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  • rajenk
    03-25 06:08 PM
    Try h**p://www.maggio-kattar.com. They are my current employer's immigration attorney and they charged $750 for both mine and my wife's case.





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  • aranya
    07-03 06:30 PM
    So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..

    You can move to a new employer and start EB-2 (PERM based LC, I-140 etc.) with them. You can still retain the old PD because your I-140 has been approved.





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  • chanduv23
    04-28 05:12 PM
    A good employer and a good law firm will not have the dirty deals of trying to screw an employee.

    It is true that Law firm is not obligated to answer employee on 140 because it is an employer petition and they may not act against wishes of employer, BUT if they are good people and have some ethics they will send a photocopy to the employee for his/her records.

    FOIA takes time, but one will eventually get it through that channel also.





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  • saurav_4096
    10-15 10:38 AM
    I think you there should not be problem as you have new job offer...

    One thing I could not understand , why have they called for interview ? I know few people in similar situation got their GC mailed to them.

    Have you informed USCIS about AC-21 after leaving petitioner epmloyer ?

    Good Luck...



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  • willigetgc?
    08-04 08:31 AM
    I would think writing back to the Senator's office regarding your email and the unrelated response you got from the office has frustrated you, as the Senators does not seem to understand the problems, and therefore you are asking for an appointment to meet with the senator and explaining it personally.

    You may not get the appointment to meet with the Senator, but you will let them know how badly they are screwing up constituents complaints. By following up and actually meeting with an immigration staff members in the Senator's office will be good.





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  • logiclife
    07-23 11:11 AM
    I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

    Would my transfer affect my 485 processing. If yes, is there a solution?


    GUYS: Do not advise if you dont know AC21 portability for sure.

    To CanadianIndian:

    No. Nothing will be impacted. You can move to a new location.

    During the first 180 days:
    You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.

    After 180 days of filing:
    You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.

    If you 485 is approved in less than 180 days:
    This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.



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  • jkays94
    04-01 10:29 AM
    IT in canada is in a bad shape.....very difficult to maintain a good job.....people get citizenship after 3 years...and they move to usa on TN visa...

    I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.





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  • jonty_11
    06-12 05:14 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
    2 options..

    use EAD and join new empolyer .

    If u dont have EAD yet...do another h1 Transfer



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  • chanduv23
    09-14 12:07 PM
    So when are you all starting ?

    Come on, lets not say 'nay' anymore





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  • Wish_Good
    04-30 12:45 AM
    Hi All,

    My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.

    Looks like USCIS didn�t considered my current company�s approved 1-140.

    Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.

    I don't have EAD.

    Please some one share their experience and suggestions:

    *Usually how much time they will take to respond this kind of Appeals (MTR).
    And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
    *If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.

    Iam really worried, I got 2 younger kids.

    I request, Kindly give me your valuable advice.

    Thank You All,
    Wish Good



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  • gc genie
    11-05 01:34 PM
    Does AP document come to the attorney or the applicant directly?
    Thanks for the info in advance.





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  • chanduv23
    09-15 12:04 PM
    I would say:

    Merge all these threads into one - at least 3 or 4 people can take charge over the thread - the first few posts can be updates and tracking info and finalization of drafts and plans

    Please encourage ONLY members who are committed, they can be ones who have posted real profile and who have joined state chapters - usually state chapter members are verified members.

    It would be great if someone from IV core can also guide on such efforts



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  • seattleGC
    02-24 08:28 PM
    I totally agree. There has to be some way to differentiate else we will be stuck in another retrogression with a few millions people in line.



    Hi Guys,
    In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..

    From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..

    I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
    I request IV to incorporate this in their agenda.

    Cheers





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  • fatjoe
    10-25 09:03 AM
    Krustycat:
    Sorry to hear that it doesn't work for you. I didn't get any rec #. Excatly the 90th day of my 485 filing, I called USCIS. I wouldn't have called if I had my Rec #. Like said before, one lady picked up and was very cordial and created a Service Req for me. I guess it also could be based on the person with whom you talk. I said " It has been 90 days since I filed my 485 at NSC, I didn't get the Rec # and the checks are not cleared yet also" She asked for the excat date. I told "July 18". She said, "Sorry about the incovenience". She asked for my zip code. Then she said " This is the first time I am using the Service Request System", so bear with me. She asked for my name and date of birth and address and phone. She said "An agent will be assigned to your case within two days to look for your application. The agent will contact you thro phone or you will get a mail". I asked her what can I do if my checks are not cleared. She said "Wait for a week, and then call us". My checks got cleared in two days , but the Rec # are not available on line.



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  • canmt
    11-14 03:01 PM
    This could mean that USCIS has started to processing I-485 applications faster and you'll get your green card as soon as FBI clears the name check...

    Good luck on your green card pursuit...





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  • Ann Ruben
    07-22 12:57 PM
    You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)

    If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:

    "Question 7. Should service centers or district offices deny a request for an H-1B extension
    beyond the 6-year limit where the labor certification or immigrant petition from an
    employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
    ago?
    Answer: No. The statute does not require that the labor certification or immigrant petition must be
    from the same employer requesting the H-1B extension."

    Michael Aytes
    December 27, 2005
    HQPRD 70/6.2.8-P


    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)

    Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.

    Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.

    Hope this is helpful.



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  • needhelpASAP
    04-25 06:04 PM
    Hi, I have a rather unique case. Any help will be greatly appreciated. Below are my details:


    While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.

    My H1B was processed with premium processing fee.

    H1B approved on 04/20/2008. (But it will be effective n October 1st)

    I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)

    Am i out of status?
    (Technically I was working on OPT; did that change once my application was approved?)

    Am i still eligible for employment? (I have my OPT till 06/22)

    Can another company apply for another H1B petition for me OPT expires?
    (will expire on 06/22/2008) How long do I have to find another employer?

    Thanks in advance!





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  • Leo07
    10-21 04:51 PM
    People are just wary about anti-immigrants lurking.

    Best of Luck!





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  • Flash-Matic
    10-28 10:46 PM
    good thing i brought an umbrella :)





    BraveMadMan
    07-18 10:29 AM
    :)





    s416504
    02-22 12:14 PM
    5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.

    I think she is ok to switch to H1 but you all need to go out of US & Enter with that H1B Visa for switching plus she has to work with H1B sponcer employer.

    Any way share us output after consulting good attorney.



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