
gc_chahiye
12-27 01:57 AM
inline...
Is it mandatory to file AC21 with USCIS after moving to a new company?
most lawyer recommend filing it. If your previous employer revokes your I-140, then filing it can potentially save you an RFE and related delays.
If I move out to a new company before 180 days with the employer's co operation now and
If that employer cancel the I-140 in future (i.e after 180 days), will that have any impact on I-485?
No, you are safe in this case. There is the little gray area of you leaving the petitioning employer early, but since they did not revoke teh I-140, you can say that (if it came up in the interview) you intended to go back to them and they had all intentions of hiring you again. As long as I-140 is revoked past 180 days there are no issues. File for AC-21 sometime past the 180 days mark.
Is it mandatory to file AC21 with USCIS after moving to a new company?
most lawyer recommend filing it. If your previous employer revokes your I-140, then filing it can potentially save you an RFE and related delays.
If I move out to a new company before 180 days with the employer's co operation now and
If that employer cancel the I-140 in future (i.e after 180 days), will that have any impact on I-485?
No, you are safe in this case. There is the little gray area of you leaving the petitioning employer early, but since they did not revoke teh I-140, you can say that (if it came up in the interview) you intended to go back to them and they had all intentions of hiring you again. As long as I-140 is revoked past 180 days there are no issues. File for AC-21 sometime past the 180 days mark.
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sayonara
09-14 11:26 AM
I have asked my attorney for any updates/receipts that might have been delivered to his office...lets see if that takes us anywhere.

liorsal
01-04 09:54 PM
good question,an update will be halpful, we also want to know how we can halp in short term to get the 485 relief?
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Better_Days
09-19 03:08 PM
The Process of giving Birthright citizenship is a law called Jus Soli(14th Amendment) which was implemented in 1900's . Numbersusa and others are fighting to change the Jus soli to jus sanguinis which gives citizenship based on the child's parents Status to reduce the "Numbers".India Abolished Jus Soli in 1987 and dosent offer Birthright citizenship. I think going this Route to discuss the possibility to fight for parents naturalisation based on child's status will make us no different from Illegal Immigrants.
belive it or not, I knew that. I mean the part about the US, not the part about India as I don't hail from there.
The point that I was trying to make but did not state clearly enough was that I feel that when one has a political agenda whether it is pro or anti immigration, children should be kept out of it. Labeling children like anchor babies is dehumanizing. I believe that when kids are involved, as human beings, everyone should always be concerned about their best interest rather than what our political view.
This is why I hate the term anchor babies. The antis are willing to even dehumanize kids if it fits with their political view.
belive it or not, I knew that. I mean the part about the US, not the part about India as I don't hail from there.
The point that I was trying to make but did not state clearly enough was that I feel that when one has a political agenda whether it is pro or anti immigration, children should be kept out of it. Labeling children like anchor babies is dehumanizing. I believe that when kids are involved, as human beings, everyone should always be concerned about their best interest rather than what our political view.
This is why I hate the term anchor babies. The antis are willing to even dehumanize kids if it fits with their political view.
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gcnirvana
05-30 01:53 PM
Why did you show him the previous 797 anyways? Doesn't the previous 797 get invalidated the moment you get a new 797?
I have two 797s:
1. Valid from Feb 2006 to June 04th 2007
2. June 05th 2007 to June 04th 2010
I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(
I have two 797s:
1. Valid from Feb 2006 to June 04th 2007
2. June 05th 2007 to June 04th 2010
I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(

smsthss
11-19 01:30 PM
EB3 or EB2??
EB3
EB3
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swede
09-19 12:55 PM
I was the guy from Sweden. I agree with the Russian student.
The reason I was there was because my green card process was a painful and stressful experience for 5 years. And I was still one of the lucky ones! I don't want to put anyone through the same agony, not even my worst enemy. I really feel for the people still stuck in the mess.
