Monday, June 13, 2011

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  • acecupid
    07-08 04:39 PM
    Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
    This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
    So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US

    I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.





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  • SSNN
    04-16 03:17 PM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?





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  • haeveingridseyn
    09-09 07:56 AM
    Hi Everyone..

    Thanks for providing this information . I am also searching this type of topic.
    Its really helpful to forum members and solve many problem.
    Keep it up.





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  • hnordberg
    October 23rd, 2005, 10:52 PM
    Looks like we may have a few people interested in a Bay Area meet. There are plenty of things to photograph here. The City, north or south from SF on Highway 1, wildlife, and we could always hire a model (which I have never, but it would be fun).

    If we get the honor of meeting with Bob and Kevin from "far away", then maybe it should be a two day meet? What say you? Ideas?

    :)



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  • TexDBoy
    09-10 11:44 AM
    If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.

    It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.

    The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.

    I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...





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  • latbsol
    02-25 01:23 AM
    I have been working with my current employer for the last 5 years in job title
    A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
    one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
    experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.

    For the purpose of EB2 labor for the new position, I need to show 1 year of
    work experience.

    Question: Would I be able to use/show the work experience I
    gained when I was working in job title A with the same employer? i.e. Will I
    be able to use on-the-job work experience that I gained before I was promoted
    to the new position? Remember, the current job title B (for which EB2 labor is
    being filed) and requirements are significantly different from the previous job
    title A and requirements (which only qualified for a EB3). Have anyone got their
    labor approved in EB2 with work experience from the same employer? Are there any
    USCIS published documents that coult clarify this?

    I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
    labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
    what is the exact procedure for doing that?

    Is the attempt to process my labor in EB2 completely independent of my
    existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
    EB3 approved labor and I-140?

    Thanks much for your time in helping clarify this.



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  • immi_enthu
    08-10 12:27 PM
    This is just a thought. isn't everyone calling USCIS for receipts, several times a day some form of protest ? FYI , I called only once so far...





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  • abhijitp
    02-12 06:42 PM
    Here is an additional few things that the IV Core could do to ease the PAIN of the several individuals (not the GC pain, the mailing out of the letters pain)

    1) Arrange a door to door bus service to pick up the letters from people.
    State chapters: CHOP CHOP what are u waiting for, lets get those buses moving!

    2) While they are at it maybe the IV voluneteers can also vacuum people's apartments, wash up their pets, potty train the kids, do the dishes the whole 9 yards.
    State chapters: WHY are you still glued to ur rears, where is my own personal volunteer??

    3) Since IV has unlimited funding, maybe it can also Overnight FedEx all these letters to the White House.
    State chapters: Sigh! (Forget it!)

    Hey here's a better idea. Why dont WE copy and paste the template from the thread, personalize it, print and sign 2 copies, find 2 envelopes one big and one smaller put a stamp on each one and mail the whole thing out to IV?

    Too much work or too much INERTIA?

    (Bring on the RED Dots)

    We are actually quite close to just doing that in NorCal.
    We go to temples, train stations, grocery stores and get our own people to sign the letters!

    At these places, we have run into several IV members who say things like: "OH THANK YOU, I have been wanting to write this letter.... now where do I need to sign???"



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  • roseball
    04-04 11:42 PM
    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.


    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?

    As long as your I-485 is pending, you can use a valid AP to re-enter. To renew your AP, you need to be in the US. If you convert your I-485 to CP, you will lose your EAD/AP privileges and will only be able to enter US on a valid H1 assuming you are coming here to work and have a job offer from an employer.





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  • arindamb
    03-17 12:47 PM
    We had to go through the same situation. If you have registered for online notifications then you will get an email about the RFE. The actual letter reaches the lawyer around 7 days after the RFE was generated. So you have enough time to complete the medical tests once you get the RFE email and then submit the response immediately when you get the letter.
    The only thing is that USCIS sends back the original medical form along with the letter and asks the doctor to update that form.

    Hope this helps.



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  • BharatPremi
    11-06 07:50 PM
    /\/\/\/\/\/\/\/\
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  • chanduv23
    06-19 12:23 PM
    Wow! Thank you everyone for your input!

    So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?

    Yes, my dad took his expired GC to the Chennai Consulate when he went for his visitor's visa stamping and let the first level screening officer know that he has this document - she then made a note of it (I think) and asked my dad to hand it over the VO during the interview. When my dad handed it to the VO - he was looking and gazing at it for a while and then took it inside and had a small discussion with a couple of people and then filled out a form and had a notary notorize it and asked my dad to fill out the form and gave my dad a copy and then put it in an envelope and attached this to my dad's visitor's visa file.



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  • Almond
    07-16 02:22 PM
    NSC is famous for being the slowest of them, sorry to break your heart.





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  • dbevis
    February 12th, 2004, 09:41 AM
    Am I the only one who thinks it would be sheer genius if Kodak was to license the Canon mount? Imagine if they offered both Nikon and Canon mounts (even better - an interchangeable mount plate so you could have it both ways on one body)!

    Surely this is possible. Perhaps Canon is blocking them or it's just not cost-effective?

    Don



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  • wahwah
    06-03 01:03 AM
    why do you say that the audit is for pending applications only?

    the news article says that they are auditing all PERM applications filed by Fragomen, which means that pending and approved applications will be audited. The article doesn't mention the timeframe either.

    audit is only on pending applications..i dont think it is on certified..

    also they may process fugmon cases fase..hope they dont denied any..

    what is supervised recruitment





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  • nb_des
    08-04 02:33 PM
    Looks like they got some award

    http://www.exceedcorporation.com/news.htm



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  • stuckinretro
    03-30 10:03 AM
    I'm not an attorney, but based on your description it appears like you do not have the EB2 job offer currently open. Typically, If the company gets acquired by another firm, the 140 needs to be amended and more over you are not working for that employer anymore.

    I think you should first find out if EB2 job still exists if so, you can send a letter to interfile(transfer) your pending 485 to the new 140. You may need to submit I-140 approval notices and 485 receipt notice along with an employment letter to substantiate your claim.



    I got the RFE notification in the mail yesterday and here is the RFE info:

    The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".


    I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.


    1) Did anyone receive such RFE?
    2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?

    3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
    Is there a way to buy some more time if i cant respond back in 3-4 business days?


    Please advice. I really appreciate your help!

    Thanks in advance.





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  • desi3933
    06-27 11:47 AM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.

    EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com





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  • wandmaker
    04-27 03:16 PM
    Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..

    Labour Priority date is Nov'20 2007
    My I-140 receipt date is Feb'20 2008..
    My I-140 Approve date is Sep'24 2008

    My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..

    Please update these details to your IV tracker profile, it will help you and others. It avoids confusions and delays in suggestions in a situation like yours.

    What documents your company sent to USCIS for that 'client letter' RFE?
    How many years was requested for extension 1 year or 3 years or until end of 6 year term with recapture? - I assume, it would be 3 year extension because your 140 is approved.





    setpit_gc
    08-14 09:19 AM
    ok. Any other suggestions?.





    desibob
    06-21 01:08 PM
    Ajay,

    Any RFEs? Is so - can you give some details like what was it, when was it?

    Bob



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