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  • aamchimumbai
    07-23 09:43 AM
    my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.

    My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.

    Thanks again to all your responses.





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  • mast_mastmunda
    11-10 04:13 PM
    Hi,

    Thanks for the reply and sorry for creating multiple threads.

    - First H1B Employer "A"
    -----------------------------
    Approved: Oct 2006
    Stamped: December 2006
    Visa stamp valid till : Oct' 2009
    H1B transferred to Employer "B" : June 2007
    Traveling to India: November ' 2008

    On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
    I have moved to Employer "B" by that time.

    The Status of I-797 for Employer "A" on USCIS website got changed
    to "Cable sent to American Consulate or port of entry notifying them of approval.".

    My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?

    If yes, doesn't that means that I will NOT be able to use that H1B
    visa stamping and *new* I-797 from Employer "B" at port of entry?

    Thanks again..look forward to your response





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  • unseenguy
    06-09 12:48 PM
    Depends. If you filed under new fees structure, why pay more and travel to Mumbai if you do not reside in Mumbai. Its a waste of time. On the other hand , if you filed under old fees structure, then H1 fees are much lesser than AP fees. So that would make sense?

    Also how many times more are you going to go out of country on H1 again?

    I am saying this from experience. My wife was not granted H1 in India recently. They are issuing high number of 221(g)s and she had to return on AP. So consider all this and apply. If you get 221(g) , ask for the passport to be returned without talkin too much (or mentioning AP). It could result into loss of money and frustration in India.

    If you are in the same job and have paid for AP already, I dont know why you need H1, unless you dont want to renew AP/EAD.





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  • PD_Dec2002
    07-07 09:38 PM
    Hi,

    I will be applying for LC in a few days. So, I want to clarify something.

    My ad says MS + 1 yr of experience.

    Question 1: My 1 yr will be prior to my MS so can i use this experience ?

    Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?

    He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.

    But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.

    What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !

    In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)

    Why can't you revise the ad before publishing it so you do not have to resort to such measures? What's wrong with just a MS? My company files several LCs for MS and they have no problems getting approvals.

    In any case, the answer to your Q1 is Yes. I will not comment on Q2 since I neither encourage nor recommend such deceitful behavior.

    Thanks,
    Jayant



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  • BharatPremi
    12-05 12:22 PM
    Me too! Citizen of India.

    :)





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  • Domino
    04-25 12:12 PM
    I actually did chose the safe option and was approved for the O-1 for 3-years. Hopefully during that time something will happen to help me in the future (like a University Teaching position, or at least proving additionally valuable to the US, etc.)
    So, for now resting from all that..



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  • nomorelogins
    11-21 11:51 AM
    please close this thread.





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  • Milind123
    07-27 12:31 PM
    Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.

    Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.

    Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.



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  • aadimanav
    12-20 06:33 PM
    I found out from discussion about the USCIS Expedite service:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

    "
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    * Severe financial loss to company or individual
    * Extreme emergent situation
    * Humanitarian situation
    * Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    * Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    * USCIS error
    * Compelling interest of USCIS

    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
    "

    I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

    I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

    It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!





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  • arrarrgee
    07-18 10:40 AM
    Diggggggedddd :D

    Dugg!:)



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  • rolrblade
    07-20 01:33 PM
    What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)

    All :

    this discussion is covered in more detail on this thread.

    http://immigrationvoice.org/forum/showthread.php?t=10693

    Please follow it there. It will help answer so many of your questions.

    Sorry techbuyer....to steal your thunder :)





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  • serg
    10-31 11:21 AM
    ...If USCIS takes more than 3 months to renew your EAD, you could visit the nearest USCIS field office and request for an interim EAD after you have accrued 90 days of filing EAD renewal....

    Didn't they stopped issuing interim EADs half an year ago?