I talked to a Polish guy who had been here 9 years fully legally and could not leave. He had not seen his family in 9 years and did not want to risk going back just in case they would not approve his H1B in his home country. They are very strict there it seems, because none of his family members or friends could not even get a tourist nor visit visa to see his graduation. Shocking!
I was glad I showed up at the rally just to hear all the peoples' stories.
Most people who did not show up probably think they are ok after applying the i485. They will join IV rallies, when they realize how wrong they are. People have applied for i485s years ago and still don't have a green card...
You are in trouble until you get your green card in your hand.
The reason I was there was because my green card process was a painful and stressful experience for 5 years. And I was still one of the lucky ones! I don't want to put anyone through the same agony, not even my worst enemy. I really feel for the people still stuck in the mess.
I talked to a Polish guy who had been here 9 years fully legally and could not leave. He had not seen his family in 9 years and did not want to risk going back just in case they would not approve his H1B in his home country. They are very strict there it seems, because none of his family members or friends could not even get a tourist nor visit visa to see his graduation. Shocking!
I was glad I showed up at the rally just to hear all the peoples' stories.
Most people who did not show up probably think they are ok after applying the i485. They will join IV rallies, when they realize how wrong they are. People have applied for i485s years ago and still don't have a green card...
You are in trouble until you get your green card in your hand.
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nat23
02-22 10:08 AM
Is the text of CIR already published? Is there a link to that?
Its mentioned in the article on Washington Times (the link is given above)
Its mentioned in the article on Washington Times (the link is given above)
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babu123
02-21 10:01 AM
Applied H1B extension for my wife on 12/10/07 at VSC. Case is still pending.
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krishnam70
04-06 10:43 AM
http://immigrationvoice.org/forum/showthread.php?t=24795
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
Very good work by IV. I commend this effort in helping the people who are in such situations and hopefully this will lead to more people joining and willing to donate for the issues that affect us as a community
- cheers
kris
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
Very good work by IV. I commend this effort in helping the people who are in such situations and hopefully this will lead to more people joining and willing to donate for the issues that affect us as a community
- cheers
kris
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lostinbeta
12-31 01:21 AM
Hey, I want soul to win this, his is awesome.
I think if I did my original idea I would have gotten more than 1 vote, but no where near 20 like Soul has now.
But I will never reveal what my original idea was :bad: Just in case I decide to do it some other time in the future.
I think if I did my original idea I would have gotten more than 1 vote, but no where near 20 like Soul has now.
But I will never reveal what my original idea was :bad: Just in case I decide to do it some other time in the future.
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eb3India
04-04 01:46 PM
whatz wrong with someone who gets GC in 6 months, is'nt it our sole goal to change system to have GC in few months,
c'mon guys are you jealous, what makes you think just because you did MS here that you are more qualified than a person who has done Bcom from india, he is manager atleast he knows how to grow in a orginzation and get a GC in 6 months, so learn from him,
get over it this is how the system works if you want to change atleast think positve and call your lawmakers
c'mon guys are you jealous, what makes you think just because you did MS here that you are more qualified than a person who has done Bcom from india, he is manager atleast he knows how to grow in a orginzation and get a GC in 6 months, so learn from him,
get over it this is how the system works if you want to change atleast think positve and call your lawmakers
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kramesh_babu
09-01 12:08 PM
Thanks KevinKris for sharing the info.
Your documents represents the I-140 info.
I was trying to check what is the priority date attached to I485 application. Seems there is no such info. attached to pending I-485 application.
Also, just now I checked my 485 receipt. The PD column in my I-484 receipt is blank. Is this common for every one? Just curious?
Yes, That is very common. You just need to verify the priority date is correct in your 140 approval notice.
Your documents represents the I-140 info.
I was trying to check what is the priority date attached to I485 application. Seems there is no such info. attached to pending I-485 application.
Also, just now I checked my 485 receipt. The PD column in my I-484 receipt is blank. Is this common for every one? Just curious?
Yes, That is very common. You just need to verify the priority date is correct in your 140 approval notice.
