ronnie0479
12-19 01:30 PM
I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
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raj3078
08-21 10:32 AM
Mine was transferred to Denver where I live now .....It happened on Aug 11th...No movement on it since....PD in Aug 2005....EB2 following is the reason given....I am tired of waiting and I am having Infopass tomorrow.....Will update you guys....
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
masterfender
04-26 09:27 PM
Hi guys,
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
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LostInGCProcess
11-05 04:39 PM
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
more...
new2H1&GC
11-08 01:52 PM
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
njboy
10-30 04:02 PM
yeah the meeting was really good..I got to meet many people but had to leave a bit early. For a first meeting (for me) I got an overview of IV etc and put faces to the handles I see in here. For future meetings I think we should
1) establish action items
2) find volunteers to carry out specific action items
3) set drop-dead dates for each item
4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
5) list out our progress/obstacles/lessons learnt
1) establish action items
2) find volunteers to carry out specific action items
3) set drop-dead dates for each item
4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
5) list out our progress/obstacles/lessons learnt
more...
pmb76
07-17 07:43 PM
After receiving the flowers on July 10, Emilio Gonzales went to the library to study about Gandhi. He spent 2 whole nights reading the life history of the Mahatma. Finally the Mahatma appeared right before his eyes and made him realize the injustice inflicted by the July VB revision. The rest is history :D
Thanks to IV core and members for rekindling the spirit of the Mahatma in the land of opportunity.
Thanks to IV core and members for rekindling the spirit of the Mahatma in the land of opportunity.
2010 i love you sister poems
anurakt
01-14 06:30 PM
I think we may have spoken about this , but here is my question :
My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :
1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?
2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?
3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?
My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :
1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?
2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?
3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?
more...
ronhira
10-11 07:41 PM
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drirshad
05-06 03:52 PM
Use the letter to modify for our cause, May 14 is the start day for CIR discussion in Senate ......
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
CONTACT YOUR SENATORS TODAY
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
Background. Democratic and Republican Senators, along with the Bush Administration, are currently negotiating compromise immigration reform legislation which could be considered on the floor of the U.S. Senate beginning the week of May 14. Should these negotiations falter, the Democratic leadership could choose to bring the STRIVE Act, or a similar bill, to the floor for immediate consideration. It is important that you contact your Senators in the next few days and ask for their support for a just and humane immigration reform bill.
USCCB Position. The United States Conference of Catholic Bishops (USCCB) and other organizational members of the Justice for Immigrants (JFI) Campaign are working to ensure that any compromise immigration legislation includes the principles set forth by the U.S. bishops. Any legislation which would warrant USCCB support would include:
1. a legalization program for the undocumented which includes family unity and a realistic path to citizenship;
2. a new worker program with worker protections and a path to citizenship; and
3. the preservation of family reunification as a cornerstone of our immigration system and the elimination of family backlogs and waiting times.
To contact your Senators, call 202-224-3121. The sample letter can be accessed via the JFI website at www.justiceforimmigrants.org or can be faxed to the Senators� offices. Use link below to Email the Senators.
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
CONTACT YOUR SENATORS TODAY
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
Background. Democratic and Republican Senators, along with the Bush Administration, are currently negotiating compromise immigration reform legislation which could be considered on the floor of the U.S. Senate beginning the week of May 14. Should these negotiations falter, the Democratic leadership could choose to bring the STRIVE Act, or a similar bill, to the floor for immediate consideration. It is important that you contact your Senators in the next few days and ask for their support for a just and humane immigration reform bill.
USCCB Position. The United States Conference of Catholic Bishops (USCCB) and other organizational members of the Justice for Immigrants (JFI) Campaign are working to ensure that any compromise immigration legislation includes the principles set forth by the U.S. bishops. Any legislation which would warrant USCCB support would include:
1. a legalization program for the undocumented which includes family unity and a realistic path to citizenship;
2. a new worker program with worker protections and a path to citizenship; and
3. the preservation of family reunification as a cornerstone of our immigration system and the elimination of family backlogs and waiting times.
To contact your Senators, call 202-224-3121. The sample letter can be accessed via the JFI website at www.justiceforimmigrants.org or can be faxed to the Senators� offices. Use link below to Email the Senators.
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
more...
husker
09-30 12:11 PM
:confused:
All,
Just curious to know how will a FP notice help. If you get an FP notice how useful is that, its just one process. Or am I missing something. I did receive ASC notice from TCS, I think its moved from NSC to TSC (not really following what is going on, lawyer not giving information). Should I be happy?! I have not received any AP or EAD notice.
All,
Just curious to know how will a FP notice help. If you get an FP notice how useful is that, its just one process. Or am I missing something. I did receive ASC notice from TCS, I think its moved from NSC to TSC (not really following what is going on, lawyer not giving information). Should I be happy?! I have not received any AP or EAD notice.
hot Shakespeare#39;s Sister Is
das0
12-17 06:36 PM
Thank you.
