Monday, June 27, 2011

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  • looivy
    08-14 12:00 AM
    You will not jeopardize your I-485 as long as job with company C is in same or similar occupation. Whether USCIS will grant an H-1 3 year extension based on a withdrawn/revoked I-140 is not certain. I outlined the reasons for this uncertainty in my response on the thread entitled "Facing Layoff---6 months left..."

    Thanks Ann for your reply.

    So in short, B to C H1 transfer/extension is usually not possible if I-140 is revoked.





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  • asdf74
    10-03 12:20 AM
    I applied under EB2-NIW on July 28, 2007. Under the concurrent filing allowed at that time, I submitted NIW, I-140, I485, and EAD applications for me and my wife. I have changed jobs, and joined a new company last week.

    Since I filed a self-petition, my application should not be directly affected by this move. However what do I need to do to inform uscis about this change, so that my receipts/EAD etc. do not go to the wrong place, or worse, get returned by the post office.

    Please advice. Any additional info/experience would be great.





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  • eswaraprasad73
    04-09 09:28 PM
    Can anyone of you please clarify if we can file I-140 under premium process using Substitute labor.
    I know that we can file I-140 under premium for the non-substitute labor, and I am not sure if we can file under premium using the substitue labor.

    Awaiting for your response
    Thanks





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  • jkays94
    07-10 08:35 AM
    Nothing - this thread may not have merit. Please close this thread

    It has limited relevance, the issue is the integrity of the Senator, he has admitted to the issue at hand but he went on the Senate floor as an elected public official to make declaratory and restrictionist anti-immigration statements, attacked immigrants, proposed and supported anti-immigrant ammendments and all this with the foundation of his positive public image, integrity and moral uprightness. We are thus not discussing the list he is on, but are simply taking note of the Senator's credibility on an issue that affects us. Anything beyond that would be inappropriate and not relevant to our issues.



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  • Blog Feeds
    08-01 07:00 AM
    Australian Immigration Minister Chris Evans announced recently a new agreement between Australia and New Zealand to improve identity checks and border security. Australia and New Zealand recently signed a memorandum of understanding [MoU] to share biometric data, an agreement that will further strengthen our nations' border security. Biometrics is widely used in the international community as an effective tool to manage visa and immigration processes, improve identity management and combat fraud.

    At the Five Countries Conference (FCC) in London a memorandum of understanding was signed between Australia and New Zealand. The Conference enables Five data sharing Countries to exchange information and agree a way forward to improve border security. FCC data-sharing helps to establish the true identity of people whose identities or nationalities were previously unknown or uncertain, and has been used in Australia to check the identities of irregular maritime arrivals, other people in immigration detention and illegal foreign fishers. Since 2006, more than 100 000 fingerprint records have been exchanged, helping Australia and FCC partner countries to establish the true identities and immigration histories of people whose identities were unknown or uncertain. Collection and sharing of biometric data is a proven tool in the fight against identity fraud and can prevent unlawful entrants' efforts to thwart Australia's border and visa processes.




    More... (http://www.visalawyerblog.com/2010/07/australian_immigration_and_new.html)





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  • zram1977
    09-15 11:05 PM
    Guys,

    I found some new information and it seems that few people who are still waiting may get some clue if not complete idea. Basically I found that when your PD is current the the IO will initiate the FP, Namecheck, IBIS check again when your AOS is in "Final Approval, Visa Available" state. Some IOs would just refresh the FP they have on file and some request another . But namecheck is something that you have to go through again. So if you get stuck in namecheck again, then that could be the reason for the delay since NC takes forever.

    Can you please share the source of this info?
    Is it a learned experience or from a published source ?
    Any info is highly appreciated.

    Thanks



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  • REEF�
    05-30 01:28 PM
    The text is a bit hard to read, but I really like the rest of itOh comon you're just too lazy it's perfectly readable :sure:.





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  • rorypirrie
    03-24 02:56 AM
    Seen a lot of this suggestion flying around. Take a look at this post http://www.ritholtz.com/blog/2009/03/solving-the-housing-crisis/



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  • SandeR2
    03-10 11:50 AM
    this one has my vote x 100! Pixels ftw!





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  • minimalist
    05-27 01:24 AM
    1) what will happen if I dont spend the required time in the US next yr ?
    I am not aware of any required time while in adjustment of status. There is on GC but not in AOS pending
    2) Can i apply for AP from outside US next yr
    No
    3) Will i loose my EAD?
    There is nothing like losing. If it expires, you will have to renew it.
    4) What is the process to re-apply if i will loose it?
    N/A

    good luck



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  • Karan
    08-22 05:50 PM
    I've recently filed my 485.

