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  • nissan_1
    03-31 11:51 AM
    What happens if your previous employer cancel the approved I140 before the new company files the for I140. I think you need at least 7-8 months to get Labor approved. I am pretty sure by that time, the old employer will cancel the approved I140. I am taking about big Consulting companies here where you can not negotiate to keep the I140 open after you resign.

    Thanks in advance

    Dear Attorney,
    Thanks alot for taking your valuable time suggesting us on this issue.
    I appreciate your help.

    This information is very much helpful.





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  • tnite
    06-18 04:12 PM
    I'd got an extension within US, haven't left. Are you sure to put the old visa info. What about the new H1 approval which is valid. Shouldn't one put that info.

    BTW, what is the visa no#..is it the control no# or EAC no#...

    H1B approval notice doesnt carry any of the information requested like visa no, date issues, place issued

    You can check with a lawyer.
    Visa number is the number on u'r H1b visa stamp in the passport which is on the right bottom and it's in red color.its not the control number





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  • wandmaker
    08-06 11:27 AM
    Case Details:
    EB2-I PD: 1/2/06 485@ TSC - MD: 6/30/07 RD: 7/2/07 ND: 10/2/07 AD: 8/6/08
    Directly Filed at TSC, Checks cashed but did not receive physical receipt notice

    Sequence of Emails:
    08/06: CRIS Email, Notice mailed welcoming the new permanent resident
    08/07: Soft LUD
    08/09: Soft LUD
    08/11: Welcome Notice Received via USPS, Post marked 08/08
    08/13: CRIS Email, Card Mailed.
    08/14: Soft LUD
    08/14: Received Cards in the mail, envelope post marked 08/12

    To Whom may have COLTS:
    - Opened SR for receipt notice in Dec 07
    - Feb 08, Received a letter from USCIS stating that they will not be able to generate duplicate notice
    - Feb 08, Called USCIS & referenced duplicate notice letter. IO has told me the name check got cleared on Nov 07.
    - Applied for EAD renewal in 6/08, Received card on 7/08
    - I-140 Soft LUD on 7/13/08
    - No other LUDs, Direct case status change on 8/6/08
    - Made two calls to USCIS one on 12/07 and another on 02/08 and did not make INFOPASS appointment.





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  • gnutin
    06-17 04:34 PM
    Mr.gnutin or any other expert,

    Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?


    Thanks

    No need to stick with company for 180 days after I-140 approval to keep your PD.

    The 180-days thing is if you're filing I-485 along with I-140. If this is the case with you then wait 180 days, get your EAD and invoke AC-21 to change employers.



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  • larmani
    04-29 01:02 PM
    If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.





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  • GlobalCitizen
    07-26 09:05 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!



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  • Ramba
    03-26 11:42 AM
    There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.

    Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.





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  • jonty_11
    03-26 04:53 PM
    I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"
    I have to disagree...in this case its the Destination!!!



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  • looneytunezez
    06-17 12:51 PM
    But after thinking a bit more - i now understand your plan. Your list of questions may impress the infopass immigration officer, and the officer may recommend that you should be hired by USCIS as an IO, given that you are more familiar than him/her with the immigration process. Once you are hired, you plan to approve your own GC?

    Great plan....i think i might recommend this to someone!





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  • H1B-GC
    06-25 10:46 AM
    http://immigrationvoice.org/forum/725808-post105.html


    .

    Thank you!!



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  • amohale
    02-26 12:26 AM
    Please help me with my case.

    I am changing my employment and trying to port my PD.The company I am joining is filing for a new Labor for me. My previous employer (A) with who I worked 5 years in US is not cooperating and is threatening to cancel my I-140. which is not a big deal because my I-140 has been approved for more than 180 days and I can retain the PD.

    The problem is with their experience letter. I have a post dated letter from them which they gave recently mentioning 4 years and 11 months of experience out of 5.2 years I have worked with them. It is on company letterhead and lists my title, joining date, responsibilities but does not mention my skills: Java. This is a pure consulting firm with around 50 employees. I don't know any of the other employees except for one who I referred. she was with the company for almost 3 years during my 5 years stay.

    the Perm that is getting filed for me required 5 years of experience. Since I cannot get a letter from someone in Company A showing all 5 years, is it ok to have this friend of mine show 3 years during her stay. I will not have a letter from a colleague for other 2 years.

    So, it all boils down to, can my ex-colleague's affidavit for partial experience from a previous employer, along with a experience letter on company letterhead do the trick for me in case of a RFE. I will really appreciate your help in determining what is the best way to approach as I have other employment options available and my current employer is using every tactic to keep me back.





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  • redgreen
    08-04 01:38 PM
    If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
    She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.



