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  • sky7
    07-26 10:09 AM
    Dear all...

    I need some advice here...

    Here is my current status:

    **LC filed: Sept 2002, EB2, RIR
    **I140 EB2 is currently pending, Non-Concurrent (filed June 2006)
    ** On 7th yr H1B ext - expires March 2007

    My questions are:

    1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?

    I actually asked the my lawyer the similar question, this was her response:

    "There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation"

    Can I get a second/or more opinions on this?


    2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they don't revoke my LC and I140, then the new company can transfer my H1B over and get an extension?

    3)And I assume IF my I140 gets denied (or declassified to be EB3), i am still ok as long the new company has filed a PERM for me, correct?

    4) Or would it be SAFER to wait for couple of months (assuming the Nebraska Center is fast!) to get my I140 approved. Then transfer my LC, I140, and H1B to the next company...and have them continue my GC process? And i read somewhere that I can keep my PD that way?


    I need to know the possible risks b4 accepting another job offer. all helps are appreciated... :)


    Thanks in advance for ur help

    Sky





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  • askreddy
    08-16 05:03 PM
    Hi

    What is your Received and Notice dates for 485.Just checking is this related topre adjuducation process.

    Thanks





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  • JeffDG
    01-31 02:00 PM
    Don't worry about the text of the bill, it's purely a placeholder for something to be introduced as an amendment later.

    The text of the bill has two section: Sec 1: Title, Sec 2: Sense of the Senate, neither of which carry any force of law.





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  • hmehta
    05-31 11:32 AM
    On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......

    Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.



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  • srikondoji
    07-02 02:17 PM
    Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
    Plain reading is injurious to health and community.
    I repeat "please step aside".
    You are a disgrace for the "Senior Member" title. So much so that you will snap back at another Senior IV Member. Tcch...tcch....

    Thanks,
    Jayant





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  • shivarajan
    04-04 03:06 PM
    Did a hasty click... thought the poll was for pd date (and missed the invoice part of it). Suspecting others also might have done the same.



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  • kris04
    10-08 04:59 PM
    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?

    GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term

    But there is one way around it, join employer A and get yourself fired from the job then you're fine.

    HTH

    kris





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  • hebbar77
    09-10 03:07 PM
    extended review = "we got your money , now dont bother us"
    also means nothing is happening to your case!



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  • Robert Kumar
    12-24 12:54 PM
    Please advise urgently.

    Say today my I-140 is denied.
    Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
    Now I-140 is denied.
    Lawyer is opening an MTR.
    We dont know when the decision will come. May be positive, may be negative.

    1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
    2. Can I get extensions while MTR is pending.
    3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.





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  • franklin
    06-15 12:33 AM
    Hi

    Can I file for the I-485 before july 1st 2007?

    I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
    However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?

    thanks for your help.

    Not if your priority date became current in the July bulletin, no

    It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st



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  • krithi
    04-23 12:38 PM
    First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

    To your question:

    1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

    2. Opening MTR takes months, if you are lucky then it might be quick.

    Now a question to you.

    1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

    The safe bet:

    That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

    Just my thoughts, better consult with a lawyer if you are in such a situation.

    Good luck.

    Raj

    Raj,

    Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.





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  • payur
    09-04 12:12 PM
    Fellows in pain ...

    It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Card production ordered.

    I am still at awe and can't believe ... probably will never do until I get the physical card.

    For those interested:
    EB3 ROW - Dec 2004 (first application was April 2001)
    I filed 765 and 485 in June of this year


    Congrats!!!!:cool:

    I remember you because you created the "June 1st filers - receipt " thread.

    I hope many approvals come soon.

    I would appreciate detailed signature will help us.



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  • Kapils573
    06-15 03:11 PM
    I believe it is the number which is assigned to you when your I-140 is approved. It is mentioned on your I -140 approval notice. and it is used to fill your AR-11 form





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  • canmt
    10-19 02:46 PM
    The old lawyer has to notify USCIS that he is pulling out of your case or the new lawyer has to send the new G-28.

    bump
    ^^^^^^^
    What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.

