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  • sweet_jungle
    11-04 04:30 PM
    Hi Khris,
    Do you also have 2 PDs in same EB2 category?

    I have submitted ombudsman case sheet by mail.

    My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.

    NSC responded to my lawyer's request. They do have the correct older PD in their system and will be adjudicating my case according to that.
    Ombudsman response was an error.

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  • H1Girl
    04-08 10:09 PM

    I am E-filing my EAD thru online. There is a dropDown where it asks for "Current Immigration Status"...

    My Situation:

    1. Entered into USA using H1B Visa
    2. Changed the job and now working using EAD
    3. In othyer words, my status would be AOS Pending...

    Now question is there is no "AOS Pending" status in that dropdown. SO, I am confused about chosing the correct status...

    The nearest ones that I am thinking are "parolee" or "UNKNOWN"

    Has anyone faced the situation? Could you please help me?

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  • ivuser
    02-20 12:08 PM
    QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
    ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.

    QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
    ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
    Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.

    QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
    ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
    Please visit the thread ::
    Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.

    REQUEST ::
    Please support IV.

    The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.

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  • snathan
    12-22 05:09 PM

    I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
    My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?

    You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.


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  • jq45
    06-15 10:49 AM
    I just called the USCIS National Customer Service Center at 1-800-375-5283 to get clarification.

    The representative I talked to checked with her supervisor, and her response was the following:

    - The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).

    In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.

    Thank you to everyone for their quick responses!

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  • samrat_bhargava_vihari
    02-05 04:12 PM
    Don�t spread false information if you don�t know.

    Possibility -- Yes

    Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.

    Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
    I am not a lawyer use this information at your own risk.


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  • knowDOL
    08-28 10:38 AM
    Mention clearly what is indicated in job requirements. If the labor did not allow for BS in any enggg or related engg and just asked for BS in CS your I-140 will be denied for sure. No need to wait for the denial. Why did your attorney filed a labor like that for you knowing you do not have BS in CS.

    My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

    I hold a MS degree in CS and BS degree in Industrial Engg.

    Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

    Has anyone faced similar situation? How can I resolve this issue?
    Please help as I almost spent 4 years in LC backlog queue!!!!!!!!

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  • quizzer
    11-14 01:41 PM

    Can you tell me your I140 receipt date, category and service center?



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  • Porch
    08-28 02:29 PM
    DO we need the latest pay stubs to extend the h1b from company A? Since I'm working for company B now, I'm little confused.

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  • lifestrikes
    03-10 10:10 AM
    Report: U.S. needs immigration boost of high-skilled workers - CNN.com (http://edition.cnn.com/2011/US/03/09/texas.fed.immigration/)


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  • ItIsNotFunny
    11-12 10:37 AM

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  • GC08
    11-04 06:59 PM
    Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.

    I don't know. It is just puzzling that some people got both while others only got one. What is the basis for approving AP?


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  • manand24
    08-11 01:10 PM
    Pd April 2006
    Rd 07/02/2007 (nsc)
    I-140 approved 10/2006

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  • JazzByTheBay
    09-16 12:02 AM
    And the San Jose rally proved that...


    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))


    cheers, and see ya'll in DC!

    �Progress is impossible without change, and those who cannot change their minds cannot change anything.�


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  • alterego
    09-25 06:55 PM
    This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.

    My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.

    I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!

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  • aguy
    01-05 01:59 AM

    I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.

    Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.



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  • bekugc
    03-17 09:29 PM
    regarding the below question while using AC21

    2. first join the new company using EAD, then ask the new company to apply for H1 transfer. will this work?

    can somebody tell if there is any issue with this? as i mentioned, i havent used AP and existing i-94 still indicates H1b status (not AOS


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  • ragz4u
    02-03 01:36 PM
    It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.

    Look up the resource section. We have a brochure and a powerpoint presentation by Sunil Joshi which was even posted on the ILW website. The CA team of ImmigrationVoice have used these to great results

    The lobbying firm might provide us valuable inputs on these but at the same time, these are already in very good shape having gone through many rounds of critique by the core members.

    Again, this should not stop you from asking for appointments!

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  • poorslumdog
    10-12 12:26 PM
    Hi Guys,

    I understand that there are antis here...but it doesnt mean that everyone is anti and even real issue needs to be avoided. Ron hira and Simple1 just became paraniod. I would appreciate if anyone has any proper info...

    04-01 05:34 PM
    In simple words..
    Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..

    Here's what we do know
    I485 filing provides MAJOR benefits.
    140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
    485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
    So GO AHEAD file concurrently..

    11-30 01:34 PM
    eb3India, thanks for joining the chapter thread. Unfortunately others have not signed up yet. I will be in Indianapolis next weekend and if we have some more chapter members and you all want to organize a small meeting , I can join you.

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