
Now I feel better. After waiting for GC so long (I started the application process in 2003), any small things make me worry...
Thanks!
Thank you very much for your quick reply.
Now I feel better. After waiting for GC so long (I started the application process in 2003), any small things make me worry...
Thanks!
belmontboy
11-09 05:16 PM
Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.
Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).
Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.
This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.
Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.
Hope that I have submitted a informative post here.
hmm.. are you saying that ancient indians specialized in stem cell research? :p
Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).
Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.
This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.
Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.
Hope that I have submitted a informative post here.
hmm.. are you saying that ancient indians specialized in stem cell research? :p
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kewlchap
09-09 01:17 AM
Hi greencard_fever,
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
more...
gc_chahiye
11-13 12:11 PM
after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..
i am not a lawyer
provided they find that your I-140 was "approvable" at that 180 day mark. If at that point they feel it was not (or worse try to issue an RFE to your old employer) you could be in trouble. Safest to wait for approval.
i am not a lawyer
provided they find that your I-140 was "approvable" at that 180 day mark. If at that point they feel it was not (or worse try to issue an RFE to your old employer) you could be in trouble. Safest to wait for approval.
mmk123
09-13 11:40 AM
There is NO Eb1/Eb2/Eb3 divide for our cause... the issue is unfair country based quota for highly skilled immigrants. I have many friends who are rotting in EB3 even though they qualify for EB2 (due to company policies).. one of Ivy League PhD graduates I know is rotting in EB2 (C).. so these are thin lines..
Only solution is to convince lawmakers about our genuine issues using correct, democratic, non fear-mongering ways.
Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!
one more thing i want to add: let's not worry about ppl using wrong ways to get this GC, they will fail in long run or get caught somewhere else. They will have to pay for this during their lifetime only. And BTW, this also includes L1 managers. Our lives is not only GC, it is much more than that. Easier said than done.. but that's how we convince ourselves.
Only solution is to convince lawmakers about our genuine issues using correct, democratic, non fear-mongering ways.
Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!
one more thing i want to add: let's not worry about ppl using wrong ways to get this GC, they will fail in long run or get caught somewhere else. They will have to pay for this during their lifetime only. And BTW, this also includes L1 managers. Our lives is not only GC, it is much more than that. Easier said than done.. but that's how we convince ourselves.
more...
pappu
08-14 09:54 AM
The IV Advocacy kit is now available to all donors and state chapter leaders. Please contact your state chapter leaders to get the kit.
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pmamp
07-12 10:24 AM
One possible issue with this assessment is that CIS Ombudsman released the report on June 11th and ISCIS published 'THE JULY 2007 BULLETIN' on June 12th. That may mean someone in USCIS decided ultra fast as to make all the dates current or they (USCIS top brass) knew about this report draft.
I don't know if this report really caused USCIS to come out with that bulletin. there is something else under the hood which caused this reaction....http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
I don't know if this report really caused USCIS to come out with that bulletin. there is something else under the hood which caused this reaction....http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
more...
radhagd
03-09 03:19 PM
H1B is not required for filing Perm labour. You can file Labour in EB2 and after labour got approval you can file I140 along with Request to port PD. Once you get I140 approved with early PD on it,file another I485 under Consular Processing, when your dates are current. This will not effect your current EB3 I485.
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NKR
09-21 01:18 AM
Confused ...i think GC stands for Great Confusion
Came in 2001....PD 2003......EB3
Will I ever get my GC? What is it anyway?
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
Came in 2001....PD 2003......EB3
Will I ever get my GC? What is it anyway?
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
more...
mpadapa
10-09 01:32 PM
IMHO.. Its better to resolve the out-of-status issues before U file for 485. Please consult a good attorney.
If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.
If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.
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pbojja
02-26 04:45 PM
If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
more...
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obviously
08-27 05:57 PM
Folks, the key is here to articulate the interests and educate lawmakers on why amelioration and terminal relief is required. Walking out of workplaces does not reflect the value that legal immigrants bring to the economy. What's needed is a pithy powerful message on why it is important to support those who are in the legal line for immigrating to the USA> We dont seek it as an entitlement, nor do we seek social promotion. Our goal is to get what is available per current policy. We must highlight the pain we face ...
