Saturday, June 25, 2011

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  • qualified_trash
    12-15 11:35 AM
    I think if you have 2 years left, you will get H1 transfer and the new H1 will have 2 years. After those 2 years, you will get another 3 years if your 140 is not revoked by your previous employer.

    he can get a 3 yr extension no matter what because I am assuming that he will go through PERM and have his I140 approved through the new company in a year or so.

    the only benefit of the old I140 is to port the Priority Date.




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  • fromnaija
    07-25 12:20 PM
    You don't sign I-140, your employer does. Only exception - self-petitions.

    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?




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  • MArch172008
    05-24 03:02 AM
    How much time it is taking for I140 processing ?
    Is there any hope in near future for priority dates to be current?

    regards




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  • drona
    09-10 02:19 PM
    We've had 19 members join WA State Chapter in the past two days, let's keep it going. Please get active in your state chapter and help IV succeed.



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  • MARY_GC
    08-24 06:52 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

    Thanks for ur information.I had 2 more doubts.
    1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
    2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.




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  • OLDMONK
    06-15 03:07 PM
    its 11 digit the alien number on ur I94 card.

    I read somewhere that A# is assigned for life, thats the reason for my belief that its not I-94#, but seems like I may be wrong.



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  • reno_john
    06-18 12:34 PM
    U need to Say the last entry because H1B visa will tell you the stamping city. SO u can go ahead and tell them the port of entry u came to USA after H1B stamp, since u will be sending a copy of ur passport and they will see ur Canada visa and also the H1 visa with Canada as the date of issuance and that will be in the USCIS database, because they verify before they issue the H1 visa.




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  • hmehta
    07-14 02:12 PM
    Yes, that is partially true. But then again they have to prepare identical set of documents, paperwork for both of us - so they are charging for the amount they invest in that.

    What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?



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  • royus77
    05-28 11:19 PM
    Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.

    Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting




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  • meridiani.planum
    12-19 12:45 AM
    There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.

    The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.

    Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.

    seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
    1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.

    2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.



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  • invincibleasian
    02-06 05:09 PM
    I dont have EAD so I cannot comment!




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  • smuggymba
    09-16 07:45 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you

    Imagine if everyone uses bold font:mad:



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  • zCool
    04-01 03:40 PM
    Looking at your scenario
    Moving to another employer and keeping 485 alive is only theoretical option to you.
    In reality and practical terms your plan is fraught with risks and is probably not worth it.
    If your situation isn't dire and current employer is paying on time and this next employer is not "once in a life-time" type of opportunity.. STAY!




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  • koppula09
    01-04 05:43 PM
    Thanks a lot for your quick response guys. I decided to wait till INS decision to approve the H1.

    If it is +ve there wont be any problem, well & good!

    If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.

    Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.

    I believe these options looks logical. Hope verything goes well!



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  • bijualex29
    06-08 03:50 PM
    Man I tell you, In India people openly takes bribes and they call it as bribes. He we makes it as an official word called Primium processing, I call it as Sofisicated word for bribe only.




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  • Madhuri
    06-05 11:02 AM
    My I-140 case status (NSE) used to say 150-180 days, now no more time line words in the status. Just they say they will notify you when decision is made, I thought that was because I 140 premium is coming soon, they changed the wording.

    Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.



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  • sk2006
    08-19 12:45 PM
    Is there anybody who got a mail like I got?




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  • yabadaba
    06-24 05:23 PM
    ^^^^




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  • file485
    09-27 11:16 AM
    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..




    Anders �stberg
    May 1st, 2005, 02:26 PM
    Very nice, love the "wheel spin". I can see how it would take a couple of shots to get a good one with that shutter speed.




    grupak
    12-10 09:47 AM
    there is a way to contribute less than $100

    Use paypal and send any amount you like to
    donations at immigrationvoice dot org

    Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100

    Please post contributions on the main fund drive page, and motive others.



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