Wednesday, June 15, 2011

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  • karanp25
    06-13 10:10 PM
    Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?

    There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?

    By the way I m Eb2 2006.


    Were you qualified to file EB2 on the date your EB3 LC was filed? This is preposterous and i agree with earlier postings that EB3---> EB2 conversion should not be allowed. If you want eB2--then you should get a later priority date when u indeed became eligible for EB2.





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  • dealsnet
    10-12 08:37 AM
    Your situation is complicated.
    There is a 240 days rule to stop working, if H1B is pending for an approval.
    It is for working with the same employer. Transfer may be diffrent.
    But since it is a premium process, and your I-94 is expired, you need to be very careful.
    You are now out of staus, I fear.
    So rush to a good lawyer and contact USCIS.





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  • LostInGCProcess
    06-12 05:17 PM
    Hi All,

    I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.

    Company B has bought Company A. What should I do now?

    1) Do I have to ask them to file a fresh H1?
    2) how would the GC process be transfered to the new company that took over?

    I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.

    Can someone shed some light on this scenario?

    Thanks,
    RC:o





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  • telekinesis
    11-18 03:41 PM
    At least we know one of mdipi's lacking personal traits include good sportsmanship! :-\

    This battle is over, lostinbeta is the obvious winner, thread will be closed later tonight!



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  • zico123
    05-17 01:53 PM
    According to BBC:
    Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm

    The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.

    Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.

    US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.

    The proposal comes after months of bitterly fought debate over the issue.

    Points system

    After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".

    Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.

    Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.

    New limits would also apply to US citizens bringing foreign-born parents into the country.

    The bill also establishes a two-year temporary guest worker visa.

    Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.

    The bill is expected to cause passionate debate in the Senate next week.

    Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".





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  • horscorp
    02-06 01:21 PM
    Hi Ann,

    Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.

    Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?

    thanks again!

    horscorp


    Hi Horscorp,

    It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.

    Ann



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  • crazymish
    03-06 12:33 AM
    your wife is exempt from EAD/AP fees. If you apply online for her EAD or AP, the system will automatically figure that out and will not charge anything additional

    Thx for the reply, one final question on the same lines per the reply above, if I were to file online, would the system ask her to go for fingerprinting again, i heard that if we were to apply paper based then we do not need to go again for a fingerprinting session. Please do share your thoughts here people.





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  • needhelp!
    11-27 05:24 PM
    I don't think this will jeopardize their cash flow. Surely they will charge 3 times more for a 3 year renewal. It will just make life easier for us and them.

    And then I will complain about having to spend for a 3 year renewal when I 'expect' to get my GC within a few months.



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  • Jipjap74
    04-26 05:49 PM
    Hi Dealsnet, thank you. This was the information I was looking for.

    IVGCLIVE no idea why you are so angry with the world.





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  • msp1976
    04-23 01:32 PM
    No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.

    The S 9 was introduced in the first day of senate..
    They are gonna fill up the language any time they like...
    One fine day you are gonna wake up and find the bill getting debated...



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  • sertasheep
    04-03 05:51 PM
    Jinger,

    You will be able to plead hardship based on humanitarian grounds and family unity to get your spouse into the US, if you already have a GC provided the GC holder is doing work in the national interest of the US (physician, scientist, et al) .At least, there is a solution to this particular problem.

    There is no solution, other than legislative change to the objectives listed by the IV team.

    you should visit kamya.com for spouse related issues.





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  • resident1374
    02-03 09:59 AM
    Thank you for your help. I will definitely contact an attorney for my case. Hopefully, I will receive an approval without any hassle.



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  • krucie
    03-16 05:03 PM
    saps,

    Thanks for the response. I have the receipt notice & approval notice for my 485 and 140 respectively. I am planning on interlinking our applications on my own, without the use of an attorney. I did however speak to a previous attorney of mine, and his recommendation was to wait until my spouse received his 485 receipt notice, and then send a letter to USCIS with a copy of both our receipt notices & marriage certificate asking them to merge both applications, with him being the primary applicant, and me being the derivative applicant.

    However, since my spouse is concurrently filing his 140 & 485, I wasn't sure if his 140 needs to be approved before we interlink the applications. The attorney said that as long as he had his 485 receipt notice, the applications could be interlinked, but I wanted to be sure how his I-140 would tie into all of this. Any thoughts?





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  • roseball
    04-04 02:21 PM
    Hello Everyone, I have one specific issue.
    My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period.
    Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?

    Just use your valid H1/H4 visa for travel. If you had applied for I-485, then you would have had an extra option to apply and use AP for travel. Since you haven't filed I-485 yet, you can continue to use H1/H4 visa for travel while you wait to file I-485. Btw, if you are already over your 6 year H1 visa limit, then having an approved I-140 entitles you to get 3 yr H1 extensions whenever you are due for H1 renewal.



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  • waitin_toolong
    11-21 09:43 AM
    the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.

    The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.





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  • waitingmygc
    10-12 07:08 PM
    Please ask an attorney.

    why?
    If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.

    I advice you to consult a good attorney.



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  • meridiani.planum
    03-10 08:21 PM
    Hi,

    I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.

    What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.


    Please adivse.

    Thanks and Regards

    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...





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  • skp71
    05-06 10:10 AM
    If that's the case why should they pre-adjudicate 485s? Lot of guys getting REFs whose PD is 2003. If USCIS wants to approve after 3-4 years, they would not preapprove 485s. That logic won't work out.


    If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.

    So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.

    I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.

    My 2 cents.





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  • forgerator
    05-06 08:25 PM
    I would be interested in knowing as well.





    anilsal
    12-19 12:30 PM
    Good to know that. Actually, I have never called his office! I am doing that right away...
    Not from the bathtub. ;)

    Post your experience with the call.





    morchu
    05-05 12:16 PM
    The key is "same or similar" employment. Wage, Location etc can be different.

    Having a huge difference in wage (higher/lower), might need a good explanation, since a huge difference can point to question on the "same/similar" behavior of the new job.

    Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.



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