Tuesday, 7 June 2011

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  • furiouspride
    04-24 08:01 PM
    Contact an attorney mister. Duh?





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  • kondur_007
    03-23 01:33 PM
    Hello gurus,
    need little help from you guys. Right now i am on H1b.
    I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

    I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
    so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

    H1bdude1

    I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.

    However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.

    Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.

    Good Luck.





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  • gcseeker2002
    04-28 05:50 PM
    Below is my understanding as I searched for answer sometime back.

    yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.

    If anyone thinks othewise, letme know.
    There is a major thread in this forum about changing jobs after 140 and keeping old PD if we file new labor and 140 with new employer. Many people even confirmed this with their lawyers, now why is the issue of Ac21 not invokable coming up?? If you have approved 140 go ahead, get your 3 yr extension of h1b and transfer it to some other employer, only problem, you have to restart the process but will get old PD after labor.





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  • funny
    09-16 12:22 PM
    It happened to me as well, Last year my denied my Wife AP the Reson was that her 485 is approved, we send them the letter that its not the case and it was a mistake.....In the end we had to re- apply. I wonder if they can Print it on the same day in case of an emergency, why can't they give you the one which is already approved....weired people ...weired USCIS...



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  • humdesi
    12-21 08:30 PM
    If you were born in India, EB-2 or EB-3 doesn't matter.
    Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.

    Good luck!





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  • nogc_noproblem
    07-18 11:10 PM
    I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

    After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

    I have EAD and AP but wondering why I can not transfer H1B?

    I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.


    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)



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  • myvoice23
    07-31 01:05 PM
    1. When to be there
    not less than 15 min. of your appointment. If go and stand in line, they will send you out.
    2. What documentation to carry.
    Your EAD Receipt, 485 Receipt, Photo ID(TX Licence)
    3. How about parking
    It is open parting and free. you have plenty of parking space.
    4. Any questions (so that I can compile and ask)
    ask for name check status. If not cleared ask for when it was initiated.





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  • Madhuri
    08-30 08:04 PM
    But if somebody wants to be in Canada for citizenship he has to stay there at least 3 years. After this period if he gets a fresh H1 for the same company and assuming that hsi PD is current, I am wondering if he can still file I-485 based on I-140 approved 3 years ago?


    It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485



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  • makemygc
    06-14 11:20 AM
    Any one???
    I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.

    Note from Immigration-law:-
    It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.

    Can someone answer please???





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  • shana04
    07-31 10:27 PM
    I had infopass appointment 2 days ago to enquiry about name check status. You stand on the line the security guy check your infopass appointment confirmation letter, and verifies the appointment time. if it is > 15 min. then he asks you to come 15 min. before. The receiptionist calls the next person in line. Takes the infopass appointment cfrm letter, and ask for what is the purpose of the appointment. Once she verifies it, If she gives you a token then you will go inside and talk to immigration officer.

    myvoice23, thanks for information.



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  • austingc
    09-01 10:21 AM
    Thank you for your help in this regard. My attorney submitted

    1. Expert Opinion Letter
    2. University Letter

    and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
    Mine was PP.
    That’s great news. Congratulations.





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  • lj_rr
    08-02 06:54 PM
    Same day - never?
    It takes 1 or 2 days depending on the rush.

    Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.

    Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.

    Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?

    thanks



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  • manderson
    09-21 03:05 PM
    Hello. I am wondering which is the main factor behind getting your GC independence from your employer - the 180 day test or AC21.

    In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?

    I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....

    Thanks is advance.





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  • brij523
    02-28 03:18 PM
    bump up



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  • nozerd
    03-26 02:30 PM
    More than Salary its location which matters.

    50K in MS = 60K in TX = 80 K in CA = 90K NYC





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  • SCHOOL HOUSE - public domain



  • addsf345
    11-21 02:45 PM
    It is mentioned in my LC approval, the job code is: 15-1032 Computer Software Engineers, Systems Software

    However my new job is 15-1053.00, and not 15-1032

    Can this jeopardise my pending AC-21? :confused:



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  • JEESEE
    05-11 01:29 PM
    Thanks bkshres.

    When last time we entered in USA in Feb 2009, We used our H1/H4 visa to enter even if we had our AP in hand. So Her I-94 will show H4 stamping.

    Will that make her ineligible for Applying for FAFSA?

    Thanks





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  • Pineapple
    07-12 10:30 AM
    There is also a bill for introducing a flat tax. We know where that is going to wind up in the election year.. :D

    That is the point: It is an election year, and Mr. Tancredo wants to be president.
    Use your common sense, guys...





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  • ksvreg
    09-25 11:16 AM
    My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?

    You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.

    Please advise.





    ashkam
    10-24 02:41 PM
    Thank you. I don't think there's such a thing for I-140 probably because things are not as complex as they are for an I-485. They just check for a valid labor certification wherever necessary, experience letters and the company's ability to pay, that's it.





    chem2
    06-15 09:07 AM
    if you completed an I-9 with your employer after you recd your green card, you may be able to ask them if they are willing to let you make a copy from their files.