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  • shalinip
    03-17 12:41 PM
    Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
    I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
    Here is my petition break down
    1-140 filed-May 2009
    !-485 filed June 2009
    EAD/AP Oct/Nov 2009
    RFE on 140 -Feb 9 2010
    Responded to RFE - Mar 11 2010
    Denial posted on Mar 15.
    Would filing the I-130 affect the refiling of I-140?

    Appreciate inputs provided





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  • go_gc_way
    02-09 12:46 PM
    franklin...good thread.

    Just would like to request you and others who are responding to this thread...to take a look at the following thread.

    http://immigrationvoice.org/forum/showthread.php?t=2700

    This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.

    This is going to increase IV membership too.



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  • pappu
    09-18 10:37 AM
    Healthcare reforms and their covering of "illegal aliens" in question.

    Both are non-issue in this forum!

    Both Healthcare reform and undocumented in question are issues that affect everyone on this forum. The healthcare bill is also important before CIR happens. The posts by blogfeeds are very helpful if you wish to know what is happening around you that affect your immigration issue and what others who work in the immigration area think.

    People need to stop thinking narrowly about their EB3I PDs and visa bulletins only. If we wish to do advocacy effort, a good understanding of politics, current events that affect immigration reform is very important. Our community needs to read more about the political process, how to do advocacy efforts more than discussing EB2vsEB3 fights, tracking or sending junk emails to lawmakers. It only shows our ignorance of American political process.If we do any effort without understanding the political process, it will do us more harm than good.





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  • nacho
    07-15 06:23 AM
    USCIS is not required to return your adjustment of status applications within any timeframe. If your number becomes current before you receive your applications back, i suggest that you send in new applications and indicate on the I-485 that you submitted adjustment of status applications in July 2007 and have not yet received any correspondence from USCIS on the case.

    Can a core team member comment on this please?



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  • sanjay
    09-18 11:37 AM
    AILA Leadership Has Just Posted the Following:


    H.R. 3200: Sec 246 — NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.




    Agreed. But, that is only until CIR is not passed. Once CIR is approved ( IF ) next year, then all the undocumented people will come under the shield and will enjoy all the health benefit government is going to offer at the expense of Tax payers money.





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  • pjalan
    04-03 11:35 PM
    I just spoke with my company's attorney and she said that I shouldnt get RFE on my I-140. And just in case I get she will inform me and work with the counsel of my ported company to submit a response. Hooray....I am going. My employer is a big known MNC so the only RFE that I may get is exp letter which is very unlikely. With economy going down I dont want to wait for another 6 months for my I-140.





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  • tikka
    06-07 01:14 PM
    Have you had a chance to contribute as yet? if NOT please do so soon.
    IV needs funds for lobbying efforts

    thank you


    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:





    GCKarma
    07-21 08:57 PM
    With 485 pending more than 180 days 140 approved ..not using EAD i use ac21 to change job on h1.....in that scenario can i get h1-b extension after six years?...if so for how many years?





    mbartosik
    11-04 12:09 PM
    It sounds like the UK is planning on increasing the points required for residence. I see nothing wrong with regulating the points required for residence based on needs of the country. Here it is done my H1B quota, but they forgot to change the EB GC quota too, and that's much of our aim here. In the UK it is done by points. Of course increasing the points will mean that average wage by those of non-British origin will go up. I'm quite sure that we on H1B have above average wage in US too.

    In the UK things are further complicated because of migration within the EU to the UK both legal and illegal.

    Anyway, this is interesting, but what's happening in the UK is of academic interest only. As far as I'm aware there is not a 12 year wait in the UK for an "indefinite leave to stay" stamp in passport (equiv of GC), and there is not a country quota.

    If we don't work with IV, then Lou Dobbs will be saying that "immigrants are being paid more", and then in the next breath, "immigrants are under cutting US citizens". Hang on, I think that I've heard him say both of these things already!

    That's why we need to act now, before we are kicked out for both earning more and under cutting!



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