Friday, July 15, 2011

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  • ChainReaction
    10-19 10:24 AM
    If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
    If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.

    thanks tom for the reply,

    I have one more question what if i am applying for the 6th year extension ( have completed 5yrs already on H1B) can i still get 3yrs extension?
    thanks





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  • cashah19
    06-17 02:37 PM
    To all Bachelors

    1. you can files your I485 and later add your spouse if the dates are current or you have the priority date.
    2.You can apply for EAD during I485 and at the same time can be on H1 unless you don't change an employer using EAD.
    3.Unless you add your spouse to I485 process..you have to maintain your H1 status as your spouse will be on H4.
    4.BY any chance your I485 is approved before adding your spouse(present in US)..you have 180days to apply for your spouse.
    5.If your I485 is approved when your spouse in outsite USA..then you have to go for consular processing.
    6. No one exactly knows if the PD will remain same or not.

    So anyone about to marry or planning to get married,talk to your attornies about your situation and take a decision.


    Thanks for the info. I still have a few doubts.

    For 1. I will be having the marriage certificate at the time of filing, which will be in July. That time my spouse will be in India, as she will apply for her H4 and then come (latest by August). What I wanted to know is that if my PD is NOV 2006, doesn't that make me current. I know people are saying that visa numbers may not be availabe in Sep, but if all PD are current till June 2007, and if my wife will get my PD, what difference does it make if she files in Aug or Dec 2007. What will happen in Dec that will not let her file I-485. I am meeting my attorney next week, but with the pathetic interview scheduling system, it would be good to know so I can get an earlier date for her.

    For 2. If I do change my employer, using my EAD, and if my spouse is in US, what status will that give her. a. If I file her I-485 and b. If I am unable to file her 485, if the visa numbers run out.

    For 6. I am still unclear as to how the PD may not remain current. How can a PD go back, if PD is June 2007, doesn't that mean everyone who has approved I-140 till then is automatically current (No matter when they file).


    I know others may have similar doubts so posting here. I will post the comments by my attorney as soon as I meet him.





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  • vactorboy29
    03-03 03:56 PM
    At what stage will my current job description be matched to the Job description in my Labor or I-140?

    My I-140 is approved foralmost a year now and I had enquired with USCIS a few month ago and they told me my Name check has also been cleared and my case is just waiting I-485 adjudication when visa numebrs are available. I thought when my Priority date becomes current, I will get my GC seamlessly unless there is an RFE.

    Also, is there any documentation that states 50% job description match? This is the first time i'm hearing this criteria. I do understand that if I work as Mechanical engineer, I should not chnage my job to a Software engineer...but will getting a Mechanical Engineering job in a totally different industry be a problem?

    Thanks again for your time.

    Once you invoke AC21 .You may get rfe where your new employment detail will be verify by adjudicator assigned to your case against Perm application. This is very subjective matter depends and how uscis handle your case. I think 50 % matching requirement is not written any where, it is just common practice .No one can expect us to match 100 % job requirement with old labor petition.
    Mostly watch for your EB2 requirement with your job description. Here is the DOL web site link which talks about job description comes under that code.
    http://www.onetcodeconnector.org/ccreport/17-2141.00





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  • Hinglish
    08-07 09:07 PM
    It is absolutely hilarious that people are bickering in a Stop bickering thread !!!!!!



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  • eb3retro
    11-19 11:58 AM
    Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.

    My case Details
    EB3, India , PD Oct 2000(Sub.)
    I-140 / I-485 RD : 2/2005
    I-140 : AD 07/2005
    4 EAD / 4 APs


    i would say its a long wait..its high time u get it..congrats..





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  • bitu72
    04-18 11:43 AM
    my new 140 is file in april and is approved. got my EAD and AP. But no FP.

    I also dont expect to get the GC so fast. its more of a red flag and concern what they are trying to look for.



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  • thomachan72
    05-27 12:26 PM
    My apologies, I thought I was making a point. The point was trying to see and realize that if USCIS was behaving with us this way it is, what would happen if it was a product selling company ? Could it do the same to its customers ? Could customers tolerate it ? Could USCIS have survived ?
    But if I could not show it just ignore my thread or Admin , please delete it.

    Well I can see where you are comming from. Good analogy, however, you forgot to mention the RFEs/NOIDs? pls fit that too into the agenda of the USCIS TV company.





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  • GCNaseeb
    10-01 05:55 PM
    Attorney emailed me this morning all our Receipt Notices for our I-485/I-765/I-131. All numbers start with WAC. Receipt Number of I-485 is the same number as Transfer Notice.



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  • sunnymit
    07-12 03:09 PM
    Tommorow or Thursday

    Wednesday or Friday :) :)





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  • unitednations
    04-23 01:04 PM
    Do you know any example of I-485 got rejected after using AC21?

    My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.

    Thanks,

    USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.

    However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).

    USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.

    Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.



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  • gsc999
    02-11 09:34 PM
    This is a great idea!

    I am sure there are some hikers, walkers, joggers and runners amongst the IV membership or people you might know otherwise. This would be a great opportunity to take brand IV in a new direction.

    I will sign-up too, need to loose some weight :o





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  • kaisersose
    04-16 10:45 AM
    Just a quick question:
    My employer had legal dept and lawer filed G28 form for me when applied for I-485. Do we really need to hire a lawyer to represent us? I am planning to move to client under similar job description this month end and would like to see if I have to file AC21 and change the lawer representation.
    I appreciate any response.

    You do not need a lawyer. Just make sure CIS has your correct mailing address and keep watching your cases regularly for RFEs.

    In the event of an RFE, you can respond on your own most of the times. If you think it requires a complex response or if you are not confident, you can hire a lawyer at that point to respond to that RFE.

