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  • desi3933
    06-21 05:21 PM
    I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
    Thanking you in advance.

    You need to have 2 (or more) approved I-140s for Priority Date transfer.

    Job Title, Description and Salary do NOT matter.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002





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  • gc_coming
    07-18 07:04 PM
    This is what my lawyer says : "When the I-140 is already approved, there is no need to submit such letter.
    Only in the rare event that you have an interview at the time of
    adjudication of your I-485, then you must bring a recently dated letter
    stating such only for the purpose to reaffirm what they have already
    approved on the I-140. Interviews for Employment based cases are issued
    randomly. There is no reason to worry about this." Is it correct ?





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  • CaliGC
    06-14 09:02 PM
    Friends,

    Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.

    PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.

    TIA.

    Please see my Signature below for info regarding me.
    EB3/VSC/India
    PD July 2004
    140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
    EAD1 Approved:11/22/2004
    AP1 Approved:11/23/2005
    140 Approved:2/1/2005
    EAD2 RD: 10/06/05 AD: 10/25/05
    AP2 RD: 10/06/05 AD:10/31/05
    EAD3 RD 7/7/2006 AD: 7/27/06
    FP1 - 03/10/05
    FP2 4/25/07
    SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
    SPOUSE Name Check Cleared!!!: Mar. 2006





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  • gsc999
    06-29 01:41 AM
    Sure. Tell me exactly day and time. I will make sure I am miles away from that. I just don't want to be identified with the "amnesty bill" since that is getting increasingly unpopular these days.
    ---
    Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
    Beware! Big Brother is watching.

    That is the reason I didn't support the US soccer team at World Cup.
    US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D

    Hilarious! Couldn't resist :o



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  • immi2006
    08-21 09:40 PM
    All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?

    So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.

    Hope u got the point...





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  • Munna Bhai
    01-09 01:14 PM
    Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.

    Looks like they may work on May 2007 cases sometime this month occording to NSC progress.

    please share your inputs



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  • 123456mg
    07-25 07:58 PM
    Come on Saroj76, I know you were drunk when you posted this message that has nothing to do with the discussion thread. I wonder to see if you are doing a kind of advertisement for this lawyer in this forum. Just to let you know, this is not meant for advertisement of your buddies but a serious discussion. You are hereby warned.

    He handled my case from OPT, to H1B, to Green Card. He is a very professional lawer and very responsible. He replies emails right away and answers phone calls. On the top of that his fees are much less compared to all these big law firms. I was really satisfied and impressed by his service. I would have stayed with him but my company got bought out by another big firm, so I had to switch the law firm. Check out his website.

    http://webberlaw.com/





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  • reddy_h
    01-07 10:38 PM
    You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.



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  • gcformeornot
    12-14 10:13 AM
    RFEs these days? Especialy for I140s?





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  • sbmallik
    07-23 01:55 PM
    In the stated situation, I would opt for changing the I-485 case to consular processing.



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  • amsgc
    03-31 06:03 PM
    I hate to be nitpicky here, but that is not what Ronnie said.

    Ronnie stated in no uncertain terms that "Immigration and Tax Filing are not at all related". This statement, in any which way you look at, is factually incorrect. Unfortunately it perpetuates the misconception that your non-immigrant status (which is an integral topic in the subject of immigration) has nothing to do with your taxes. In fact, many people often make this mistake, only to be corrected when presented with the 1040 instructions, and Publication 519.

    If Ronnie had said something to the effect that filing jointly or separately will not have an affect on your immigration status or Green Card application, then I might not have objected. However, it should be filed in compliance with the law.

    I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

    If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !





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  • Neocrack
    04-19 11:31 PM
    I had the same situation:
    1. On the application form list your parents name as you want it. They will print the new name on the renewal passport. (I was not asked for any additional documents)

    2.To add your spouses name on the passport you will have to give a copy of the marriage certificate and your spouses passport as part of the application form (I had applied in person).



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  • m79
    08-03 05:02 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.





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  • ujjwal_p
    09-03 05:26 PM
    You loose your PD. BTW, please update your profile.

    I think there's some nuance to this. You don't lose your PD if the company revokes your I-140, but you do lose your PD if USCIS revokes your I-140 due to fraud.



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  • puskeygadha
    07-23 03:14 PM
    this is for cases which will be filed right..
    cases which are audited are audited and are in the audit queues ..correct???

    we are fucked





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  • abhijitp
    01-18 01:35 AM
    > ***If you don't sign, that means no snacks
    LOL:-) Thanks for making my day!

    NORCAL, see you there on Sunday!



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  • eilsoe
    10-03 12:14 PM
    yeah, check my post "What grids can look like" in the "Drawing and design" threads...

    THAT looks weird... notice how the grid pattern fits perfectly with a mosaic render...! :)





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  • AB1275
    12-12 11:29 AM
    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!





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  • ghost
    09-22 06:06 PM
    I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.

    even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?

    Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?

    TIA





    jungalee43
    12-23 02:27 PM
    I also received similar mail from my attorney. I have double assurance now. Thanks.
    You should be fine. I have been in the exact same situation did not have any problems excepting secondary inspection in which no questions were asked.





    amdn123
    06-13 09:00 AM
    Wow, this is news to me. Could you please clarify something, logiclife? I apply to another company, who gets me a 3 year H1B before my 6th year starts. Do I need to request my old company to keep my PERM and I-140 alive until the I-485 is filed and approved? I thought the only way to move to another company was after 3 months of applying for I-485. Thanks for the advice!



    First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.

    Ok.
    You still have another 2 months before you begin the last year of your initial 6-year H1 term.

    If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.

    Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).