Tuesday, June 28, 2011

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  • amo76
    04-19 10:14 AM
    I've been doing some research and It looks like I'm might have to file amended I-140 concurrently with my I-485.

    Has anybody gone through this process before?





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  • krithi
    02-07 03:56 PM
    Do we need original copy of 485 receipt when travelling using AP.

    Thanks,
    Java





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  • narendra_modi
    06-23 12:16 PM
    YouTube - Pakistani Student refuses to take award from US Ambassador (http://www.youtube.com/watch?v=se5_vkzT1Ps&feature=related)

    a paki ..double standard, want a western degree , want money..what a arrogance ..

    ..there are perhaps thousands like him here among us....USA (Harward) educated brain against USA, supply US provided technologies to North Korea and Iran...





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  • sembat
    08-17 04:15 PM
    Greetings,

    I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?

    If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?

    Thanks
    k



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  • nagu
    03-13 07:29 PM
    My H1B transfer got denied on last month because of end client contract was not provided.

    At this time, we are trying get to all contract details(start to end client) and file new h1b petition (CAP Exempt) on premium processing and Lawyers are suggesting me to go for Counslar Processing.


    I want to know What are options have to selected on I-129 for counslar processing (I am going through Lawyer However, I want to ensure that we are selecting right one)

    On I-129 Form, Part 2,

    Question 2: Basis for Classification (Check one):

    a. New employment (including new employer filing H-1B extension).

    b. Continuation of previously approved employment without change with the
    same employer.

    c. Change in previously approved employment

    d. New concurrent employment.

    e. Change of employer

    f. Amended petition

    Question 5: Requested Action (Check one):

    a. Notify the office in Part 4 so the person(s) can obtain a visa or be admitted.
    (NOTE: a petition is not required for an E-1 or E-2 visa).

    b. Change the person(s)' status and extend their stay since the person(s) are all
    now in the U.S. in another status (see instructions for limitations). This is
    available only where you check "New Employment" in Item 2, above.

    c. Extend the stay of the person(s) since they now hold this status.

    d. Amend the stay of the person(s) since they now hold this status.

    e. Extend the status of a nonimmigrant classification based on a Free Trade Agreement. (See Free Trade Supplement for TN
    and H1B1 to Form I-129).

    f. Change status to a nonimmigrant classification based on a Free Trade Agreement. (See Free Trade Supplement for TN and
    H1B1 to Form I-129).


    Any help appriciated.





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  • logiclife
    07-03 06:52 PM
    You will get a 3 year H1 with new company if you have an approved labor and approved I 140 with any company. Any company really means any company. If you have worked or not, have an H1 or not, etc. etc - nothing matters.

    To get a 3 year H1, you need an approved labor and 140 from SOME employer, whether its your past employer, your current employer or a future employer.



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  • dallasdude
    04-15 01:50 PM
    Why risk it? Avoid going there if possible.





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  • nsn1234
    07-27 12:11 AM
    Hi,
    my original labor got approved with a PD in July 2007 with Company A who is my current employer. I also applied for a seperate 140 based on a pre-approved labor in July 2007 with Company B and the PD for that labor is in 2005.

    i was told that i can apply for 140/485 with my original labor and once the 140 for the pre-approved labor is approved, i can request for replacing the 140 with the other one with an earlier PD.

    could any one repalce the 140 like this? if yes, how long it took for the process. does both 140 needs to be approved to do the interfiling?

    what details we need for the 140 that we want to use. just the filing date, A# & approval date or the original or copy of the approval notice.

    if Company B or its attoreny is not willing to provide the 140 details or approval notice, is there any way to get those details from INS.

    i dont have any details with me except that i know that they applied for 140.



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  • achu
    09-26 03:45 PM
    Technically, you can do that. But it's better for you to transer your case to consular processing if you are not planning to be in the US for a couple years.


    I forget to mention that it is for my wife. she is my dependent with EAD and AP. i know if she have green card she have to stay 6 months in usa. it that applies to EAD and AP also.





