kprgroup
12-28 10:05 AM
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
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hey.camelo
06-01 11:03 PM
Hi, I would like to change job but my credit history is so bad. credit score is in recovery stage. I was unable to pay credit card debt and worked with settlement company and settled all the cards..I paid every thing as of last month. But there were delequencies still appearing on my report..
I am working for a decent company, but i would like to change the job due to uncertainity and very less compensation..
It is very very urgent. Can some one suggest if there will be any issues that matters job switching. In general, will the companies pull credit reports and deny jobs based on credits...Will the credit history matters.. I did not had any foreclosures or bankruptsy.
Plz plz suggest..looking for a way around..
I am working for a decent company, but i would like to change the job due to uncertainity and very less compensation..
It is very very urgent. Can some one suggest if there will be any issues that matters job switching. In general, will the companies pull credit reports and deny jobs based on credits...Will the credit history matters.. I did not had any foreclosures or bankruptsy.
Plz plz suggest..looking for a way around..
gcwait2007
06-30 12:07 AM
I have similar issue and spoke to my Immig Attorney, who advised me as follows-
(1) In order to maintain your resident alien status, you should be in USA more than 181 days, in other words it is adviseable to stay less than 180 days outside USA.
(2) It is adviseable that you return to USA, ASAP, once you get CRIS email that GC approval has been provided.
(3) I believe you are going to use AP. You would prepare your I-94 card at the POA and the POA officer would ask you where you are employed before putting stamp on I-94. Be prepared to answer that question. Most likely 99%, the POE IO will not ask any proof. However, it is adviseable to have a current job (sort of Employment Verification Letter) and leave letter approval.
All the best.
(1) In order to maintain your resident alien status, you should be in USA more than 181 days, in other words it is adviseable to stay less than 180 days outside USA.
(2) It is adviseable that you return to USA, ASAP, once you get CRIS email that GC approval has been provided.
(3) I believe you are going to use AP. You would prepare your I-94 card at the POA and the POA officer would ask you where you are employed before putting stamp on I-94. Be prepared to answer that question. Most likely 99%, the POE IO will not ask any proof. However, it is adviseable to have a current job (sort of Employment Verification Letter) and leave letter approval.
All the best.
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indi_gc_need
01-29 10:48 AM
Where are you in GC process ? Labor / 140 /485 ?
As long as you have a valid H4 visa, you can enter back with out any issues ... Discuss with an attorney, who will provide you specifics you are looking for !
As long as you have a valid H4 visa, you can enter back with out any issues ... Discuss with an attorney, who will provide you specifics you are looking for !
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Lisap
09-07 01:43 PM
Thank you!
Dhundhun
10-28 01:35 AM
Good finding. They should push quarterly overflow to keep them busy.
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wandmaker
11-16 01:05 AM
I understand the 180 days rule after filing 485. what if the eb3(140 approved) based 485 has been pending for 180 days, and a newly approved eb2 140 has just been ported to the pending 485.
Yes, 180 days rules applies to your 485 receipt date on your receipt notice.
Is there a rule that the 180 days started over again after porting, since it's a new 140, which implys the applicant intends to work for the 140 position for a period of time.
There is no rule that makes the "180 days" clock to restart.
What are the risks if the applicant changes the job right after eb2 140 gets approved, and changed the underlining 140 of the pending 485 from eb3 to the newly approved eb2.
There are no risks as long as your eb2 140 is approved, you have crossed 180 days count. Additionally, AFTER you have received a confirmation from USCIS that your eb3 to eb2 porting is successful and the new approved 140 is the underlying petition to support your 485
Yes, 180 days rules applies to your 485 receipt date on your receipt notice.
Is there a rule that the 180 days started over again after porting, since it's a new 140, which implys the applicant intends to work for the 140 position for a period of time.
There is no rule that makes the "180 days" clock to restart.
What are the risks if the applicant changes the job right after eb2 140 gets approved, and changed the underlining 140 of the pending 485 from eb3 to the newly approved eb2.
There are no risks as long as your eb2 140 is approved, you have crossed 180 days count. Additionally, AFTER you have received a confirmation from USCIS that your eb3 to eb2 porting is successful and the new approved 140 is the underlying petition to support your 485
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honge_kamyaab
08-01 09:02 AM
How long on average does it take to get labor approval into my lawyers' hands from BEC once it is approved (certified status shown on the BEC website).
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dreamgc_real
05-04 10:02 AM
Hi,
I had my last name misspelled and middle name missing on my filed perm labor application and it was filed on 12/12/2007. It was selected for audit in Feb 2008 and have not received any update until now. Can this error in my name be corrected on my application. Please advice.