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maheshf
01-24 03:32 PM
I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
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probe
02-23 09:17 AM
When I applied last year I got it for 9 months and for 1 yr when I applied in 2009, eventhough my priority date is not current. I called them on 90th day after my application was filed and that has triggered something and I got my EAD in a week. I assume they have plenty of work load and in order to clear EAD applications they are just approving with out any emphasis on priority dates and with whatever duration they like.
This erratic EAD approval process causes financial loss to all EAD applicants effected.
This erratic EAD approval process causes financial loss to all EAD applicants effected.
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pappu
02-23 08:07 AM
Even mighty economist prints article saying that immigration reform is knocking at the door , am not sure without a paid subscription whether u can read this , am positng the link and cannot copy paste the article as that will surely be a copyright violation . http://www.economist.com/world/na/displaystory.cfm?story_id=8746356
Immigration
One more shove
Feb 22nd 2007 | WASHINGTON, DC
From The Economist print edition
Congress is once again preparing to deal with the immigration mess
THE most dismal failure of the dismal 109th Congress was the non-reform of immigration. This is one of America's most chronic problems, with 12m illegal immigrants living in the shadows, more streaming over the border every day and many border towns buckling under the strain of so many non-citizens. Public pressure to “do something” is intense.
George Bush pushed hard for “comprehensive” immigration reform (meaning a combination of a path to citizenship for illegals and tougher border enforcement). John McCain and Teddy Kennedy crafted a bipartisan bill that passed the Senate by 62 to 36. But then the Republican-dominated House wrecked the whole thing in a fit of crude nativism.
Thankfully, the reformers have not been deterred. There has been a great deal of “scurrying about” behind the scenes, according to one insider. An odd coalition of business groups, trade unions and civil-rights organisations is pushing hard for reform under the umbrella of the Alliance for Immigration Reform 2007. An equally odd coalition of White House operatives, Democratic leaders and reform-minded Republicans is also working in the same direction. A new version of the McCain-Kennedy bill could be launched as early as mid-March. And Harry Reid and Mitch McConnell, the two parties' leaders in the Senate, have said that immigration will be one of the first ten bills they will consider. This time the chances of success are higher than last.
The main reason is the new Democratic majority in the House. The most virulent opposition to reform came from Republican House members who were obsessed with cracking down on illegals and building a 700-mile (1,125km) fence along the border with Mexico. Now that the Democrats are in the majority, Zoe Lofgren, the head of the sub-committee on immigration, thinks a deal is at least a possibility.
The reformers are also adopting a tougher tone. The new McCain-Kennedy bill will put more emphasis on beefing up the border, punishing errant employers, enforcing the law and assimilating new immigrants. It will also try to rebut Republican charges that it rewards lawbreaking and offers amnesty. Two current ideas are to impose a hefty fine (up to $5,000) on illegal immigrants who want to become legal, and to make illegals return to their countries of origin (“touching base”, in the jargon) in order to apply for legal entry.
The reason for this toughness is that comprehensive reform has little chance of passing both Houses on the backs of Democrats alone. A significant number of so-called blue-dog Democrats from conservative districts have every reason to steer clear of such controversial legislation. There is also a strong undercurrent of protectionism in the Democratic Party, which suspects immigrants of holding down American wages and stealing American jobs. Insiders calculate that they need about 20 Republican votes in the Senate and 40 in the House.
The reformers will have to overcome some big political and practical problems. Why should Democrats co-operate with Mr Bush on immigration, when they can wait until they capture the White House in 2008 and solidify their lead among immigrants for a generation to come? And why should congressional Republicans change their minds on this most emotive of issues? The vast majority of these members represent white conservative voters who regard immigration reform as a reward for breaking the law and a guarantee of the “Mexification” of American culture. The minority who represent more mixed districts are well aware that 70% of Latinos voted Democratic in 2006.