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  • greenguru
    04-01 04:11 PM
    EB3 Labor
    I-140
    I-485

    Then
    EB2 Labor
    I-140

    Cheers, gG





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  • greencardvow
    07-18 08:02 PM
    Does anyone know what happens when the original hard copy of PERM is lost. Can one file 140 with just the copy that you can get online from DOL site.

    I believe that you do not have to refile just because you lost the hard copy...
    This is not a lottery ticket that if you lose, you are left with nothing..
    There must a procedure to get the same certificate reissued from DOL..
    Please do the research and let is know...



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  • chanduv23
    04-27 09:16 AM
    Not sure how true this is but I got this email from my friend who is also an IV member.

    Dear All,
    Be Careful At the Indian Airports , This is a well organized conspiracy by Indian Immigration, Police, Customs and Air India staff with networking at all the Indian
    International Airports. Be watchful when ever you give your passport to Immigration/ Customs/Air India staff. The pass port can be easily tampered and can create trouble to you. They have found easy way of making money from NRIs. This is the way it works:
    At the time of the passenger's departure, if the passenger is not looking at the officer while he is stamping the exit, the officer very cleverly tears away one of the page from the passport. When the passenger leaves the immigration counter, the case is reported on his computer terminal with full details. Now all over India they have got full details of the passenger with Red Flag flashing on the Passport number entered by the departure immigration officer. They have made their money by doing above. On arrival next time, he is interrogated. Subject to the passenger's period of stay abroad, his income and standing etc., the price to get rid of the problem is settled by the Police and Immigration people. If someone argues, his future is spoiled because there are always some innocent fellows who think the honesty is the basis of getting justice in India ..
    Please advise every passenger to be careful at the airport. Whenever they hand over the passport to the counters of Air India , or immigration or the customs, they must be vigilant, should not remove eyes from the passport even if the officer in front tries to divert their attention. Also, please pass this information to all friends, media men and important politicians. Every month 20-30 cases are happening all over India to rob the NRIs the minute he lands. Similar case has happened with Aramco's Arifuddin. He was travelling with his family. They had six passports. They got the visa of America and decided to go via Hyderabad from Jeddah. They reached Hyderabad. Stayed about a month and left for the States. When they reached the States, the page of the American visa on his wife's passport
    was missing. At the time of departure from Hyderabad it was there, the whole family had to return to Hyderabad helplessly. On arrival at Bombay back, they were caught by the police and now it is over 2 months, they are running after the Police, Immigration officers and the Courts. On going in to details with him, he found out the following: One cannot imagine, neither can believe, that the Indian Immigration dept can play such a nasty game to harass the innocent passengers.
    All the passengers travelling to & fro India via Bombay and Hyderabad must be aware of this conspiracy. Every month 15 to 20 cases are taking place, at each mentioned airport, of holding the passengers in the crime of tearing away the passport pages. On interviewing some of them, none of them was aware of what had happened. They don't know why, when and who tore away the page from the middle of the passport. One can imagine the sufferings of such people at the hands of the immigration, police and the court procedures in India after that. The number of cases is increasing in the last 2-3 years. People who are arriving at the immigration, they are questioned and their passports are being held and they have to go in interrogations. Obviously, the conspiracy started about 2 to 3 years ago, now the results are coming. Some of the Air India counter staff too is involved in this conspiracy.





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  • kumarc123
    01-15 03:55 PM
    I agree.

    Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.

    Maybe they should also keep it low key so less people oppose it;)

    Send it through when Mr.King is on vacation:D

    Guys please call her office number and speak to someone in immigration and request them for her to re-introduce visa recapture bill.



    Please lets focus on this, please call, also include your intentions of buying homes.



    Please Call



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  • ddanait
    02-08 03:45 PM
    Yes.. I was one of them..





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  • kiran_k02
    11-28 06:09 PM
    I filed my AP renewal online, I used my discover to pay my dues.

    I did not submit any paperwork, I got an RFE just for photographs.

    Most important thing for AP-renewal according to my experience is photographs.

    I hope this helps, message me if you have any additional questions.





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  • gc4me
    02-09 10:17 AM
    You should not let this opportunity of 'Retaining your 1998 PD' go and need to act as quickly as possible. If you are from India and EB3 and if you have a new PD (from Y) of 2002+, it will take you 10+ yrs to get your GC. No kidding!!!

    Do this fast:

    01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.

    02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))

    03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!

    04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).

    05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.


    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.





    lecter
    January 6th, 2005, 09:05 PM
    I see what your getting at...... yep... I do like that too.... still have a lot to learn :D
    It was a quick and dirty, you can select a colour and then mask and feather it so there's no halo's around the edges, blah blah...

    there's heaps of excellent PS books around....

    indulge yourself...

    Scott Kelby is a good start....

    Rob





    Abhinaym
    09-04 02:09 PM
    That would be sweet I guess. My PD is Oct. 07. :)

    Same here. Would like the prayers along with waitforevergc....

    :D



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