Sorry to say this, but it was dumb to have sent an application with misspelled last name! You got to check and recheck before filing it.
DOL audits do take a long time, write to them about the error. Also, get the help of an attorney (labor or immigration)
I had my last name misspelled and middle name missing on my filed perm labor application and it was filed on 12/12/2007. It was selected for audit in Feb 2008 and have not received any update until now. Can this error in my name be corrected on my application. Please advice.
Sorry to say this, but it was dumb to have sent an application with misspelled last name! You got to check and recheck before filing it.
DOL audits do take a long time, write to them about the error. Also, get the help of an attorney (labor or immigration)
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indygc
10-09 10:54 AM
Hi,
My attorney had filed our 485 at Nebraska SC on July 30th. She didnt file EAD & AP.
On August 10th I myself filed EAD & AP at Nebraska SC. I got receipts for AP. For EAD, they have sent back our docs saying that 765 has been filed with improper fee (guy who picked the file is not aware of July VB fee valid till Aug 17th). So I have sent back the documents with a cover letter stating we come under July VB, after a week they sent back the packet again with same reason to file with proper fee of $340. I dont want to waste time and energy.. so this time I have sent $340 and after a week on Oct1 we got receipts for EAD.
Mean while I called USCIS to check the status of my 485 and luckily got the receipts numbers from them. The file has been transferred to Texas.
My questions are:
1.The received date on the EAD receipt is stated as September 27th. But the very 1st time we filed was August 10th. So would they treat our file as that filed on August 10th or Sep 27th???
2.My EAD & AP are at Nebraska and 485 is at Texas..would that cause any delays..concerns?
Anyone been thru such experience. Please throw some light.
Thanks in Advance
Indy.
My attorney had filed our 485 at Nebraska SC on July 30th. She didnt file EAD & AP.
On August 10th I myself filed EAD & AP at Nebraska SC. I got receipts for AP. For EAD, they have sent back our docs saying that 765 has been filed with improper fee (guy who picked the file is not aware of July VB fee valid till Aug 17th). So I have sent back the documents with a cover letter stating we come under July VB, after a week they sent back the packet again with same reason to file with proper fee of $340. I dont want to waste time and energy.. so this time I have sent $340 and after a week on Oct1 we got receipts for EAD.
Mean while I called USCIS to check the status of my 485 and luckily got the receipts numbers from them. The file has been transferred to Texas.
My questions are:
1.The received date on the EAD receipt is stated as September 27th. But the very 1st time we filed was August 10th. So would they treat our file as that filed on August 10th or Sep 27th???
2.My EAD & AP are at Nebraska and 485 is at Texas..would that cause any delays..concerns?
Anyone been thru such experience. Please throw some light.
Thanks in Advance
Indy.
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ssdtm
03-14 04:44 PM
No need for exp certificate in applying for H1.
At embassy/consulate, for visa stamping, you should keep it as they may like to verify. It is not mandatory but good to have.
At embassy/consulate, for visa stamping, you should keep it as they may like to verify. It is not mandatory but good to have.
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GotFreedom?
07-24 01:46 PM
Your H1-B visa approval notice for the new employer comes with the new I-94 when you renew/transfer it, that is valid till the visa expiration date on the notice. Check the apporval notice and there must be a detachable perforation at the bottom which says I-94 on it. This new I-94 needs to be attached to your passport. If you do not have it, ask your employer, they might have it. Legally, you should have that I-94 in your possession.
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marcus12
01-29 08:33 PM
Hello Guys
These forum is great
I have a question. I have a student visa now from last 4 years and before these student visa I started a small business in India. i didnt expected it to grow much but now it has grown. I have used money from that business for my 2nd MS which is not completed yet
Here is the problem
I am getting married in May. Till May I can stay here legally but than once I leave and get married I want to come with my Wife. So I have 3 options
She apply alone for visitor visa ( chances are less for these)
She come as dependent ( I dont have any income here or any source of income from college)
I leave my student visa and we both apply for visitor visa. These option has a lot of risk but its the best I am thinking as I am not interested in going to college anymore
What you think which route I should take?
These forum is great
I have a question. I have a student visa now from last 4 years and before these student visa I started a small business in India. i didnt expected it to grow much but now it has grown. I have used money from that business for my 2nd MS which is not completed yet
Here is the problem
I am getting married in May. Till May I can stay here legally but than once I leave and get married I want to come with my Wife. So I have 3 options
She apply alone for visitor visa ( chances are less for these)
She come as dependent ( I dont have any income here or any source of income from college)
I leave my student visa and we both apply for visitor visa. These option has a lot of risk but its the best I am thinking as I am not interested in going to college anymore
What you think which route I should take?
