samrat_bhargava_vihari
02-05 04:12 PM
Guys,
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.
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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kaisersose
01-22 04:37 PM
The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
jonty_11
07-17 06:25 PM
thisis actual USCIS RELEASE
now its official from USCIS
http://www.uscis.gov/files/pressrele...ate17Jul07.pdf
now its official from USCIS
http://www.uscis.gov/files/pressrele...ate17Jul07.pdf
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gcformeornot
03-24 06:00 PM
How come h1 transfer gives me the solution?
do you mean to say goto any employer whoever gets job?
Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.
do you mean to say goto any employer whoever gets job?
Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.
more...
dilvahabilyeha
08-09 01:50 PM
As Per my knowledge it is not nessesary that all approved I140's will have a A#.
Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.
Regards.
I don't think so, all the approved 140 Should have A# (alien reg number). Not sure where you attained your knowledge about all 140 will have A#, but couldn't think that's possible because 140 is where your identity is critical and giving a number at that time is more appropiate than the later stages. I'm not an expert on this subject but trying to use my common sense , which is highly relative though it's common ;)
Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.
Regards.
I don't think so, all the approved 140 Should have A# (alien reg number). Not sure where you attained your knowledge about all 140 will have A#, but couldn't think that's possible because 140 is where your identity is critical and giving a number at that time is more appropiate than the later stages. I'm not an expert on this subject but trying to use my common sense , which is highly relative though it's common ;)
needhelp!
11-12 06:06 PM
You were already added on Friday! We need one more.
But.. You'll get your Tshirt at the meet on Dec 8th
I change my membership from GA to TX. Where is my T-shirt?
But.. You'll get your Tshirt at the meet on Dec 8th
I change my membership from GA to TX. Where is my T-shirt?
more...
vikaschowdhry
06-02 07:04 AM
Yep - she has an MBA from here. So there are no requirements for how long passport needs to be valid for at the time of H1 application? I searched for any rules regarding this on their website but came up empty.
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newbie2020
08-11 09:47 AM
Since it is a new H1 I would say unless the petitioning employer is not co-operating, Then you don't have any other choice. You need to wait until next April for new H1.
Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.
If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)
Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.
If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)
more...
srikondoji
07-27 02:20 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
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eagerr2i
09-08 01:38 PM
http://prweb.com/releases/2006/9/prweb435159.htm
more...
mk26
03-21 09:36 AM
I had my h1 extension from 2009 and I went to Kolkata for stamping in Jan2011..surprised to see there was a desi VO(may be US citizen). he interviewed me and it was smooth, he asked about the company and looked in my past tax returns and approved for visa. He did not even asked about client letter or any agreement. I worked in anther country for 4 yrs that he asked and confirmed though.
I work for a small consulting company, this was my 2nd extension.
Hope this helps
I work for a small consulting company, this was my 2nd extension.
Hope this helps
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tempy
09-22 09:29 AM
Thanks Pagal. I guess I'll wait for it to resolve. I don't know why USPS sends back this mail while delivering that all other mail.
Thanks,
Hello,
The cards and notices for my family did multiple rounds of 'undelivered' mail .... ...
Thanks,
Hello,
The cards and notices for my family did multiple rounds of 'undelivered' mail .... ...
more...
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GCBy3000
07-22 03:46 PM
Too early for this thread. Only you could see NO. Is there anyway to create a poll to change from No to YES when the checks are cleared. Then this will be useful, otherwise it is going to be a waste thread in next two days.
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qasleuth
05-06 12:51 AM
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?
more...
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gc_check
04-29 11:49 AM
I attached notarized copy of birth certificate, but not to passport as we are also sending the original.
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ibmguy
04-09 02:09 PM
Thanks to all who responded. I really appreciate your time. Your replies have really been useful. It seems like one can maintain both H-1B and I-485 adjudicating status simultaneously. Some employers probably go by the policy of continuing H-1B status. Only thing for me is that I will have to go for visa stamping which I really did not want to as it is such a hassle and takes a lot of time.
more...
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ohguy
02-18 06:53 AM
I did not get any update like that. Should I call them up and find out the status? I received a letter to my home from Nsc just stating that my case has been transferred to Tsc.
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paskal
12-11 06:32 PM
bumping up the thread!
saw a post from a mn member and i guess this thread needs visibility!
thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all
saw a post from a mn member and i guess this thread needs visibility!
thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all
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singhsa3
08-20 07:36 PM
Looks like we are the only three so far..
Libra
11-15 12:03 PM
My PD is also Mar 2005, EB2. And i am not going to get GC anytime sooner, unless we work on it. In my signature there is a link for MN group click on that and join state chapter. update your profile with phone number, so that we can contact you.
cool_guy_onnet1
03-12 02:36 PM
One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
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