Wednesday, June 15, 2011

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  • kk_kk
    02-19 01:28 PM
    I would say go ahead and ask your employer if they can apply another labor in EB2 for the new role. Yes, it is correct that there is a lot of scrutiny these days, but if filed properly and if your compnay has followed all the procedures, your PERM might get approved.

    Good Luck




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  • indianabacklog
    07-27 09:32 AM
    I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?
    EAD is like a free pass to "living". You have the choice to work, not to work, work for yourself, change employer when you wish etc.

    However, if you are the primary applicant if at all possible stay with your H1B employer and let your dependent have this luxury.




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  • piyu7444
    07-03 01:59 AM
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.

    Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.




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  • GCVictim
    03-12 11:22 AM
    My 140 approval updated after 1 yr....



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  • saurav_4096
    06-19 09:53 AM
    Mr. EndlessWait -

    You extended your status, not visa. Please get your basics correct.

    1. Nonimmigrant Visa number
    Visa Number for the last issued visa (does not matter if is expired)
    2. Date Visa Issued
    Date of Issue for Visa in #1
    3. Consulate Where Visa was Issued.
    Place of Issue for Visa in #1

    Good Luck


    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002



    If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.




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  • satishku_2000
    01-07 07:05 PM
    Employers can withdraw the 140 , It could result in NOID for 485 . Please be prepared to respond to NOID.

    By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.



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  • sagi9
    11-15 11:31 PM
    I am from Tucson just started my process early November. Anyone from phoenix or tucson?




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  • dpp
    01-07 08:25 PM
    B. Provisions in Cases of Revocation of the Approved Form I-140

    Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

    As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.



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  • anishNewbie
    09-10 02:54 PM
    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....




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  • nhfirefighter13
    June 4th, 2004, 01:36 PM
    Who'd have thought a photo of a bubble could be so neat? :)


    Those are cool (I like the very first one best) what shutter speed were those taken at?



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  • gcisadawg
    03-25 04:57 PM
    "contact us" gets so many messages everyday (which are first thoroughly cleared by security), that even standard acknowledgement takes days. I don't think your acknowledgement came after somebody read and understood your priority date or country limit immigration concerns.

    security clears of what? Anthrax?
    For heaven's sake, those are just text, right? I dont think we can do an attachment..




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  • pd052009
    04-14 11:51 AM
    Considering,
    - EB3-EB2 upgrade
    - Slow VB date movement
    - No FB spillover
    - Growing economy (which will further reduce the spillover/across numbers further in coming years)

    Have you ever wondered what are the options you have?

    We know, we are stuck with H1. Some of our problems are
    - Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
    - Many RFEs and question with H1 Extn.
    - Getting visa stamp at consulates is a (mental) pain.
    - Consider the time spent from vacation for getting visastamps.
    - Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
    - Pain of planning for a short visit(week) for emergency issues/family functions.
    - Hard time in finding a H1 sponsor for H4 dependants

    We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?

    If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html

    Lets gather in that thread for our relief.



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  • ikass
    08-10 08:47 PM
    IV team - This is a good chance and worthy one to lobby for. Any updates/leadership on this would be appreciated.

    Thanks,




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  • jonty_11
    07-26 02:08 PM
    country and EB1/2/3 would help...??? Plz provide that
    u cud be stuck in FBI namecheck



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  • himu73
    12-08 10:37 AM
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post




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  • amsgc
    04-08 08:02 PM
    Yes we are working on it and will be enhancing it. Please keep adding your details to it.

    The least people could do is put in their country of chargeability, and PD. It is just silly to see country of chargeability as US! Lets get serious people!



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  • freedom4ever
    04-20 07:12 AM
    I filed on March 10 2011 at texas service center, check was cashed on 3/15. Hope that helps.




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  • sapota
    10-23 12:07 PM
    I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
    I just received today my LC after a long wait in backlog from 04/2001.
    1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
    Premium processing for I-140 has been suspended by USCIS. Ask your lawyer if he has read news lately.
    2. How long will be until this I-140 gets approved? Anyone who did this lately?
    I am sure quite a few people applied for I-140(I would guess around 150-200k) among the 320k people who filed these stages because of July VB fiasco. Looks like it will take an year just for I-140 approvals (We need to really observe USCIS trend & guidance after July VB fiasco
    3. I�m filling I-140 together with I-485. It matters, time PP wise?
    I am assuming your priority date is current. Again no PP for I-140.
    4. Is there another�next step� towards the GC or just wait for those to be approved?
    I-485 is the final step.
    5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
    I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
    It generally costs about $2k per applicant (multiply this by members of your family going to apply I-485 with you)for I-485 (lawyer + filing fees) & $1.5k for I-140(this is just for you not including Premium processing)
    I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
    If your priority date stays current, my guess is that you are looking at another year or wait for your actual GC. But you would get interim benefits like EAD, AP, AC21 after you apply for I-485. google?
    You are already 6 years & $35k in the hole. Want to save that investment or cut your losses. Personal opinion matters in that decision.
    Thank you guys for your attention and thanks IV for the good work done so far.
    :)

    Welcome




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  • JSimmivoice
    01-22 08:21 PM
    I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.

    The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.

    So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?




    Aah_GC
    07-21 11:16 AM
    Hi there - thanks for posting this. Am in the same boat as you were. Do you by any chance have that fax number?




    gchopefull
    10-02 02:27 PM
    the RFE was on Ability to Pay



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