Talking about aalking out of work places might make one feel good and 'in control'. Reality is, you are only jeopardizing your job, career and goodwill. An illegal who is fired can 'melt away' and find another job. Are you willing to risk it all and leave the country? For one day of protest, in a form and manner that befits a 20th century mentality?
If we have to make ourselves heard with RESPECT and RECOGNITION, our actions must merit these values. We cannot bleed by a hundred cuts and expect to find what we need.
Let us get non emotional about this, collect DATA and present it OBJECTIVELY through repeated messaging. Positioning, timing and delivery is key.
Walking out of work on Oct 24 is NOT the answer, IMHO.
Obviously,
Talking about aalking out of work places might make one feel good and 'in control'. Reality is, you are only jeopardizing your job, career and goodwill. An illegal who is fired can 'melt away' and find another job. Are you willing to risk it all and leave the country? For one day of protest, in a form and manner that befits a 20th century mentality?
If we have to make ourselves heard with RESPECT and RECOGNITION, our actions must merit these values. We cannot bleed by a hundred cuts and expect to find what we need.
Let us get non emotional about this, collect DATA and present it OBJECTIVELY through repeated messaging. Positioning, timing and delivery is key.
Walking out of work on Oct 24 is NOT the answer, IMHO.
Obviously,
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Eternal_Hope
05-11 11:20 AM
I second that. Use their tool to send your own letters.
We are already discussing this on the "Media Drive" thread.
Use one of our IV template letters and send it to the Media.
Let's do this today!
It is just a TOOL to write to senators! No one force you to use their template, and you can and SHOULD write you letter!
We are already discussing this on the "Media Drive" thread.
Use one of our IV template letters and send it to the Media.
Let's do this today!
It is just a TOOL to write to senators! No one force you to use their template, and you can and SHOULD write you letter!
more...
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rb_248
09-08 02:45 PM
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
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kirupa
03-31 01:56 PM
I e-mailed my colleague (http://blog.sunnypixels.com/) who worked on this, and she suggested checking the PDF compatibility button before exporting. Does your file have that option?
Thanks,
Kirupa :)
Thanks,
Kirupa :)
more...
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sobers
05-31 03:46 PM
Clearly IV-QGA has a long ways to go before it an be featured in the 'big league'. Despite its short existence, its commendable what IV-QGA has been able to accomplish.
=========
National Immigration Forum: Angela Kelley, Christina DeConcini, Lynn Tramonte
The Forum, the leading pro-immigrant advocacy group, has just expanded its lobbying arm by adding DeConcini, who was formerly with the Catholic Legal Immigration Network. The Forum “brings together strange bedfellows,” Kelley, its deputy director, said. She said groups that normally have little in common, such as the Chamber of Commerce, organized labor and the U.S. Conference of Catholic Bishops, join to work toward a “rational, constructive immigration policy.” Tramonte is the Forum’s senior policy communications associate.
Federation of American Immigration Reform (FAIR): Paul Egan, Brian Bilbray
Egan is the group’s director for government relations. FAIR is seeking a moratorium on most immigration to give the country time to develop a comprehensive reform strategy. Former Rep. Bilbray (R-Calif.) is on FAIR’s board of advisers and runs the group’s congressional task force. One lobbyist said Bilbray’s “incredible access” to the House of Representatives has helped FAIR in its work on immigration reform.
* Bilbray is competing in a special election on June 6 to replace Duke Cunningham. If this guys wins, it will surely galvanize the Anti-Immigration forces in Congress and on the Hill.
http://www.signonsandiego.com/news/politics/50thdistrict/20060327-9999-1n6bilbray.html
McCains cancels appearance at fundraiser:
http://www.foxnews.com/printer_friendly_story/0,3566,197579,00.html
NumbersUSA.com: Rosemary Jenks, James Edwards
Jenks is the in-house lobbyist for the group. She said that while NumbersUSA originally was involved in the impact of immigration on the labor market, the terrorist attacks of Sept. 11, 2001, “made it clear we also need to look at security.” Edwards, who is with Olive, Edwards & Brinkman, also said that immigration is currently seen “through the lens of security.” A legislative director for former Rep. Ed Bryant (R-Tenn.), Edwards worked on immigration issues when lawmakers passed immigration reform in the 104th Congress. At the time, Bryant was a member of the House Judiciary Committee’s Immigration, Border Security and Claims Subcommittee. Edwards also co-wrote The Congressional Politics of Immigration Reform, published in 1998.