    I would even say handling your case on your own is safer as I know some cases where the lawyer goofed up by not responding to RFEs. The applicant was not even watching his case status as he had left everything to the attorney and he had no idea about the RFE.

    It is also not necessary to inform CIS about your job change unless there is a possibility that your previous employer may revoke your 140.



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  • needhelp!
    09-20 07:43 PM
    Point noted. So we sang it for respect. So from what you say, it is possible for one to remain on green card forever? what are the advantages/disadvantages?

    Citizenship comes 5 years later, if one's interested (and may not be everyone's goal).

    Singing a country's national anthem is also different than taking the pledge of allegiance (the latter means you are pledging your loyalty to the United States):
    http://en.wikipedia.org/wiki/Pledge_of_Allegiance

    Having said that, excellent job Pankaj!! You had the crowds mesmerized!

    jazz





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  • vjone
    04-06 04:21 PM
    I guess I did posted in general section. I did not noticed other news sections ...as you can see I am new here.
    And if you just want positive posts ....thats good.

    Then leave some negative thinking,

    I dont have any other details other than ..what I have on my profile.

    i have gotten everything from multiple !@#'s to great but that is not the point. Your profile is empty, there is very little information about you and the first thing you post is something about how H1's getting scammed. To me it would look like a post from an anti immigrant basher trying to muddy the waters. How does this post help any one?..you could have just added it in the news section. Was this article so important that you had to create a dummy profile and post something. You were in such a hurry that you could not be bothered with entering some information about you...isnt it strange...maybe you are normal guy who just read something during your lunch break and wanted to share it with everybody...who knows... A first post could be something like...'i just joined, i have a PD of xxx and i would like to help' would'nt you agree that this is much better than posting something that doesnt help the immigrant community.



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  • dupedinjuly
    07-13 03:00 PM
    2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

    Thats in most of visa bulletins. It would require a change in law. Removing country quota is definitely not the news announcement. However, it is a very good change in the law that is required.

    This is something that's doable without legislation. It would be done for employment based visas.

    I've been reading the posts all day since yesterday. The most plausible "PERMANENT SOLUTION" has to be this. Please read the msg from IV

    1. No change in July bulletin
    2. No change in August bulletin
    3. Well in that case it has to be this. It would be least controversial.





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  • sundar99
    05-03 12:06 PM
    When there are so much negative opinion, instead of chasing this avenue, let us all focus on what is tangible (such as connecting with media and building up public support). If by chance he goes against the legal immigration too, then we burn candle from both ends. The risk is not worth it.



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  • waitnwatch
    07-15 04:19 PM
    Yeah! They're doing advanced I-485 processing for those who will submit their application within the next 2 weeks!!!!!!!!!!!!!

    Jokes aside....that's a typo...

    It is not just 10 days but over 375 days (from July-19-2007 to July-28-2008)

    I can understand how you overlooked this. :)





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  • alterego
    06-20 03:10 PM
    I just called the office of a couple of senior members of the CHC. It takes a few minutes guys and it does make a difference. You only realize that after you call. Find out for yourselves.
    They took down my name and location. If you are in the congressmans district then you definitely MUST call, it DEFINITELY has an impact as your call has five times the impact. Sometimes the aides will actually get into a conversation with you and then you, we and IV get to shine. Our cause is just, our request is least controversial and if we can persuade a few minds we stand a reasonable chance. Let me share with you an example.
    The rep. from Congressman Guttierez office told me they were not blocking this bill, then I suggested that Congressman Guttierez is one of the leaders in congress on this topic and him taking an active lead in supporting these bills will convince a lot of other congressmen, so I am looking to him to lead on this. I told her that all immigration issues has been stalled in congress for over 3 yrs now and he needs to take the lead in getting the ball rolling again. I suggested that this will help build a coalition when CIR bill with most of the employment based provisions are discussed. However a movement on bills such as this will allow others to feel something can be done on this issue, right now there is paralysis. She agreed to speak with him on this and once again reiterated Rep. Guttierez is not blocking the Lofgren bills. I thanked her and asked if she could ask him to consider co-sponsoring the bills. She agreed to pass on the message.
    The other offices took a message.





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  • ramaonline
    01-25 12:37 PM
    I can create a spreadsheet on thinkfree.com or any other collaboration site with information about monthly or recurring contributions
    All those who have contributed please send me the details via private message so that this thread does not get swamped - I will work on it next weekend.





    diptam
    06-10 03:03 PM
    I know this topic has been discussed in other threads as well and those threads got buried over the Period of time but this is getting beyond limit now - let me know if anyone has any good idea or if we can do anything together......

    My PD is EB3 Mar 2005 and my 140 is applied in EB3 May 2007. at NSC (Nebraska) Its been 13 months and no signs of movement and no one is helping . Here what I did on a personal level and here is what i heard.

    a) Contacted USCIS - they said contact employer/lawyer because they are the beneficiary.

    b) Contacted Lawyer - they said 'Pls wait for some more time' & then ask employer.

    c) Contacted Employer - they said that we can't push lawyers unless your case is passed 2 months from Processing Date update.

    d) Contacted Local Congressman - Told them that the Processing Date update is a farce and USCIS (NSC) moves them back n forth just to save their Face. This is really unfair for a certain category of peoples. They took my case no. and inquired and then said that since you have a parallel H1B and a job - we would wait. If your existence in US comes on the Line then we will Jump in and help you. We are sorry but we can't really expedite unless a emergency comes.

    Now tell me folks what other options we all have - NSC is just messing with EB3 140. Whatever is the workload this can not happen. Do we still have some options to work on (apart from sitting idle and pray) ?





    grupak
    07-10 04:51 PM
    EB2 NIW does not give you much benefit because you are still stuck at EB2 PD's.

    The OP is from Egypt, which is current.



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