Saturday, July 2, 2011

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  • dealguy007
    05-19 08:59 AM

    first labor approved in may 2006 under EB3
    140 was approved in 2007

    Since I already had masters before I joined the company
    EB2 labor applied and received approval in Jan 2011

    My attorney applied for 140 porting but received priority date as Jan 2011 instead of may 2006. My attorney says immigrations has made a mistake, attorney contacted them and received a reference number basically asking attorney to call back on Jun 1st. I'm concerned on what went wrong and what could be the worst case scenario. How much time are talking about here.

    Any information will be greatly appreciated.


    It will alright, wait for few more weeks till attorney fixes the issue.

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  • levelup2
    11-21 10:11 AM
    is really useful for me, I am glad to read it here.

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  • phillyag
    07-17 07:12 PM
    I will be filing my 485 due to the current changes.
    I am getting married in December 2007.

    1. I am goin to file for my spouse at that time. Is it necessary that the dates should be current in order to file this amendement?

    2. I understand that one can file amendment before or within 180 days of acceptance of 485. is this correct ?

    3. Is there anyway to know that I am nearing my acceptance of 485?

    Your comments are appreciated.

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  • sri1234
    05-15 05:18 PM
    Hi Sri,

    Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.

    If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers


    Thanks a bunch Ann. I really appreciate your help.
    Thank you IV.
    You made my friday.



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  • sashram97
    09-15 04:23 PM
    My husband thinks if he loses his job he would get unemployment and medicaid benefits if we are permanent residents.
    Now his job is fine, his insurance is going on good.
    But the question is when he loses his job.
    Thats why he is worried.

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  • Kmanne
    03-06 07:35 AM

    My F1 visa (I got 2 yr student visa for Fall 2007) expires in May 2009. I applied for OPT and starting date is June 1st 2009. Since my F1 visa stamping is expiring, what is my possibility of visiting India after May �09? Is there any possibility of extending my F1 Visa for another couple of yrs without leaving the country and continue on my OPT? Or any other suggestions? Please help me..


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  • hey.camelo
    02-06 09:38 AM
    My company applied my GC is EB3. I am on H1b and has close to 15 months of my visa.
    I am currently in 5th year of My h1. I have 140 approved and I want to change my job due to my financial burdens..

    q: Can i change job after getting 3 more years of extension? I meant, Can I transfer the H1 which was applied with 140 after 6 years of stay? Is there a possibility that current employer can do any thing?

    Also, can i port the current priority date of green card and apply a new one in Eb2 future?

    q: Based on the current labor and 140 waiting time, can 15 months will be enough to change the job and apply a green card and get labor & 140 approved?

    if you faced similar situation or having information, can you pass me the same. Thanks a ton.

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  • dilbert_cal
    06-24 09:24 PM
    If your job location has changed from State 'S1' to State 'S2', your labor petition filed from Company 'A' is invalid. You cannot modify your 140 in the sense of changing job location from one state to another. Since your 140 is pending for a good period of time, here is what you can do :-

    i) Get it converted to premium as suggested above and you'll know whether it is approved or not in 15 days.

    If it is approved, you can file 485 based on it but you may have issues in the future ( possible but unknown if it will be caught at 485 stage )

    If it is denied, you are in a soup as without an approved 140, you cannot port your PD.

    Whatever you do, dont move onto EAD and work on EAD until your 140 is approved.


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  • Ann Ruben
    02-01 09:25 PM
    As you probably realize, by transferring to another employer you will have to start the GC process all over--though you should be able to keep your May 2008 priority date.

    Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)

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  • missourian
    06-25 05:00 PM


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  • vikramy
    12-22 01:20 PM
    I did same 4 years ago. You can travel while your H1B transfer is pending.

    1. Can I visit india while my tranfer is pending...???
    Yes you can.

    2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??

    I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back

    3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.

    I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa

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  • pa_arora
    07-31 05:14 PM
    Some of us will be seeing approvals starting tomorrow, the magic date AUG 1, 2008.

    Please post ONLY approvals, LUDs, audits starting Aug 1.

    Good luck to all.



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  • hyoungill
    04-27 04:57 PM

    I am preparing grren card aplication with EB2-NIW.

    I have question about I485, Part2, Application type.

    If my I140 is pending, which type do I (principal applicatn) and my wife (spouse) have to check?

    Some people said that I can check "a" and my wife can check "b".

    Other people said that I can check "h" with "EB2 NIW" and my wife can also check "h" with "filing concurren
    tly with applicant's spouse I-485".

    Could you let me know which is right?

    Thank you very much!!!

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  • jaane_bhi_do_yaaro
    08-06 09:00 PM
    Join the donor, the fun is right in their.

    Is the fun there or fun their (donors)?


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  • satyasaich
    06-14 08:16 AM
    I'm also seriously planning to file on my own. Well, there is no law that stops us, but certainly needs some tips from experienced people.
    Infact as per the checklist, i have all the documents except a letter from employer. That i can get anytime. my big question is are there any other documents that need to be put together (which are not in checklist)

    Any help seniors????


    Can I file 485 on my own. My 140 is approved.

    If so, what is the procedure.


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  • gcwanter
    07-03 10:09 AM
    as far as what i heard from lawyer

    the case to be done by AILA will probably pick up a few cases in particular. But the whole lot who probably applied and will apply in July and get rejected stand to benefit. So my lawyer also advised me to file

    bigger question was ; are these applications actually getting rejected?

    it will be good to get some directions from IV core as to what are the pros and cons of this..


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  • Rajeev
    01-16 08:48 AM
    Thanks Anurakt. I will join the conference call.

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  • macrosky
    11-07 12:51 AM
    thanks, ssdtm.
    Can someone explain a little bit more about changing AOS to CP?

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  • tabletpc
    08-22 03:52 PM
    Anyone got a chance to read this...

    11-24 12:55 PM
    Hi friends,
    Since the h1b quota for year 2009 is not exhausted, can one(company) file the h1b visa right away or do we need to wait for April 2010?

    One of my friends is interested in coming to the US. The consulting company to whom he applied said that they could only apply for the H1B visa in April 2010.

    Could you please advise?


    10-22 11:19 PM
    Could somebody tell me, please, if Uscis is sending 2 notices for finger printing? I mean one notice with one date and another notice with another date?Or is sending only 1 appointment.

    I don't know where I read that you have to go for the finger printing 2 times.
    Is this true?

    Thanks in advance!

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