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guchi472000
02-13 10:13 AM
Hi
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anantc
09-08 02:02 PM
Hi,
I do not see any EB3 alone approvals (with no porting). Can people please update here if there are any EB3 485 Approvals so that we can get some pattern out of it.
Appreicate your response EB3 guys..
:)
I do not see any EB3 alone approvals (with no porting). Can people please update here if there are any EB3 485 Approvals so that we can get some pattern out of it.
Appreicate your response EB3 guys..
:)
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WeShallOvercome
08-03 12:38 PM
I was wondering will we get the I-485 Receipt notice directly or Lawyer or both?
If you signed G-28 : Only lawyer
If you didn't : Only you
If you signed G-28 : Only lawyer
If you didn't : Only you
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amulchandra
02-28 12:15 AM
Pappu /administrators,
Please check this link...Does anyone know about the following. Is this useful to us in anyway?
http://immigrationportal.com/showthread.php?t=241405
This is the content of the above link from immigrationportal.
I have been speaking with the producers of the Trevor McDonlad show regarding immigration visa scams and also the problems we face with renewals, retrogression and children also still aging out despite the CSPA (Child status protection act) and especially what happens if the petitioner dies as in my case. They are looking for people who's American dream has turned into a nightmare and sure there must be thousands of us
They are flying from the UK and a group of expats are meeting with the producers on 21st Feb 07 in the Davenport area in Florida which is near Disney
No filiming will take place on wednesday but filming will be on Friday to be confirmed. A famous Newscaster Nick Owen is flying to Florida to take part in the filming
If anyone would like to attend and share their heartfelt experiences please send me a pm with your contact details
Should you be unable to attend then please call or e-mail the assistant producer as below
Gurbir Dhillon - Assistant Producer - ITV
Tel: 44-207-316-6448
Mob: 44-7768-725121
gurbir.dhillon@granadamedia.com
Regards Sue,
www.floridavillas.com
Please check this link...Does anyone know about the following. Is this useful to us in anyway?
http://immigrationportal.com/showthread.php?t=241405
This is the content of the above link from immigrationportal.
I have been speaking with the producers of the Trevor McDonlad show regarding immigration visa scams and also the problems we face with renewals, retrogression and children also still aging out despite the CSPA (Child status protection act) and especially what happens if the petitioner dies as in my case. They are looking for people who's American dream has turned into a nightmare and sure there must be thousands of us
They are flying from the UK and a group of expats are meeting with the producers on 21st Feb 07 in the Davenport area in Florida which is near Disney
No filiming will take place on wednesday but filming will be on Friday to be confirmed. A famous Newscaster Nick Owen is flying to Florida to take part in the filming
If anyone would like to attend and share their heartfelt experiences please send me a pm with your contact details
Should you be unable to attend then please call or e-mail the assistant producer as below
Gurbir Dhillon - Assistant Producer - ITV
Tel: 44-207-316-6448
Mob: 44-7768-725121
gurbir.dhillon@granadamedia.com
Regards Sue,
www.floridavillas.com
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reddymjm
05-15 06:34 AM
If your I-140 gets approved when you are already in the sixth year, can you still seek the 3 year extension?
Yes U can.
Yes U can.
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pappu
05-26 10:08 PM
Check
http://immigrationvoice.org/wiki/index.php/Investor_Green_Card
http://immigrationvoice.org/wiki/index.php/Investor_Green_Card
pappu
06-15 05:39 PM
The Conrad 30 J1 waiver program has been extended to September 09.
I believe IV core has been actively pursuing the Conrad 30 Improvement act. Can core please update us regarding the chances of this legislation passing in September 09 ?
Yes that is correct. IV core member Paskal has been leading this initiative from the front. He will provide an update. If you are part of the IV Physicians group, you may find more information from him.
I believe IV core has been actively pursuing the Conrad 30 Improvement act. Can core please update us regarding the chances of this legislation passing in September 09 ?
Yes that is correct. IV core member Paskal has been leading this initiative from the front. He will provide an update. If you are part of the IV Physicians group, you may find more information from him.
gparr
November 16th, 2005, 10:33 PM
Was trying to do something different with the petals of a white Persian violet bloom. I could not isolate the bloom from the other blooms in the planting, but not sure if that matters or not. Does this shot work on any level or should I have moved on to something else?
Gary
http://www.gparr.com/images/persianvioletwhite.jpg
Gary
http://www.gparr.com/images/persianvioletwhite.jpg
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