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  • pcs
    12-30 09:18 AM
    Applicable to all retrogessed guys...

    Case deatils :

    Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression

    Next step H1-B transferred to new employer & redo Labor & I-140.


    Question :

    Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485

    Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????

    Please share your info as the attorneys are nuts..


    Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??

    Please provide with the link


    CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???





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  • rockstart
    10-29 09:32 AM
    Few facts that you need to get clear.

    1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.

    2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.

    If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.





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  • fatjoe
    09-05 10:28 AM
    Thanks Divakar for your prompt response. Could we say that it has been 90 days since we filed, when it is actually only 50 days.





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  • redcard
    08-17 03:08 PM
    Sounds like someone at SSN office who may not know much about immigration.
    If your I 797 came with attached I94, then you certainly can apply for SSN card. Just ask for supervisor at the SS office and talk to them.

    If your I 797 does not have attached I 94 (meaning that you are still in H4 status), then I do not know for sure what the procedure would be to apply for SS card.

    Good Luck.

    Thanks redcard,
    Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?


    If your H1 approval notice did not come with the I-94 printed on it, then Canada is definitely an option to get it stamped, however its always better to get the first time stamping done in your home country.

    You could also get your status changed while in US, but that would take additional fees and time. Speak to your H1-b sponsor about it.

    btw, I would still check the approval notice to make sure that notice does not have an I-94 printed on the bottom of it. The I-94 printed at the bottom of the notice will have the same I-94 number as the one you have stapled to your passport, but will now have your status as H1 instead of H4.



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  • transpass
    01-30 10:34 AM
    rajiv gupta - ceo of rohm and haas
    ramani ayer - ceo of hartford financial
    deepak jain- dean of kellogg school
    late s chandrasekharan - nobel laureate from u chicago
    shantanu narayen - ceo of adobe systems





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  • vempati
    09-13 08:53 AM
    Cngrats vempati:)..is your 140 approved from NSC or TSC?
    and at what time is your application signed by R. Mickels ?

    Received @ 9.01 AM, Mine approval from TSC..



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  • karthikdurai
    02-01 09:00 PM
    Hi Everyone,

    My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.

    Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.

    Thanks if you can help me out

    Regards
    Karthik





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  • sundarpn
    08-01 11:44 PM
    EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.

    I was contemplating on job change before dates became current in June and decision to accept 485....

    Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).

    Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).

    So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)

    (I am single and those complexities are not to be considered I guess yet.
    Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)



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  • raydon
    09-16 11:18 PM
    It might be difficult to switch to F1 from H1, especially after getting into the greencard process. Since the F1 visa is a non-immigrant type, you might need to demonstrate that you have no intention to immigrate.

    Alternatively you could do the part time MBA on H1, if your employer is supportive of that. Full time MBA on an H1 could be dicey. You need to find out if it is doable with EAD status.





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  • VisaHelp
    07-26 01:51 AM
    Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.

    1. Am I currently out of status or okay because of the RFE?
    2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.

    My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?

    Thanks.



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  • lostinbeta
    11-02 05:01 PM
    me2 is good. I can't come up with a good grunge image to save my life....haha, which is weird because grunge is about as unstructured as possible.





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  • hpandey
    11-16 01:30 PM
    DREAM Act should actually be called DREAM ON Act... its been hanging in the air since 2001 . Next year it will complete its decade of political verbal support and all its supporters can be happy that it survived another year.

    Any politician supporting immigration bills this year is not going to be in office next time.



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  • ndbhatt
    11-08 01:57 PM
    You are counting one visa per person in EB3. Remember that applicant's family members too take away visas from these numbers. On an average it is considered as 2.5 visas per primary applicant.
    Also, the last I remember, the country cap was 7% and not 10%, unless things have changed since then.





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  • desi3933
    06-22 09:50 AM
    [QUOTE=desi3933][COLOR="Blue"]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st


    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.

    I have answered this question in my last post (#1 in post). Here we go again --

    By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.

    Not a legal advice.
    -----------------------------------
    Permanent Resident since May 2002



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  • hpandey
    06-18 02:27 PM
    It is currently taking a long time to adjudicate MTR's ( for some more than a year or so ) . I would say file a MTR and also file a new perm labor . I suggest going with EB3 rather than EB2 since rules for EB2 are now more stricter than before along with more scrutiny and RFE's. But its your own choice.

    I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .





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  • EkAurAaya
    10-18 06:07 PM
    Oh yeah. We still have to fight Anti-immigrants even after we obtain naturalization.

    Actually even after we obtain Citizenship... unless our skin color magically changes with Citizenship j/k :D



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  • logiclife
    09-28 09:56 PM
    Hello Guys,

    Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.

    I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.

    Thanks.

    Please title your threads appropriately. Your thread title was "Newark NJ ASC". What does it mean? I have corrected it.

    It not only is easy on other people's eyes, but you would do yourself a favor and draw more responses to questions you have if you ask the question in titles because the title appears on the homepage and seen by around 600-1000 people at any time.

    Everyone, despite requests, people start new threads titled :"Please help" or "RFE" or "Question" or "140" or "I485".

    What is so difficult about framing a short question and putting it as thread title?





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  • mavrick
    06-02 05:38 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.





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  • whitecollarslave
    01-28 05:04 PM
    Sabeer Bhatia - Hotmail
    Suhas Patil - Cirrus Logic
    Narinder Kapany - Father of Fiber Optics
    Vinod Dham - Father of Pentium
    Deepak Chopra

    I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
    Thanks.





    dpp
    10-18 01:13 PM
    He Leo. You are great. Thanks a lot. It appears that they have my fp when I applied previosly for security clearnace. or Port of Entry.

    Thanks
    REQUIRE_GC

    When they do FP, they tries to match with criminal database. Why do they want to match to the Port of entry or Security clearance database and give RED color warning. I think it is something you need to work with your attorney. Even in Name check, they tries to match with Criminal first, middle or last names and if match found, they do some investigation on your case. Same logic goes with FP. They won't match with good records, but they tries to search in bad records. It is simple common sense. Nothing to panic, but check with your attorney.





    smsthss
    07-02 10:16 AM
    I just spoke to my attorney. He told me that he also have the same information that we guys know. He told he is on top of this (keeping track of the developments). He also told me according to him..that the revised july visa need not necessarily come out on 2nd or 3rd. it may be now or mid july. He also told me..there might not even be a revised bulletin. Nobody is sure. He told he is tryin to rush in his applications. Told me..mine was going out today.



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