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  • coolgc
    05-08 05:13 PM
    Thank you, indyanguy, morchu and Mr. Reddy for your insights. Since, I am working with the same employer, I think they will not revoke the old I-140. I am not sure if I have to do medical examination again if I decide to send a new I-485?. Can I ask the doctor to re-send the I-693 form?

    Thank you again!





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  • arunoman
    04-10 02:41 AM
    Check with your attorney probably you can appeal to re open your case if you are sure that you have responded to the RFE "on time". Its very much possible.





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  • kondur_007
    07-01 03:22 PM
    It is a difficult scenario. Chances are that it would be very difficult for your mom to ever prectice in US (not to discourage, but tell you the fact).
    first one has to pass USMLE step 1, Step 2 (CK and CS) and get ECFMG certification (info at ECFMG� | Educational Commission for Foreign Medical Graduates (http://www.ecfmg.org))
    Then apply for residency and get into the residency (which is extremely competitive, requires high USMLE scores and reference letters and if you are old grade, many programs do not consider you).
    Then Do the three/four year residency and pass USMLE step 3, get the license.

    Absolutely no way to practice medicine unless she goes through above path (experience and training in india does not matter; only thing that will matter is her MBBS (if from regonized college there) which will allow her to sit for USMLE).

    Many doctors in your mom's situation come here and do some paramedical job (phelbotomist, physical therapist etc).

    Good Luck.





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  • vactorboy29
    10-09 12:29 PM
    Thanks.

    Any more info on this



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  • katakamk
    02-07 09:55 PM
    Hi Kapil,

    what is your priority date & category (EB2 or EB3)? when did you apply I485?

    with regards,
    EB3 - 2003 PD





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  • Administrator2
    01-20 02:02 PM
    This looks great.....good work.

    However, it looks like the reputation button is not working right. :)


    Thanks Saralayar! A lot of members helped to make this change. Ideas and effort from a large number of members were pooled in. Special Thanks to coopheal for working on the wiki. That was awesome work.

    Hi! Ennada,

    We tested again and the Reputation button is working fine. We have disabled the reputation messages. Please let us know what is not working with the reputation button and we will fix it.

    Thanks,



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  • smiledentist
    06-22 12:47 AM
    You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
    From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.

    What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.





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  • mirage
    07-11 01:29 PM
    1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
    We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in



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  • roseball
    02-09 03:08 PM
    Hi,

    My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
    1. Does he need to file a transfer memorandum ?
    2. WIll there be a change in wages ?
    3. Are there any other steps before he starts to work in BayArea ?

    Please help.

    Thanks.

    If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).





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  • kaisersose
    05-29 11:17 AM
    Gurus,

    I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    Thank You for answering my questions.
    KC Indian

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    -- No.

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    -- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    -- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.



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  • HRPRO
    04-26 11:03 AM
    You definitely need an attorney's representation. Dont waste time mulling over it as more time you waste, bigger the problem.





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  • jasmin45
    07-16 07:01 PM
    It was worth a try. Oh well !
    Its a crime to influence someone at position to have access to information systems and distribute the data without written permission from the organization.

    Both the parties can be prosecuted for this crime..you for soliciting the information for which you have no authority to receive except following proper protocol



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  • desi3933
    03-24 08:50 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing something here.

    If one has I-797 notice without new I-94, he/she should get new H1 visa stamp.


    ___________________
    Not a legal advice.





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  • hellomms
    05-27 03:29 PM
    Guys, I have added information in the original thread, please refer to the link below and add your questions, concerns or comments there.

    http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110



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  • siddar
    01-05 04:40 PM
    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.





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  • ashwin_27
    05-10 07:45 PM
    Very Interesting set of links. We need to respond to each of these journalists thanking for any positive coverage but also highlighting the specific issues that is causign the backlog (7% per country limit and lack of visa recapture). We need to request that attention be paid to this aspect and how removal of per-country limit is neccessary to eliminate the greencard backlogs (and that visa recapture will at least provide limited relief). Most of such articles praise high-skilled immigrants but do not get to the root of the issue and the possible solutions. We need some folks to help with this IV media outreach. Please PM me if you are interested.



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  • rajenk
    10-27 05:47 PM
    Only till May 2013. But then you can still renew for 3 more years provided your PD is not current in 2013. You can use the approved I-140 from your current company for renewal. Make sure to get a copy of I-140 approval, not the courtesy copy.

    You have to start a new GC process soon after you join a new company. That way you can port your PD to the new case and be eligible for filing I-485.





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  • ragz4u
    02-18 12:57 PM
    I suspect there may be a backdoor to it

    I don't think so....let me explain what happened when I moved from one state to another.

    When I was in the state of Washington, they did not ask me for any document like H1 etc. This was 3 years ago. When I moved to PA (mid 2005)though, the DMV asked me for my H1 doc. The date of expiry was alright, but they had other problems.

    Since I work for a consultancy firm based in NYC (and the client was in PA), they were not ready to even give me a license (since my employer was based in NY). I literally had to fight with the DMV manager to get my license. And yeah, he asked my employer to provide me a letter that said that I would be based in PA for next 3 years and what my income is (god knows what that has to do with my license)

    I was fortunate that my consultancy firm was considerate and finally gave that letter to me even though the contract was initally only for 3 months. If they would not have given such a letter I would not have got a PA license and might have to go to NY to get a license from there!

    But the DMV manager did explain to me that this was part of new regulations being implemented since last couple of years.

    I have been through this and had to go to the DMV three times before I finally got my license.

    And I endured all this while my H1 is still valid for a few years. Imagine the above if my H1 was valid for less than 1 year?

    Why are we going through such a painful experience in spite of being 100% legal????





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  • logiclife
    06-29 12:20 PM
    I am putting an extra freshly painted mailbox with a big bold name in red color and a message-- 'Put my greencard here' for the postman. :)

    Lets see how many years it will take for him to finally grant me my wish.

    Yeah. Why not put a red stocking (christmas stocking) in the mail box tagged "For Greencards only. Do not put pizza hut coupons in here. This is for USCIS approval notices and greencards only".





    smartboy75
    07-09 04:43 PM
    Well the lawyer representing the new company believes that without a copy of 140
    1. that, they cannot do a H1B transfer.
    2. that, I cannot do EAD extension when it expires in October 2008.
    Why r u doing an h1 transfer ??? why can't u invoke AC21.....??





    LostInGCProcess
    11-12 02:25 PM
    Thanks all for your replies.
    Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?

    Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).



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