The practical problem is that the proposed bill will become so tough that it is self-defeating. Why should illegal immigrants come out of the shadows if they have to “touch base” and put themselves in the hands of America's notoriously slow and inept bureaucracy? And why, for that matter, should liberal interest groups support a bill that might seem punitive?
AP
Still, it would be a mistake to write the reformers off. The Democratic leadership risks provoking a backlash if it refuses to put its weight behind the bill, particularly among Latinos, who desperately want the mess cleared up. And the Republican Party also contains some powerful pro-immigration forces. American business strongly favours immigration reform: parts of the economy such as hotels and agribusiness depend on immigrant labour. “Big tent” Republicans also favour reform.
Karl Rove, Mr Bush's chief strategist, has long pointed out that it is stupid to alienate America's fastest-growing minority—particularly one as culturally conservative as the Latinos. In a swathe of states that Republicans need to retain the presidency, their numbers are crucial: New Mexico is 43% Latino, Texas 35%, Nevada 24%, Florida and Colorado 20%.
The November elections have also strengthened the hand of the big-tent Republicans. Several high-profile immigrant-bashers, such as Arizona's J.D. Hayworth and Indiana's John Hostetler, lost their elections. And John Boehner, who was one of only 17 House Republicans to vote against the party's border-protection act, has become minority leader.
Over the next few months everything will depend on the delicate politics of bipartisanship. Immigration reform gives both sides the chance to blame the other for failure. But it also gives both sides a chance to share the praise for a wrenching but necessary reform. The stakes for everybody involved, not least 12m illegal immigrants, could hardly be higher.
===
Letters to the editor
Send an e-mail to letters@economist.com to comment on this article you have read in The Economist or on Economist.com requesting them to cover IV and its issues
Immigration
One more shove
Feb 22nd 2007 | WASHINGTON, DC
From The Economist print edition
Congress is once again preparing to deal with the immigration mess
THE most dismal failure of the dismal 109th Congress was the non-reform of immigration. This is one of America's most chronic problems, with 12m illegal immigrants living in the shadows, more streaming over the border every day and many border towns buckling under the strain of so many non-citizens. Public pressure to “do something” is intense.
George Bush pushed hard for “comprehensive” immigration reform (meaning a combination of a path to citizenship for illegals and tougher border enforcement). John McCain and Teddy Kennedy crafted a bipartisan bill that passed the Senate by 62 to 36. But then the Republican-dominated House wrecked the whole thing in a fit of crude nativism.
Thankfully, the reformers have not been deterred. There has been a great deal of “scurrying about” behind the scenes, according to one insider. An odd coalition of business groups, trade unions and civil-rights organisations is pushing hard for reform under the umbrella of the Alliance for Immigration Reform 2007. An equally odd coalition of White House operatives, Democratic leaders and reform-minded Republicans is also working in the same direction. A new version of the McCain-Kennedy bill could be launched as early as mid-March. And Harry Reid and Mitch McConnell, the two parties' leaders in the Senate, have said that immigration will be one of the first ten bills they will consider. This time the chances of success are higher than last.
The main reason is the new Democratic majority in the House. The most virulent opposition to reform came from Republican House members who were obsessed with cracking down on illegals and building a 700-mile (1,125km) fence along the border with Mexico. Now that the Democrats are in the majority, Zoe Lofgren, the head of the sub-committee on immigration, thinks a deal is at least a possibility.
The reformers are also adopting a tougher tone. The new McCain-Kennedy bill will put more emphasis on beefing up the border, punishing errant employers, enforcing the law and assimilating new immigrants. It will also try to rebut Republican charges that it rewards lawbreaking and offers amnesty. Two current ideas are to impose a hefty fine (up to $5,000) on illegal immigrants who want to become legal, and to make illegals return to their countries of origin (“touching base”, in the jargon) in order to apply for legal entry.
The reason for this toughness is that comprehensive reform has little chance of passing both Houses on the backs of Democrats alone. A significant number of so-called blue-dog Democrats from conservative districts have every reason to steer clear of such controversial legislation. There is also a strong undercurrent of protectionism in the Democratic Party, which suspects immigrants of holding down American wages and stealing American jobs. Insiders calculate that they need about 20 Republican votes in the Senate and 40 in the House.
