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  • kate123
    03-07 01:49 PM
    Hi Smuggymba, very sorry to see you in such a situation...

    It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.

    My advice is to you: transfer your H1 as soon as possible before 140 is revoked....

    Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....

    All the best





    6 months.

    Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.





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  • surachi
    01-16 04:00 PM
    Any updates on this issue?

    Thanks

    One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.

    He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.

    He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.

    Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?

    I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.

    Looks like he can get paid by the new employer by 1099, is that correct?.
    Also I�m skeptical about using EAD while keeping your H1 with original employer.

    I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?

    Has anybody done this? If so can I know what are the pros and cons?

    If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.

    Can someone pls share your knowledge?

    Thanks





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  • suratvoice
    12-17 11:06 AM
    Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.

    Where can I find these job codes, I can lookup the old job code because I have the 750, but for the new one, where can i find that, I just have the company's job posting...





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  • sriramkalyan
    09-15 05:39 PM
    Hoo .. i am not attacking illegals .. i just ENVY them ... Powerful senators & congress men are after them ..


    What happened in 2007 is now history. That is not likely to repeat in the upcoming CIR. At this time CIR is the only way to get things moving. Unless CIR is defeated or unless administration says that they do not want a CIR bill, piece meal approach is not likely to happen. Given the situation, asking for a separate bills is setting ourselves for failure, and it alienates us and our issues from the pro-immigration community. At this time, if you call/meet with lawmakers asking for EB only bill, the pro-immigration lawmakers get turned off and anti-immigrant lawmakers use the count of your call to oppose the immigration reform. At this time its a bad idea by calling lawmakers asking for "EB only bill". It will only turn out to hurt our issues and the cause. Additionally, it doesn't help to call specific lawmakers who already understand, agree, support and champion our issues.

    IV do not have a any position on on the issue of illegals/undocumented. And whatever is your personal belief, please understand the reality of the situation and refrain from attacking illegals on IV forums as it doesn't help our cause in anyways.



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  • aries
    09-24 09:26 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!





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  • franklin
    06-19 05:05 PM
    Start worrying about LC approval notice and start working about AOS.

    Aaj kal nav jawanoku, ye kya ho raha hi?

    What?!



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  • jasmin45
    08-08 02:39 PM
    Hi -
    I have seen many scary posts where ppl are asked for W2, Pay stubs etc before filing I-485. What abt after filing I-485? .suppose if I end up being on bench then am I out of status? Pl let me know...It will be a long wait I am not sure it will be easy for us to predit the un-expected......

    Please let me know...

    Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
    Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?





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  • champu
    03-12 09:25 PM
    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)



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  • dummgelauft
    08-20 02:06 PM
    Sir, You while your ideas are defintely ground-braking, my we know, how an "apology form USCIS" will help you with the rest of the "ideas" that your goodself has proposed.

    IMHO, the SINGLE most important "fix" (apart from Visa recpature and such) will be the removal of condition to remain employed, if an EB applicant's application is pending for more than 3..4..or 5 years.

    This alone will bring a lot of stability and peace of mind to the thousands who are suffering.





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  • CADude
    08-03 07:29 PM
    Consult a good lawyer without any further delay. If you are out of status then it's problem for GC also.

    PLEASE CONSULT A GOOD LAWYER TODAY ITSELF.

    This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.

    If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.

    Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.

    The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.



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  • WeShallOvercome
    07-27 02:22 PM
    To be very very safe, make it 180 Business days.:D :D :D


    Good idea, so mark it for first anniversary of your RD :):D





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  • roseball
    02-25 12:58 PM
    I started talking to new employer about my joining and I requested for preparing PERM stuff before I join. This is the only this I want the new employer to do on behalf me before I join with him. The employer said Prevailing Wage determination takes 2 months. And the new employer mentioned that he can not do Prevailing Wage determination without joining. Is this right?

    PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.



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  • maxy
    04-28 09:43 AM
    this renewal i believe will be with new fees, so will it be extended for 1 yr or 3 yrs ?





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  • blackberry
    07-30 01:59 PM
    Many of us are in this situation.
    Can someone throw some light based on prior experience,
    who gets the receipt notice when using G-28.
    #1. Lawyer Alone
    #2. Applicant Alone
    #3. Both lawyer & the applicant.

    --BB



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  • malibuguy007
    12-21 12:37 PM
    Munna Bhai and Walking Dude, if you don't have anything constructive to add, and you cannot encourage others, then please do not litter the forums.





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  • d100763
    06-22 09:26 PM
    VDAMINATOR!
    THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!
    You p0rn lover...
    Touch�...:smirk:



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  • murali77
    06-16 01:39 AM
    Thanks for the reply.

    How difficult is to have name changed in SSN ?

    and how long does it take.

    Thanks.
    Murali





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  • abhishek101
    04-13 03:34 PM
    One of my friends neighbours Aunt who lives in Australia has a cousin in South Africa
    This cousin's sister's uncles' kids' friend got his GC last month, his PD was 2007. He was in EB3.

    I have heard quite a few cases like that,

    like other day I was at Safeway and the counter lady told me that her friend's cousin's son just got the whole process completed in 2 months and that too in EB3.

    I can only say it is just unbelivable that these things still happen in this world. USCIS is just full of bums, we should definitely do some campaign about it.

    But then ignorance is bliss :D





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  • ChainReaction
    07-18 09:56 AM
    Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay the same either way. The bright side is that spouses will get their EADs.
    Mr.Oh also assumes that USCIS processing procedure and speed will not change.
    It sounds like fluff reporting that popular media does. All fluff, no value.:D


    I think USICS will need to open many more backlog reduction center like DOL BEC in order to process currently pending 485 application in addition to 750,000 applications PLUS people stuck at BEC with PD 2000-2003 which will be filed by post june bulletin... and not to mention annual renewal of EAD/AP... We/IV also need to push for 3yrs EAD/AP else we have to file for renewal 9or 10 months in advance :eek:





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    07-12 09:50 AM
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    fromnaija
    07-18 06:41 PM
    I am in the same situation. I have read through the 485 Adjudicator's Manual and would infer that if you are working for the petitioning employer, the employment letter may be RFE. I am still searching for more information on this issue and will post if I find anything.

    Hi Gurus,
    I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..



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