    In my labor and I140 I have my job title as ' Data ware house architect'.

    My H1 says 'Programmer Analyst'. So while applying my 485 I menationed my current occupation as 'Programmer Analyst', which is different from what my labor and 140 says.Will this create any problem?

    Please advise.





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  • blogger
    10-11 05:20 PM
    I currently have an L1 that is valid until Dec 2007. Meanwhile I applied for my H1 this April and I have been approved for H1 (COS) starting OCT 2007. Now my situations demands me to continue on my L1 for another 4 months. I need to send in my extension papers by November as my L1 expires DEC 2007.

    PLease let me know if my H1 will be cancelled/invalid if I apply for my L1 extension.



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  • roseball
    08-19 09:10 AM
    My employer filled EB-2 PERM for me on 12/2007.
    My I-140 is approved on 07/2008.
    Now I am worry about losing my job.
    If this happens, maybe I will switch to NIW pathway later.
    Now I wonder whether NIW can use the PD of PERM?
    My attorney is not sure about this.

    Anyone here succeed in this?
    Thank you very much!

    AFAIK, your PD can be used across any EB - 1, 2, or 3 categories and not EB- 4 and 5. So in my opinion, you should be able to port your PD.





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  • gcnyc
    07-03 02:10 PM
    Hello all,

    My I-140 was approved in EB2 with company B from TSC with PD:01/26/2004 and I-140 pending in EB2 with RFE in the present company A. I do not know at this point when it will be cleared. BTW receipt no# is with EAC. Does it mean it went to NSC for processing? It is high time for me to shift to company B on H1 transfer as per our understanding. Presently I am on 7th year extension and left with 2 months for 8th year ext.

    Questions:

    (1) Can I transfer to company B based on recent I-140 approval and get 3 year extension?

    (2)If I have to get 3 year ext. I have to wait until I-140 is cleared from present company and then got for 3 year ext. then transfer to company B. But I guess it will be long wait and no one know what happens until the RFE is get okayed and I-140 will be approved. So my choice here is very limited in that aspect.

    Crux of the problem is that I have better opportunities out side the present company and running short of time to make a firm decision to tell the present employer that I am looking out side which is very sensitive issue to handle on all other aspects.

    I just received copy of I-140 approval notice from my attorney. So time is running out for me to make a decision in shifitng company from A to B.

    I need your guidance and suggestions in making my future decisions?

    Appreciate every one here.



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  • andy garcia
    01-28 03:32 PM
    I have a original copy whereas the lawyer has the approved I140.

    Should I ask for the original or is that copy good enough?

    This is taken from the 495 instructions:
    Evidence of eligibility.
    Based on an immigrant petition.
    Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative,special immigrant juvenile, or special immigrant military petition which, if approved, will make a visa number immediately available to you.

    You do not need the original at all. It is property of the employer.





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  • ItIsNotFunny
    04-04 12:39 PM
    I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.

    Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?

    If you are out of country for more than a year, your 6 year starts over.



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  • sac-r-ten
    03-03 10:37 AM
    thats very sad and bad on part of the HR. should always use fedEX, UPS for tracking such imp docs. anyways you can use Form I-824 Application for Duplicate Approval Notice.

    google it and it should take around 3-5 months. friend of mine lost it at the photocopier and had to take this route.

    good luck.





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  • asdf74
    10-03 12:20 AM
    I applied under EB2-NIW on July 28, 2007. Under the concurrent filing allowed at that time, I submitted NIW, I-140, I485, and EAD applications for me and my wife. I have changed jobs, and joined a new company last week.

    Since I filed a self-petition, my application should not be directly affected by this move. However what do I need to do to inform uscis about this change, so that my receipts/EAD etc. do not go to the wrong place, or worse, get returned by the post office.

    Please advice. Any additional info/experience would be great.





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  • akhilarmn
    11-24 01:05 AM
    Update on my case, as mentioned above -
    I got the H-1B transfer approval along with I-94. I hope this information helps someone in a similar situation.





    raysaikat
    12-06 08:00 AM
    Is it possible to get F1 status adjusted to H1 without going for a H1 stamping?

    Yes. If you have your H1-B approval notice with a start date, say Feb 1, 2008, and I-94 cards with it, then you will automatically be on H1-B from Feb 1, 2008 (assuming that you have valid F-1 status still Jan 31, in this example. OPT is F-1 status).

    If your H1-B approval came without I-94 cards, then you need to go out of the country to adjust status.





    dilbert_cal
    01-04 05:22 AM
    BeautifulMind,

    Since all of this has already happened, harping on what could had been done is useless. From my limited knowledge of immigration, I think you have no choice but to file another PERM and forget about your earlier case.



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