Saturday, June 11, 2011

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  • Ann Ruben
    02-06 04:39 PM
    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.




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  • shana04
    01-21 09:29 AM
    But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?l

    Nothing


    Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?

    if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21

    But, once you get your GC you need to join employer A

    Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)

    Good luck




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  • paskal
    08-01 12:21 AM
    you have a G28 for every petition
    even if you did not, it's not mandatory
    they can't reject anything for lack of a G28
    it's entirely optional




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  • fide_champ
    04-09 09:09 AM
    Thanks Fide Champ.

    Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?

    If you have the receipt number for the I140, you can check the status. But your employer actually hold all the rights for I140 and they can chose to not provide any information to you about 140.
    If you are willing to spend some money I would suggest Sheela murthy if your case is complicated.



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  • Trackgc10
    10-02 06:53 PM
    Hi:
    Did u submit a copy of approved 140?. I am guessing they requested proof of 140 approval.




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  • panacea
    08-04 02:25 AM
    what does EAD /AP has to do with this?



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  • indi0818
    03-07 12:25 PM
    People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.

    Thanks in advance guys.




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  • Munna Bhai
    01-30 09:33 AM
    Hi,

    -I got my I140 approved in MAY 2006.
    -I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
    - I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.

    -On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
    -My employer responded to USCIS letter with required documents.
    -We are waiting for USCIS decision.

    In this situation
    1.Will my H1B also be revoked if I140 is revoked?

    2. Can I transfer my H1B to another employer. How much time do I have?

    3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.

    Any other suggestions , help that you can do. Please advise?

    Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.

    Answer:Yes, you can transfer, do it as soon as you can.

    Answer:Yes, start new PERM+I-140 and get extension for 3 years.



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  • H1Girl
    02-26 11:51 PM
    I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..

    My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...

    Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...

    My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..

    Please correct me if I am wrong...




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  • ebizash
    05-01 05:13 PM
    I think if you never entered on a non-immigrant visa (in your case H1) after overstaying previous Non-immigrant visa (F1), you could still be in trouble. My understanding is that they wan to see your continued legal presence and maintenance of status from your last entry thru the day when you applied I-485. If the only time you entered US since Jan 2003 is on AP then you might be in trouble.

    This is based on my reading up other posts on IV and may not be accurate.



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  • widad2020
    08-11 09:55 AM
    Carry the new Approval notice(s), copy of entire application, your h1 approval and a couple of your recent paystubs. Should suffice. at the POE the officer will issue a new paper stub I94 that has the 2009 date.

    graj012 is correct.But apply for I-539 extn of Non-immigration status ASAP once she is back from vacation so that her status is also extended and on to your new emplyer




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  • lost_in_gc_land
    10-26 11:40 AM
    Check processing times online for your service center.

    I believe Nebraska Service Center is processing the July 2, 2007 receipt dates so you should be seeing it soon.

    If you are travelling you can also contact the local service center and talk to the director over there regarding this to explain your case (but I doubt this will help too much without a good reason)

    Hang in there (I am right there will you).



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  • devikas81
    06-16 08:12 PM
    EB2 India..My 140 has been approved in May.07, also got EAD/AP but my employer doesnt want to give me Receipt Notice or Approval Notice of 140... So can i leave this company and join different company...
    Pls. advise




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  • smaram1
    08-12 04:19 PM
    Source:

    http://www..com/discussion-forums/i485-1/172162219/

    Posted by willcrack (74) 1 hour 51 minutes ago

    OK...now guys, strictly speaking the memo does not say anything about "conditional" GC...in legal speak. Just that they could revoke it if the person is considered inadmissable after the Name Check results come back. "Conditional GC" per se has the support of the actual statute only for Married to citizen, EB5 investment GC's etc.

    And now for those who feel that USCIS is not approving cases whose NC's are pending, I know 2 of my friends and I whose NC's were pending when the file was with the officer (and approved in a week) and in my case NC was pending even at 6:30pm eastern (when I called the second level IIO at the NCSC) the day before I got the CPO e-mail (next day at 9am).

    I have also seen several cases where people have called/went to Infopass after they got the GC to find out whether the NC was cleared....and it was pending !

    so this should throw away all apprehensions about the 180+ rule not being implemented out of the window...



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  • narendra_modi
    07-07 01:15 PM
    Why can't your friend post this himself?

    You are such a good friend that you care about his immigration needs. ;)

    Is there any problem with my posting ? He sent me an email with the details, so I thought let me put it here, so I did. Thanks, next time I will tell my friends to become member of this forum, which sucks because of people like you.




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  • pathmaker
    09-22 08:56 AM
    Hello,
    Anybody has information to offer for such a case ?
    Thanks.

    write the following on the envlope using marker
    DO NOT OPEN IN THE MAIL ROOM

    and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current



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  • surabhi
    08-11 10:39 AM
    Hi

    You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.

    Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.

    It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp




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  • nogc_noproblem
    04-09 04:50 PM
    1. Supporting Letter
    2. Employment Verification Letter from New Employer
    3 Copies of the Pay stubs from new employer
    4. Relevant portions of AC21
    5. Memo on August 4 th 2003 from William R Yates
    6. Copy of I-485 filing receipt notice for your name
    7. Copy of I-140 approval notice.
    8. Copy of I-485 filing receipt notice for your dependants (if any)

    Hi Gurus,
    I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?




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  • helpmeExperts
    02-14 03:37 PM
    Guys,

    this doubt is bugging me due to recession fears.

    if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
    will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation




    kumar1
    01-15 10:02 AM
    Man, you definitely sound like a multinational manager and worthy of L1A visa. Please tell USCIS that your wife is waiting for her bonus money and she is not readily available to join you on L2, USCIS would mail her Green Card overseas. Under the circumstances, someone from Department of State would personally hand it over to your wife. Thank you your highness.


    Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....

    ----
    Hi Folks

    I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...

    In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??

    In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).

    Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?




    meet
    08-28 10:16 AM
    Hello,

    Just getting tensed, bcos I have cleared some of the interviews but the middle vendor are not ready to provide me with Client Letter which is required for my H1 extension as told my Visa sponsoring Company. The middle vendor will be providing with a Work Order.

    -What are the chances of getting H1 approval without having Client letter?
    -Will work order sufficient document to show INS that the client is requiring me for their project? Or will there be any RFE for it?
    - if there are more that 2 middle layers (e.g. my company -> middle vendor A -> middle vendor B -> Client) , does INS require letter from every layeri.e. from A and B company ?

    Please let me know about it. thanks in advance.

    Meet



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