Agricultural Coalition for Immigration Reform (ACIR): Monte Lake, Craig Regelbrugge, Sharon Hughes
This ad hoc coalition includes more than 100 organizations with a “substantial labor need,” said co-chairman Regelbrugge, who is also the senior director of government relations for the American Nursery & Landscape Association. The group wants to ensure that agriculture employers have access to a seasonal work force to make certain the country has a “safe and secure food supply.” While individual members of the coalition pitch in, ACIR is also relying on some outside help. Lake is a partner with McGuiness Norris & Williams. The former deputy attorney general of California said that before the 2001 terrorist attacks, the group was close to achieving its goal of helping to reform immigration in a way that allowed access to seasonal workers while instituting a system of “earned immigration.” Hughes is the executive vice president of the National Council of Agricultural Employers and a key component in coordinating ACIR’s grassroots campaign.
United to Secure America: William Crosby, Wright Andrews
In the first half of this year, the group spent more than $600,000 in lobbying fees, including $180,000 each to Butera & Andrews, Podesta Mattoon and Timothy R Rupli & Associates. The group advocates boosting national security through allowing what it calls a “manageable number” of immigrants and non-immigrant visitors. One source praised the access of Crosby, a former GOP chief counsel on the House Rules Committee and 27-year Hill veteran who now works for the Livingston Group, as especially valuable.
American Immigration Lawyers Association (AILA): Judith Golub, Marshall Fitz
Golub is the senior director of advocacy and public affairs for the 9,000-member group and Fitz is the associate director. AILA aims to educate Congress and the public about the benefits of an immigration policy that allows refugees and workers to enter the country.
=========
National Immigration Forum: Angela Kelley, Christina DeConcini, Lynn Tramonte
The Forum, the leading pro-immigrant advocacy group, has just expanded its lobbying arm by adding DeConcini, who was formerly with the Catholic Legal Immigration Network. The Forum “brings together strange bedfellows,” Kelley, its deputy director, said. She said groups that normally have little in common, such as the Chamber of Commerce, organized labor and the U.S. Conference of Catholic Bishops, join to work toward a “rational, constructive immigration policy.” Tramonte is the Forum’s senior policy communications associate.
Federation of American Immigration Reform (FAIR): Paul Egan, Brian Bilbray
Egan is the group’s director for government relations. FAIR is seeking a moratorium on most immigration to give the country time to develop a comprehensive reform strategy. Former Rep. Bilbray (R-Calif.) is on FAIR’s board of advisers and runs the group’s congressional task force. One lobbyist said Bilbray’s “incredible access” to the House of Representatives has helped FAIR in its work on immigration reform.
* Bilbray is competing in a special election on June 6 to replace Duke Cunningham. If this guys wins, it will surely galvanize the Anti-Immigration forces in Congress and on the Hill.
http://www.signonsandiego.com/news/politics/50thdistrict/20060327-9999-1n6bilbray.html
McCains cancels appearance at fundraiser:
http://www.foxnews.com/printer_friendly_story/0,3566,197579,00.html
NumbersUSA.com: Rosemary Jenks, James Edwards
Jenks is the in-house lobbyist for the group. She said that while NumbersUSA originally was involved in the impact of immigration on the labor market, the terrorist attacks of Sept. 11, 2001, “made it clear we also need to look at security.” Edwards, who is with Olive, Edwards & Brinkman, also said that immigration is currently seen “through the lens of security.” A legislative director for former Rep. Ed Bryant (R-Tenn.), Edwards worked on immigration issues when lawmakers passed immigration reform in the 104th Congress. At the time, Bryant was a member of the House Judiciary Committee’s Immigration, Border Security and Claims Subcommittee. Edwards also co-wrote The Congressional Politics of Immigration Reform, published in 1998.
