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  • namm80
    04-07 10:18 PM
    H1B extension beyond 6 yrs is possible under 2 circumstances:

    a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).

    b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.

    So CADude should get 1 yr extension is worst case.

    Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.

    ok gurus here's my situation..
    1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

    2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

    3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

    4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

    so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
    thanks guys..





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  • glus
    09-24 09:00 AM
    Usually it comes to lawyer.





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  • dixie
    08-22 02:07 AM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.


    See page 3 on this:
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

    If per country limit of 7% stays, how much relief would it bring in terms of
    priority dates for India/China born individuals?

    I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

    Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

    Am I getting too pessimistic?





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  • paskal
    10-22 08:58 PM
    a few hours of your time would be invaluable!
    make it a family thing- take the time to enjoy yourself too.
    but please do help out. needhelp! has put a lot of effort into
    this initiative and good will certainly come from it. now your
    help is needed. come on folks- a couple of hours? surely that
    is not too much to ask for........



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  • chandra_mb
    03-12 12:52 AM
    ................
    Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
    Thanks a lot !!. I am assuming TIN# is the ITIN number (used for tax filing) ? Also, if you dont mind, can you please let me know which state board accepted the ITIN# ? We are planning for NJ or CA.





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  • SunnySurya
    08-04 10:09 AM
    How about some green dots guys for sharing such a inspirational story...



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  • prdgl
    06-28 12:06 PM
    The immigration bill before the U.S. Senate just died, likely preventing any more action on the volatile issue until after the 2008 presidential elections.

    Supporters of President Bush's plan to legalize millions of illegal immigrants and create a new guestworker program fell 14 votes short of the 60 needed in a test vote this morning. That vote would have limited debate on the bill and cleared the way for passage later this week, but senators voted 53-46 against that plan, killing the bill.

    The vote was a huge setback for President Bush, who from the beginning of his presidency has sought to change the nation's immigration laws while beefing up border security.

    Republican conservatives, including Texas' U.S. Sens. John Cornyn and Kay Bailey Hutchison, opposed the plan, calling it amnesty for people who broke the law by entering the country without proper documents





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  • hazishak
    09-21 10:44 PM
    I got both.

    Did everyone get receipt and transfer notice? I ask because I only got Transfer notice, and lawyer is not responding about whether he received a receipt notice(with July 2nd date ) also.

    TIA



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  • manderson
    01-14 02:21 PM
    since you are going to be an entrepreneur on EAD, your circumstances are kind of special (i.e. a GC or citizen entrepreneur doesn't have the extra baggage we carry). so u can join your state chapter in addition to the SBA.

    also look into the Wall Street StartUp Journal - lots of good resources there.





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  • tonyHK12
    11-08 09:24 AM
    CIR was a thorn to many -- mostly because of the amnesty... or whatever for the ILLEGALS...


    Yes I feel at the end of the day most people were against amnesty, and other Bills for Illegals kind of would have lead to it inspite of promising not to (backdoor).

    This was all in spite of them having spent millions of dollars over more than 4 years, along with campaign contributions, processions, strong lobbying and what not, and still no change in law to show for it - back to square one.
    They have a huge advantage over Immigration voice in terms of donors and funding available, which needs to change.



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  • bfadlia
    10-22 01:22 PM
    I can't help but notice that progress at TSC.

    They were processing July 16, 2007 2 - 3 months back.

    One fine day, they updated dates saying that they processed till June 16, 2007. (-ve by a month)

    Last month, they made progress till June 23, 2007.

    Since last month, they made a progress of one day - June 24, 2007.

    Is this correct? or I am a brain dead person? unable to understand CIS processing dates, particulary going backwards really baffles me.:(

    Here's my interpretation:
    say last month, for EB3 ROW, the priority date was Jan 1st 2005, so they pick the cases earlier than that date and start working on them. They then say in the processing website that the oldest case they have worked on among these is july 8th. The following month, the priority date becomes May 1st 2005, so now they have to pull the cases whose priority dates are between January and May and add them to the processing queue. Some of these cases will have receipt dates earlier than July 8th, therefore the processing date this month can rightfully move back to reflect that.
    But of course we also know USCIS doesnt follow a consistent process in pulling cases.





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  • arindamb
    03-17 12:47 PM
    We had to go through the same situation. If you have registered for online notifications then you will get an email about the RFE. The actual letter reaches the lawyer around 7 days after the RFE was generated. So you have enough time to complete the medical tests once you get the RFE email and then submit the response immediately when you get the letter.
    The only thing is that USCIS sends back the original medical form along with the letter and asks the doctor to update that form.

    Hope this helps.



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  • chehuan
    01-18 02:50 PM
    Thanks for the reply
    I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
    if i get an I40 with EB3 and move to another EB2 employer
    It will result in me losing everything except my priority date
    but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
    in that case I lose everything and need to start from scratch
    Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?

    -chehuan





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  • Openarms
    12-05 01:44 PM
    Bump

    what is this bump means???



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  • reddog
    10-18 02:15 PM
    When they do FP, they tries to match with criminal database. Why do they want to match to the Port of entry or Security clearance database and give RED color warning. I think it is something you need to work with your attorney. Even in Name check, they tries to match with Criminal first, middle or last names and if match found, they do some investigation on your case. Same logic goes with FP. They won't match with good records, but they tries to search in bad records. It is simple common sense. Nothing to panic, but check with your attorney.

    That is so not true, you are linking this to the criminal database?
    SO as soon as the finger printing is done, within a fraction of a second, they match your fingerprints to the criminals and even let you know that by displaying a Red sign.
    Leos link has the answer, the red match found error is simply an error between your finger prints taken together and then done individually.

    The Service rep also individually goes thru all the FPs to check if the FPs taken together match those done individually.





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  • arnet
    11-22 09:28 PM
    this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.

    http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia

    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.



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  • mhtanim
    06-07 09:51 PM
    After sending RFE response, I got 1st LUD on 06/02/2009 with message change.

    Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009





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  • freedom2007
    10-22 04:26 PM
    Yup completely agree with Frostrated..
    Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's





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  • gcfriend65
    12-07 03:12 PM
    If your wife has gotten fp notice, then try to go along with her on the scheduled date and time, they could take yours too, provided you get the notice before the day on which her fp is scheduled.
    its so weird, Oh USCIS have mercy on us. go IV





    sledge_hammer
    06-29 10:34 AM
    I thought of adding that in the poll as I am in a similar situation. The only difference for me is that the attorney is a very big law firm and are EXTREMELY busy. My compnay is not able to do anything either since their involvement in I-485 is negligible.

    I am in a bit of a pickle here :(

    How about adding "No control as Lawyer will not inform when he will file".
    This option may be valid for many users using the Corporate attorney.





    msgoud
    03-07 10:05 PM
    my brother got recently married and his wife went to stamping in kolkata and they gave 221g for h4 and 2 days later they even cancelled my brothers exiting stamped H1 and his visa.he is in IT industry

    any ideas whats next for him.
    does he need to apply for a new H1B or can any lawyer help him convince.



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