    You are required to send the letter to where your case is filed.

    I hope this helps and good luck on your green card chase.



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  • indianabacklog
    07-30 10:11 PM
    Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?
    Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.





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  • akhilmahajan
    04-30 06:30 PM
    If i check the dates for the I140 at Texas service center............. it say october, 2006............ but here we have few ppl who have been approved from november, februray,,,,,,,,,,,,,,

    is it like something random, or USCIS holds a lottery ............. i am just curious........



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  • vin13
    01-03 09:29 AM
    Here is my 2 cents

    You need to consider school and Green Card as separate issues.

    The school will consider your application just how they would for a US resident/Citizen based on your pending Green Card. There is no need to change your status to F1. F1 will make it even worse as you will now be a international student (with higher fees) and loose your dual intent status.

    Now, you need to make sure how you would be able to maintain your pending GC status. You will loose your H1 status once you stop working and your status will be "pending AOS". What if you get an RFE? Would you be able to prove that your employer will be still sponsoring your GC?. These are some basic questions that you really need to ask yourself and make sure you have it all covered.





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  • burnt
    04-08 12:10 PM
    Friends - Thanks for your help on this one. After getting suggestions from you guys, I did call my lawyer too. He asked me to go back to the airport and Submit my I-94 and related docs to the CBP department there.

    After that I called the CBP Customer care for NJ at (703) 526-4200 and the rep asked me to go to CBP website and asked me to mail the I-94 to the address written there. Here is the link for your reference. Alo in this website, it says clearly, DO NOT submit to any other CBP office other than the address mentioned.

    http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1

    I don't understand why the lawyer suggested me to physically go to the Airport to submit my I-94.





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  • fatjoe
    10-31 12:42 PM
    My EAD application has been pending more than 90 days.
    Just called the USCIS office.
    Look like the center it has been sent to is processing EAD's of date: May 03.
    So my application is still 2.5 months away.

    The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php

    Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
    Looks like it isn't :)

    Did you get your FP?
    I went to local office(Detroit, MI), and they said that they no more issue interim EADs. Also, they said that we should have got our FP notice before approaching them for EAD.





    desi3933
    06-25 02:07 PM
    I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...


    1. What was your original I-94 date before H-1B amendment was filed by Company A?
    2. What was amendment for?
    3. Why H-1B amendment was denied?

    Please answer these questions, before I can put my opinion.


    _______________________
    Not a legal advice.
    US citizen of Indian origin





    sobers
    07-26 11:38 AM
    Team IV:

    A number of immigration provisions are being attached to the must pass Iraq Spending Bill. Is it possible to explore attaching the SKIL Bill or atleast one or two temporary relief measures (like I-485 filing)?

    If it requires additional funds, I think members will contribute in no time. What do you say guys? Senators are helping out illegal and low skilled workers, isn't it time to give some relief to LEGAL, HIGH SKILLED workers?


    ===========



    http://www.denverpost.com/nationworld/ci_2663758

    Washington - Senate Democrats and Republicans reached a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.

    The immigration measures spilled into the Senate's debate on an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the U.S. on claims of asylum.

    Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Sen. Barbara Mikulski, D-Md., that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.

    Another, by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farmworker advocates, but it faces opposition for providing legal status to some workers.

    Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.

    "While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders,' Chambliss said.

    The White House, Majority Leader Bill Frist, R-Tenn., and other Republicans had pleaded with senators to keep immigration off the spending bill and address the issue later. Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.

    Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B temporary-visa program, saying "the cat was already out of the bag on immigration.' Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.

    The House's Iraq spending bill includes the immigration measures that its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. Sensenbrenner withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to reach Bush's desk.

    They are almost universally opposed by Senate Democrats but also by state motor-vehicle commissioners, some GOP senators and religious groups that say people fleeing persecution would be harmed.



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