Agricultural Coalition for Immigration Reform (ACIR): Monte Lake, Craig Regelbrugge, Sharon Hughes
This ad hoc coalition includes more than 100 organizations with a “substantial labor need,” said co-chairman Regelbrugge, who is also the senior director of government relations for the American Nursery & Landscape Association. The group wants to ensure that agriculture employers have access to a seasonal work force to make certain the country has a “safe and secure food supply.” While individual members of the coalition pitch in, ACIR is also relying on some outside help. Lake is a partner with McGuiness Norris & Williams. The former deputy attorney general of California said that before the 2001 terrorist attacks, the group was close to achieving its goal of helping to reform immigration in a way that allowed access to seasonal workers while instituting a system of “earned immigration.” Hughes is the executive vice president of the National Council of Agricultural Employers and a key component in coordinating ACIR’s grassroots campaign.
United to Secure America: William Crosby, Wright Andrews
In the first half of this year, the group spent more than $600,000 in lobbying fees, including $180,000 each to Butera & Andrews, Podesta Mattoon and Timothy R Rupli & Associates. The group advocates boosting national security through allowing what it calls a “manageable number” of immigrants and non-immigrant visitors. One source praised the access of Crosby, a former GOP chief counsel on the House Rules Committee and 27-year Hill veteran who now works for the Livingston Group, as especially valuable.
American Immigration Lawyers Association (AILA): Judith Golub, Marshall Fitz
Golub is the senior director of advocacy and public affairs for the 9,000-member group and Fitz is the associate director. AILA aims to educate Congress and the public about the benefits of an immigration policy that allows refugees and workers to enter the country.
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ritwik_ind
11-24 07:52 AM
Good Every one!
;'( I am already out
;'( I am already out
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GC092003
04-13 12:50 PM
I have same concerned. I have been waiting for too long to get my GC procee done. I can't live with current employer any longer. I am waiting for 1-485 to be filled. My PD is sept 03. Do you guys have any feeling if we can file it before this summer (like July)? Another concern is based on current situation with USCIS, it is about 8 month wait for I-485 to be processed. As you mentioned, it might be longer waiting time for this process since many people who had waited, will be filing. Please give me your feeling of feasibility date. Thanx.
desi3933
06-12 01:37 PM
Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.
If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.
One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).
Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.
Please verify details with your attorney/lawyer.
===============================================
Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.
If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.
One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).
Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.
Please verify details with your attorney/lawyer.
===============================================
Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.
krishna_brc
06-30 11:01 PM
Hi,
I was hoping to get some help on my situation. I have I-140 approved, received EAD and AP. Also my H1B was also recently extended. I am expecting a promotion and also will have to change location to a different city with the same employer.
Would this require filing for AC21? Also would this require amendment to H1B visa?
Any help would be appreciated.
This is what i think -
From what you described it seems you are on H1.
So change of job title/description/location will not hurt your GC as long as you maintain your H1.
Your GC won't hurt as it is for future job which you are going to do when you get GC.
No need to invoke AC21.
If your GC is for your current job then the new job should be in same occupational code.
Please talk to your company HR and Attorney and clarify the issues which are more professional
Thanks,
Krishna
I was hoping to get some help on my situation. I have I-140 approved, received EAD and AP. Also my H1B was also recently extended. I am expecting a promotion and also will have to change location to a different city with the same employer.
Would this require filing for AC21? Also would this require amendment to H1B visa?
Any help would be appreciated.
This is what i think -
From what you described it seems you are on H1.
So change of job title/description/location will not hurt your GC as long as you maintain your H1.
Your GC won't hurt as it is for future job which you are going to do when you get GC.
No need to invoke AC21.
If your GC is for your current job then the new job should be in same occupational code.
Please talk to your company HR and Attorney and clarify the issues which are more professional
Thanks,
Krishna
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