The reformers will have to overcome some big political and practical problems. Why should Democrats co-operate with Mr Bush on immigration, when they can wait until they capture the White House in 2008 and solidify their lead among immigrants for a generation to come? And why should congressional Republicans change their minds on this most emotive of issues? The vast majority of these members represent white conservative voters who regard immigration reform as a reward for breaking the law and a guarantee of the “Mexification” of American culture. The minority who represent more mixed districts are well aware that 70% of Latinos voted Democratic in 2006.
The practical problem is that the proposed bill will become so tough that it is self-defeating. Why should illegal immigrants come out of the shadows if they have to “touch base” and put themselves in the hands of America's notoriously slow and inept bureaucracy? And why, for that matter, should liberal interest groups support a bill that might seem punitive?
AP
Still, it would be a mistake to write the reformers off. The Democratic leadership risks provoking a backlash if it refuses to put its weight behind the bill, particularly among Latinos, who desperately want the mess cleared up. And the Republican Party also contains some powerful pro-immigration forces. American business strongly favours immigration reform: parts of the economy such as hotels and agribusiness depend on immigrant labour. “Big tent” Republicans also favour reform.
Karl Rove, Mr Bush's chief strategist, has long pointed out that it is stupid to alienate America's fastest-growing minority—particularly one as culturally conservative as the Latinos. In a swathe of states that Republicans need to retain the presidency, their numbers are crucial: New Mexico is 43% Latino, Texas 35%, Nevada 24%, Florida and Colorado 20%.
The November elections have also strengthened the hand of the big-tent Republicans. Several high-profile immigrant-bashers, such as Arizona's J.D. Hayworth and Indiana's John Hostetler, lost their elections. And John Boehner, who was one of only 17 House Republicans to vote against the party's border-protection act, has become minority leader.
Over the next few months everything will depend on the delicate politics of bipartisanship. Immigration reform gives both sides the chance to blame the other for failure. But it also gives both sides a chance to share the praise for a wrenching but necessary reform. The stakes for everybody involved, not least 12m illegal immigrants, could hardly be higher.
===
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Send an e-mail to letters@economist.com to comment on this article you have read in The Economist or on Economist.com requesting them to cover IV and its issues
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raajpagare
01-24 04:46 AM
I have receiived the exact same RFE and the interesting thing is that my company is neither a staffing or a consulting company. Its a services and product based company.
The RFE states that if the petitioner is engaged in consulting or staffing, then send the supporting documents. But my company is not, so what are we suppoesed to send? Will write back on monday what the lawyer says.
The RFE states that if the petitioner is engaged in consulting or staffing, then send the supporting documents. But my company is not, so what are we suppoesed to send? Will write back on monday what the lawyer says.
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gimme_my_gc
10-19 01:38 AM
Hi All,
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
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Dj-Studios
05-23 03:57 AM
I am going to take that as a VERY big complament. Thank you nj!:D
acecupid
08-04 10:55 AM
It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
My lawyers opinion was completely opposite to yours. It does not harm the employee nor the employer in any way. If it did then employer would never agree to it in the first place. Also, there is no effect on the existing EB3 application. There are numerous lawyers like Murthy and Ron Gotcher who have written articles on the ease with which this process is possible and published their success stories.
Maybe its time you got a new lawyer and maybe its time you posted your details on your profile.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
My lawyers opinion was completely opposite to yours. It does not harm the employee nor the employer in any way. If it did then employer would never agree to it in the first place. Also, there is no effect on the existing EB3 application. There are numerous lawyers like Murthy and Ron Gotcher who have written articles on the ease with which this process is possible and published their success stories.
Maybe its time you got a new lawyer and maybe its time you posted your details on your profile.
vkjanam
03-31 12:38 PM
Done.
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