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  • gc_chahiye
    12-18 11:37 PM
    L1A visa, validity May 2008
    EB 1 category
    I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
    When and how can I excercise AC 21 portability
    Do I need an EAD for this

    you need to use EAD since you were on L1 and that cant be transferred to your new employer.
    Other than that you need:
    - I-140 to be approved*
    - 180 dyas to pass from your I-485 receipt date.

    *strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.





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  • abhijitp
    08-02 04:42 PM
    EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.

    For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.

    Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.

    Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.

    One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
    Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.





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  • gcnirvana
    06-18 05:06 PM
    Here is my situation:
    I-140 approved and about to file 485.
    Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
    Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?


    Yes It applies to new employer as well.

    Here is my timeline

    on h1 to US in 2001
    filed labor in 2003 approved
    Filed i 140 and i485 in 12/2003
    Changed job to another employer on 05/2005 using EAD
    got married, couldn't file for wife's GC
    Applied for h1 through new employer in 2006
    Premium processing of H1 approved in 15 days. Got wife here on H4
    approved for 3 years for using I 140
    PD current as of June 2006, filed for wife's GC who came here on H4


    EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.





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  • ursosweet
    07-17 05:32 PM
    by god's grace and efforts of IV and other unnamed people WE have prevailed.
    good luk everyone..
    pk



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  • bestia
    11-09 02:18 AM
    Even i'm in the same situation. My employer does not let me to interact with the attorney and is sad in following up.
    He is yet to apply for my PERM.

    ...


    Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".

    And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.





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  • H1Girl
    11-12 05:31 PM
    The original poster "getrdone" wrongly pressed panic button. There is no change from 2004 thru till now. I went to mexico several times for stamping. I have seen several people who got stamping for H1-H1 & F1-H1 (Safe), H4-H1 & B1-H1 (Lucky guys)...In anycase, taking Mexican Visa (though absolutely not mandatory) is advised



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  • ras
    10-25 10:20 PM
    ^^





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  • chi_shark
    05-18 01:14 PM
    Friends,

    I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.

    For my self
    1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary

    2. Current address proof

    For my Spouse
    1. Missing G325-A need to submit one (but I did send them initially)
    2. Evidence that you maintained non immigrant status

    Please let me know if there is any attorney who is good and affordable

    Thanks in advance
    Shana

    did you receive one rfe for both cases or one each for each case?



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  • sanjeev.mehra@gmail.com
    08-06 01:17 PM
    Thanks for the link (opening my eyes).





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  • GCWhru
    06-24 09:16 AM
    Xgoogle,

    I am in the same boat. I believe you can go ahead and start your full time study, Now I don't think your wife's case is pending based on your work, since you already got your GC.

    Even in the worst case you can sponsor your wife with your GC status. I was kidding my wife that I become UC and sponsor her.



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  • sledge_hammer
    06-09 05:25 PM
    By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!

    I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.

    You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.

    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?





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  • imind
    03-12 03:50 PM
    You can go to dice.com or any other jobportal and search for any IT job and you will see lot of jobs says:

    NO H1Bs....ONLY EAD/GC/CITIZENSIP .



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  • bsbawa10
    08-16 09:35 AM
    I observed this repeatedly, a gmail user "prakashnetmkt" has been deleting all data repeatedly and I believe intentionally. I have reverted back to the old revision again.

    I have modified some permissions, so now you do have to login to be able to edit. Still it is easy to mess up the data if you want t

    Link below:

    http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest





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  • d123
    09-26 11:19 AM
    Congratulations.



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  • chanduv23
    01-14 02:42 PM
    IV can grow into a very strong organization in these lines being discussed. The best way to do it is to join the IVs State chapters and mobilize the community and do meets and greets and conduct seminars and many other constructive stuff





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  • jayleno
    08-13 10:32 AM
    What happens if everyone opens a thread for each goldmedal?...

    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.



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  • Life2Live
    11-06 07:31 AM
    My 485 petitions returned now we are in process of resubmitting. However, I see my I-140 was applied in Nebraska on Feb 07 and later my 485 petition on Aug 07 was sent to Texas from my employer. I do understand there are intertransfer between Nebraska to Texas.

    My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.





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  • srk49
    12-26 01:11 PM
    Hi,
    I am a new member based in CT. I am glad I attended the december 25th meeting at Stamford, CT. Himanshu presided over the meeting and gave us lot of new information about what's going on in the immigration world and how Immigration Voice is helping out.
    I think instead of fighting our battle alone if we come together and voice our problems there is a better likelihood of a positive outcome. Immigration voice can help us channelize our efforts and get the necessary immigration status.
    I don't want to wait half my life getting my green card. Life is short and there is no guarantee about anything but I urge everyone affected to join this movement. We are in a capitalistic country and nothing ever happens without necessary funds so I urge you to please donate generously. If you never buy a lottery you can never win it . It's a bad analogy but I hope you get the point :)





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  • GCEB2
    07-16 08:21 PM
    I guess u can apply seperately as each one holds individual H1 status





    indyanguy
    10-21 06:40 PM
    This is interesting. Is there a limit to how much can be written off as pre tax expenses? What is the main criteria for these expenses - does the employee need to work/live 50 miles away from home?





    eadguru
    11-02 09:29 PM
    See Signature...
    ----------------------------------------------------
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/17/07.

    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24 from VSC. Received 11/01
    AP - RFE for clear copies of PP 10/31
    No Finger Prints