rocky17105
07-29 09:48 AM
Could anyone senior in the forum please let me know if there is any way for me to get 485 reopened sooner where its USCIS mistake to deny 140 and 485.
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istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
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hijackers
04-27 10:24 AM
Since you got your H1B approved, it is risky to take another chance with lottery. With the approved H1B you can transfer it. In the meantime from this time till October you can get your OPT extended but you have do it within 30 days of receiving your H1 notice. Dont worry, you are not out of status. Look out for a job now.
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punjabi
07-27 02:10 PM
Thanks for sharing!
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whoever
12-13 12:33 PM
Try next time asking a question with all details so you are not misunderstood. It does not seem to me anyone is trying to scare you. What would they get anyway by scaring.
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Ennada
01-20 01:37 PM
This looks great.....good work.
:)
:)
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gcisadawg
02-24 10:42 AM
He is the best player in cricket history. I admire his passion and dedication about cricket.
Congratulations to all cricket lovers...
We will remember this record all our life ...
He has a great array of batting records...
Some I can think of are..
Second highest number of ODIs ( 2 more to equal S.Jayasuria)
Second highest number of tests ( 2 more to equal S.Waugh)
Most runs in ODIs, Tests.
Highest individual score in ODI.
Most number of centuries in ODI, Tests
Most number of 50s in ODIs.
The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!
Congratulations, Sachin!
Congratulations to all cricket lovers...
We will remember this record all our life ...
He has a great array of batting records...
Some I can think of are..
Second highest number of ODIs ( 2 more to equal S.Jayasuria)
Second highest number of tests ( 2 more to equal S.Waugh)
Most runs in ODIs, Tests.
Highest individual score in ODI.
Most number of centuries in ODI, Tests
Most number of 50s in ODIs.
The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!
Congratulations, Sachin!
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ita
08-22 09:20 PM
Gurus,
I just thought of sharing some good news. I spoke this afternoon with USCIS office about my pending EAD(renewal), at the same time I asked the lady to check my I485 (PD: 11/08/2005), she forwarded my call to Level 2 support guys. He said FP,NC,Back ground check everything is cleared and also case is assigned to IO.
Just a small suggestion/clue to my friends,
when ever they ask "when did u file the application(I485) tell them your PD not the date that we all recently applied(if you have applied recently, I mean last year Jul/Aug)". Also don't call them on Mon-Wed, call them on Thursday or Friday (I recommend), so they will answer you guys politely. Complement for every say of them. Just a good word or humble will pay us back. I am sure about that.
Please don't take me wrong.
-Prasad.
Would you please let us know what #(extensions) did you call? Was the person who initially answered your call IO or National CS? What did you ask the person who initially answered your call upon which she forwarded you to second level support? Appreciate your answers. Thank you.
I just thought of sharing some good news. I spoke this afternoon with USCIS office about my pending EAD(renewal), at the same time I asked the lady to check my I485 (PD: 11/08/2005), she forwarded my call to Level 2 support guys. He said FP,NC,Back ground check everything is cleared and also case is assigned to IO.
Just a small suggestion/clue to my friends,
when ever they ask "when did u file the application(I485) tell them your PD not the date that we all recently applied(if you have applied recently, I mean last year Jul/Aug)". Also don't call them on Mon-Wed, call them on Thursday or Friday (I recommend), so they will answer you guys politely. Complement for every say of them. Just a good word or humble will pay us back. I am sure about that.
Please don't take me wrong.
-Prasad.
Would you please let us know what #(extensions) did you call? Was the person who initially answered your call IO or National CS? What did you ask the person who initially answered your call upon which she forwarded you to second level support? Appreciate your answers. Thank you.
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girishvar
08-12 07:27 AM
People who follows Gotcher school of immigration follows CP over AOS. more details @ www.immigration-information.com
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
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EndlessWait
02-21 03:41 PM
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
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bijualex29
03-24 12:32 PM
Please read 140,000+290,000 as 290,000+480,000
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wam4wam
09-18 02:20 PM
http://yahoo.reuters.com/news/articlehybrid.aspx?storyID=urn:newsml:reuters.com: 20060918:MTFH27357_2006-09-18_15-18-53_N18207230&type=comktNews&rpc=44
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whattodo
05-02 01:30 PM
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
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stueym
04-04 03:33 PM
DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Nice one, although you are 2 days too late with your "special" news. :D
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Nice one, although you are 2 days too late with your "special" news. :D
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rta2009
11-25 07:38 PM
I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
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thadipalam
10-25 01:12 PM
Does anybody have an experience of Chicago/Waukegan office?
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krishna007
05-05 03:15 PM
I am similar situation (not laid off, but would like to change to employer other than one for which H-1B is approved) and spoke to a lawyer. You can apply for H-1B transfer even before Oct1st(H-1B start date). But, apply in premium processing so that your CAP-GAP benefit will not get screwed up.
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DSLStart
04-11 05:46 PM
First, get a new attorney and have him file G-28 for your 485, that way you'll control your 485, and also start the job hunt.
I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.
I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.
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dealsnet
03-24 12:54 PM
Do you filed I-485 for her ?
If not try to get H1B for the residency.
Most of the hospitals are non-profit, so it is cap except, no lottory is required.
If not try to get H1B for the residency.
Most of the hospitals are non-profit, so it is cap except, no lottory is required.
Leo07
02-17 04:24 PM
you can find this on state Dept site.Although, this is the first one that I came across, it appears that this will be updated monthly. ( this one is dated Jan 30,2010)
Source:Welcome to Travel.State.Gov (http://www.travel.state.gov)
Where does one get this document that you have posted here?
Source:Welcome to Travel.State.Gov (http://www.travel.state.gov)
Where does one get this document that you have posted here?
pointlesswait
04-28 09:24 PM
when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Pointlesswait,
Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.
Thanks.
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Pointlesswait,
Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.
Thanks.
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