Somone in the forum said AC21 memo can trigger a RFE, if I was laid off.
So should i take risk to not filing AC-21 or just file AC-21 with the new employment info?
Please advise
Somone in the forum said AC21 memo can trigger a RFE, if I was laid off.
So should i take risk to not filing AC-21 or just file AC-21 with the new employment info?
Please advise
more...
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amitga
04-12 07:27 PM
I am even willing to pay $10K per family member to get a GC. Only condition is that they should process it in the same way as other Premium processing. It should not take years in Name check or any other processing after paying this kind of money.
Australia has similar plan for parent Visa. Any Permanent Resident can pay Approx 20K Aus$ and get a permanent Resident Visa for parents.
Australia has similar plan for parent Visa. Any Permanent Resident can pay Approx 20K Aus$ and get a permanent Resident Visa for parents.
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senthil1
05-07 12:42 AM
Sen Sessions is not only person who is opposing Cir/skil.There are many people in the Senate are opposing. Everyone knows that congress is evenly divided on immigration. But 10 Senators can make a big difference if some compromise bill is introduced. So anything can happen in next 2 months in immigration. Sometimes short time is advantage as they may pass bill in a hurry and lot of provisions may be passed without big visiblity.
No one can predict at this point of time. The optimism
is thinning every day. So far nobody could come up
with anything that is agreeable.
Our best friend Sen. Sessions is trying his best
to distroy any bill. Now he is trying to propose and
implement a point based system. Who know when
the point base system is ready for discussion he
will propose a DNA based system....
So my friend I'm scared to hope on immi
sector. Good luck to you
-babu
No one can predict at this point of time. The optimism
is thinning every day. So far nobody could come up
with anything that is agreeable.
Our best friend Sen. Sessions is trying his best
to distroy any bill. Now he is trying to propose and
implement a point based system. Who know when
the point base system is ready for discussion he
will propose a DNA based system....
So my friend I'm scared to hope on immi
sector. Good luck to you
-babu
more...
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Edison99
02-24 10:18 AM
Congrats beautifulMind on your immigration journey!
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
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andhrawala
08-22 09:17 AM
Hi overseas,
I am in the same dilemma as you. I am in OH and according to my jurisdiction I have to apply in Nebraska Service center. Now, my I-485 application has been transferred to Texas.
I called the uscis customer service and they said to file in Texas as my 485 is pending there.
So, I am really confused here. Any help will be greatly appreciated
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
I am in the same dilemma as you. I am in OH and according to my jurisdiction I have to apply in Nebraska Service center. Now, my I-485 application has been transferred to Texas.
I called the uscis customer service and they said to file in Texas as my 485 is pending there.
So, I am really confused here. Any help will be greatly appreciated
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
more...
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giddu
06-27 12:21 PM
June 18, 2007, ( Premium Processing)
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Administrator2
05-08 09:30 PM
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
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a_yaja
10-01 09:37 PM
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
If this is severance pay, then he is NOT OK as he has been laid-off. He needs to get H1B transfer done ASAP. On the other hand, if he is going to be paid as per the usual pay cycle (e.g. - if regular pay roll cycle is weekly, bi-weekly or monthly and you friends gets paid as per the same cycle) over the next 3 months, then technically he is still employed and he is OK till he gets the last pay check.
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
If this is severance pay, then he is NOT OK as he has been laid-off. He needs to get H1B transfer done ASAP. On the other hand, if he is going to be paid as per the usual pay cycle (e.g. - if regular pay roll cycle is weekly, bi-weekly or monthly and you friends gets paid as per the same cycle) over the next 3 months, then technically he is still employed and he is OK till he gets the last pay check.
GC08
05-21 07:29 PM
We are chasing behind so many stuffs at this important time. We should forget about the merits or demerits of point system. It can be good or bad. We should forget about how Z visa holders get more benefit than us. It is something not in our control and big politics behind everything in the bill. Therefore, we should not concentrate on this as it is not our objective. We should focus only to eliminate retro in EB ASAP. We should try to bring a simple amendment to the bill, so that retrogression in current EB ends ASAP.
A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.
We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy
Yes. :)
A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.
We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy
Yes. :)
IneedAllGreen
09-21 02:31 PM
Your story looks similar to mine. Before I go for my side of story let me tell you that going for premium is always good idea. I got my new I-140 (EB3) got approved within 2 weeks after we applied for my third green card process. Now with your labor and approve I-140 and remaining H1B visa you can go to new employer. I think you have plenty of time to go to new employer and transfer remaining time in your H1B. In between you can ask current employer not to revoke I-140 once it processed. This way you can later transfer dates from current GC process to new one. I think you are quite secure at this point of time to move to new employer. Just take in confidence with current employer for not to invoke I-140 until you transfer your date.
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
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