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  • meridiani.planum
    03-12 02:43 PM
    One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.

    Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.

    Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.

    I have NEVER worked for employer X, It was a future position and I may still join them.
    I have approved 140 and 485 is pending for about 9 months.
    EAD is approved and so is AP.


    Please help guys!

    you dont need to refile PERM and I-140. Since your I-140 was approved and 485 is pending for 9 months you can simply invoke AC-21 and move to another employer.

    See questions 2 & 3 here:
    http://www.murthy.com/news/UDac21qa.html#3

    Did you ask the attorney why they think you need a new filing when you qualify for AC-21 on your existing filing? this might simply be a misunderstanding...





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  • Nil
    05-04 05:07 PM
    i travel this leg regularly - at least once every year. 2 hrs is good enough. Pls ensure you have a stamped visa when returning.





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  • invincibleasian
    03-02 12:22 PM
    Hi All,

    I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.

    I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.

    Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.

    I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!

    This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.

    Only thing though is my wife would need to attend interviews.

    Any suggestions/feedback will help me and all other people in this situation.

    Thank You,
    The 116

    Medical institutions will apply for a H1 for her. Dont waste any time. She can start applying ofr residency as soon as she completes her USMLE part 2 and then start preparing for part3 good luck!





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  • retso
    09-07 04:03 AM
    My lawyer had applied on August 25th for the LCA. We got to know on September 3rd that there was an issue with the FEIN. We emailed the required documents to DOL on September 4th.
    My H1 expires on September 30th and consequently my I94 on October 10th, so i'm a bit concerened.
    I will post an update when I hear something from DOL.

    Just want to confirm that I have till October 10th to get my petition to USCIS. Anyone?
    Also, do i have to leave the country by October 10th if I can't get the LCA issue fixed/ petition mailed?



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  • axp817
    04-11 07:14 PM
    Given how soon (after the layoff) the soft LUDs appeared, it is highly unlikely that they had anything to do with the layoff, unless your employer revoked the 140 a few days/weeks in advance given the impending layoff.

    I haven't heard of companies doing that but you never know.

    Like someone else suggested, getting a new attorney to submit G-28N is probably a good idea.

    If I were you, I would do the following.

    1. Call the old employer's attorney and check if the 140 was revoked, or if it is going to be revoked.
    2. If the answer to the above is no, check with the attorney if they are willing to forward any future USCIS correspondence to you.
    3. If the answer to #2 is 'No', get a new attorney to do a G-28N as soon as possible, and then look for a new job that qualifies for AC-21 benefits.
    4. If the answer to #2 is 'Yes', then you don't need to do a G-28N right away, and could do it after you start the new job. This is just in case if the new company's attorneys require you to do a G-28N through them.

    Good luck. Keep us posted.





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  • franklin
    07-21 08:33 PM
    I did a very similar thing.

    My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.

    Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).

    I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.



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  • dealsnet
    10-25 08:05 AM
    I found this in WWW.immigration.com


    "Spoke with an IO in TSC (via POJ) and came to know that my case is pending b’cos visa numbers are not available. I was like what >!”


    When I asked IO if 2008 quota visa numbers released at all after 1st Oct 2007 …. Answer I got back was…..”yes” but they were released before 1st Oct 2007 and already got consumed in September 2007…. Now they are waiting for state dept. to release more 2008 quota visa numbers it seems……and IO on call didn’t have any clue on when the new visa numbers will be released from State Dept."





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  • kalyan
    07-07 12:46 PM
    Invite the Senators to this meeting.

    Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .

    Invite the Heads of DMV so that they can address our driving problems

    Invite SSN people local heads.


    When we do this, we can pay for their expenses to join us in that meet.


    I am open to it. Not only by contribution but also working.



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  • vxg
    12-31 01:57 PM
    See my answers. WE just came back on AP, no issues.
    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us?
    YES
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
    NO
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
    In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.

    Your help is greatly appericated.

    Thank you.





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  • cr52401
    04-23 08:57 PM
    Guys, today I got our permanent residence visa from Canadian consular in LA that I almost had applied three years ago.
    The visa is valid until June 9, 2007 and I really can not get my job done here in US until then. It is just too close. Even kinds will be in school by then.
    Any one knows that if I can apply for an extension or not? I really don�t want to let it go since we spent so much money for it.
    Any help is appreciated.

    Thank you.



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  • nhfirefighter13
    October 25th, 2004, 10:00 PM
    I have a really hard time focusing on the fence in the first two. I would pick three as my favorite but only with a slight lead over four. I actually like the grean in four as it adds a nice variation is color...but I don't like the ceramic thingy.

    Nice texture in all of them though.





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  • Nitu Singh
    06-12 07:31 PM
    My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:

    1) Can I change the employer after I get my 3 year extension on H1 ?

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?

    I really appreciate your valuable inputs and help me out.
    Thanks a lot!



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  • visaspirant
    10-22 02:14 PM
    Thanks again Elaine, for clearing much of the fog in my mind!

    So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?

    Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?

    Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?





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  • gc_aspirant_prasad
    07-18 10:44 AM
    My attorney has indicated that we wont have to refile. They had sent it to NSC around July 3.



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  • manderson
    07-13 12:51 PM
    like filing EAD and AP but not 485 (per Greg Siskind's opinion - Siskind-haters pls don't kill me!! :) )





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  • Aah_GC
    07-11 05:01 PM
    You have an immaculate sense of timing! Had they processed your application a week late - you would have received only one year EAD card. No wonder you are called Saint :)!

    PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now


    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.



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  • akhilmahajan
    06-22 08:24 AM
    I-485 can be rejected if filed with incomplete initial evidence.

    Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.

    It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

    Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

    I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............





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  • hebron
    06-22 01:39 PM
    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil


    Hi Sunil,
    I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.

    I am not sure if my experience helps you or not, but please check with your attorney.





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  • roseball
    04-25 03:48 PM
    Folks,

    Appreciate any feedback on personal experiences with visitor's medical insurance coverage. My in-laws are planning to visit this summer and I am trying to see what would be the best available option out there based on your recent experiences. There are plenty of options and I am trying to find one which the hospital/doctor can file a claim directly to or which have negotiated rates and are easy to deal with after we file a claim for reimbursement. I have read that buying insurance in US is preferred over buying from India. Any comments on that appreciated as well.

    Thanks for your feedback.





    svgupta
    05-24 01:16 PM
    Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?

    Thanks,
    theOne

    Kudos!... go ahead and update your signature.... and inspire others as well!





    juhis
    06-14 06:45 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)

    Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)

    Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)

    Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.

    This is what I call a true productive forum. Thanks factoryman for providing this list.



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