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  • gcdreamer05
    01-02 12:41 PM
    I dont know your exact visa background, but why do you want to use EAD, it is always better to stay on h1, if you are planning to shift employer then do h1 transfer. There are lots of threads explaining the pros and cons of using AC21 and switchin to EAD etc... but the safest way is to stay on h1.

    If you can then i would suggest staying on h1, if you are shiftin employer talk to new one to ask for h1 transfer...



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  • marty
    12-11 11:36 AM
    Apparently, no movement for EB3 ROW from November 2006 - April 2007:

    November - 2006: 01AUG02

    April - 2007: 01AUG02

    In May 2007, it jumped to 01AUG03. I hope that there will be a movement in Jan 2009, Feb 2009 VB but looking at the trends it doesn't smee like there will be any.





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  • deafTunes123
    08-13 08:53 PM
    I've seen people getting the GC Approvals even though their PD is not current. But close to current published dates.

    Good Luck to you and Keep your fingers crossed. Technically you are not in, but still you may be in. You never know with USCIS.



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  • chrisj
    04-03 07:17 PM
    I ran into similar circumstances in 2008 and i accepted some amount on 1099. So far nothing has happened. At that time money was more important for me than anything else. It was just one instance in my 5 years on H1. Right now i applied for I-140 and waiting for approval. I maintained my H1 status pretty good all the time. If there is ever an enquiry i'm thinking of explaining the proper reason why i accepted the payment on 1099. Hopefully there shouldn't be any problem.
    To sum it up, It is illegal to accept payments on 1099 when you are on H1. And i would advice everyone to stay away from 1099. Every case is different and you never know what is going to happen





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  • indyanguy
    10-14 09:51 AM
    Mine is 11-3021.00 job zone 4 applied in Jan 2009. Anxiously waiting. :-)

    What is the reason behind you saying 'case may be audited' for the OP. Just curious to check your side of thoughts.

    Per lawyer, almost all EB2 cases are being audited (due to the harsh economic climate). DOL believes that if a job falls under Job Zone 5, then it requires enough preparation to justify a EB2 filing. If it falls under Job Zone 4, it's not "normal" and DOL would usually require a Business necessity letter.



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  • rajnag21
    07-03 07:23 PM
    Hi,
    I have a question about this. Suppose one had a labor and 140 approved from a company and wants to go to another company. can one file 485 with this other company ? It is for EB3 category.





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  • piyu7444
    04-05 02:03 PM
    Thanks for reply. So at what stage candidate become part of communication in GC process. Or can start keep tracking the case.
    Thanks.

    It all boils down to the relationship you have with the employer and how flexible they are w.r.t immigration policies etc.

    I know of people who were involved from day 1 till they filed 485 and I know of people who were not involved untill filing of 485 had to be done.

    Your case it looks like that employer wont tell you if he has an approved 140. If that is true then you will only get involved when your PD is current- to file AOS.



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  • kumar26fl
    08-18 09:46 PM
    Hi,

    I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.

    My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.

    Any suggestions please

    thanks





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  • thebullspeaks
    03-06 11:06 PM
    http://www.isnamerica.org





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  • chintu123
    12-21 05:44 PM
    Hi ,

    Here is my scenario

    H4 visa----oct-2007 to sept-2010
    Entered US---oct--2008 on h4
    Filed for h1---april 2009
    H1 approved---aug 2009

    Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.

    The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010
    My questions are

    1. How safe is it to apply COS at this point
    2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
    3.in worst case if the payroll is not run by him what would be the best course of action

    I would appreciate your response

    Thanks





    reddy2cool
    08-26 01:55 PM
    Thanks for sharing the info, But seriously do you want to believe this kind of source (friends lawyer close to uscis) not even from infopass or any kind of believable source? How about it if lawyer is having just fun at our expense.





    rkanth12
    08-27 02:08 PM
    Hi guys,

    I am in real need of suggestions for attorneys in the area. I am in PA, and need a good attorney (since mine just dropped off the face of the earth). Don't really care where he/she is, but I want to go with someone that it's been suggested by other immigrants, rather than other attys.
    Please reply with suggestions. I appreciate it.

    Thanks.

    PMed you. Let me know if you need any more information.



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