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  • a_yaja
    04-27 11:47 AM
    Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.

    Hope this helps.
    Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.

    Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.




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  • siddar
    09-04 11:09 AM
    That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.

    This is my understanding....




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  • rayen
    02-05 03:20 PM
    18003755283
    1
    2
    1
    receipt no
    1
    1
    3
    4

    Good luck

    Chris,

    Thanks a lot I will try to reach them now.

    Thanks, again.




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  • maddipati1
    04-08 06:26 PM
    i rub ur wrong side, u rub my wrong side...



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  • gccovet
    09-04 01:42 PM
    I beg to disagree on this thought:
    I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.

    You can work on h1b - you will get H1b based on existing approved 140 and pending 485.

    If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.

    Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.

    LostInGCProcess, Chanduv23,
    Thank you for your replies, I appreciate it.

    So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.

    Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).

    Once again, Thanks a lot.

    Regards.

    GCCovet




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  • waitin_toolong
    11-18 04:47 PM
    the new FP EAD will be the one that you file for renewal, they will not automatically issue a new one.
    They stand to gain $340 from it.


    For the person worried about his EAD dont go by what the customer rep said, they are forever giving out incorrect information, majority of EADs issued in the last 3 months have been without biometrics.

    Wait for 10 days or get infopass appointment.



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  • pns27
    06-28 03:26 PM
    Did any one heard of EB3 India 485 Approved after June 26? Looks like EB3 visa numbers for this quarter for India is exhausted! If so then who many will be available in next quarter?

    When will the 40K unused EB quota of visa numbers will be available /open? In mid September? Can any of the Gurus explain this?


    My friend took info-pass and he was told that the EB3 India visa numbers are over for now and his case may be approved in next quota.

    Looks like the first 40K in the 485 queue whose processing is done will get there 485�s approved in late September.


    For some one like me who files 485 in June chances of approval in this year is less.:confused:


    I just want to set the expectations real so that we will not be subjected to perpetual checking of online LUD/Status, forums and also avoid huge disappointment.

    Pns27
    ***********************
    Concurrent I-140/I-485: No
    PD June 2002-non-RIR
    I-140 approved from NSC
    I485:--
    Mailed to (state NSC/TSC): NSC
    Received at (state NSC/TSC): NSC
    Receipt Date: 06/07/07
    Notice Date: 06/22/07
    FP Noticed Received on:?




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  • Berkeleybee
    04-07 11:50 PM
    We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.

    Posmd, this current fracas is about the battle over undocumented workers. That is the part that has to get past Sensenbrenner. I doubt he will waste his energies on us.

    And please everyone, do give our strategic counsel and the people who are much closer to the battlefield than you a bit of credit -- do you think we aren't lying awake thinking of every stragem and counter-strategem? Have we shown signs of stupidity? BTW, it is IV volunteers who have written every memo in our resources page, not our strategic counsel -- you'll have to agree the people who did that have brains. :)



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  • gcformeornot
    05-10 09:22 PM
    Job Title has to be same. Detail description does not matter. So if you are say "Computer System Analyst", new job should have same title. Duties do not matter. Higher salary is OK. No problems there. I-140 if revoked by previous company does not harm.

    Good Luck. I am also using AC21.




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  • zephyrr
    12-02 10:15 PM
    From another thread on IV, I've read that you should keep a copy of
    you approved 140 as proof that your 140 was approved. You should
    definitely check with a lawyer before making a move. It is true that
    you can get a 3 yr H1B extension based on your old 140. If the old
    140 is revoked, according to the law, you are not allowed to get an
    extension based on it - however, a memorandum issued by USCIS
    says that you can. It would be best to get a 3 yr extension before you switch.

    but employer keeps the LC and I-140. If I move to new employer
    what is the proof that my I-140 was approved.

    Thanks



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  • royus77
    07-05 08:40 PM
    I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.


    Getting I 140 approval through FOIA was talked a lot in the other thread . I didnt hear any body claiming they got through .

    one of my friend played a trick with the employer .he went to canada for stamping using his new H1B approval (H1B was approved for 3 years based on the I 140 stamp ) and call employer to send a fax from the embassy . he will do .




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  • bbenhill
    01-12 01:03 PM
    Its' very depressing state, I really feel bad about current state of affairs of economy...

    Its' very depressing , So lets close this thread :(

    But gcformeornot Don't give me read for that , Nothing against you , I am giving you green

    Skd, it was nice of you .. I gave you green :)



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  • ameryki
    02-29 01:50 PM
    Receipts usually sends to Attorney, who represent your case, if you signed G-28 form. You only get Notice for FP, Original EAD, AP. So don't worry abt the receipt. It should be with your attroney.

    What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?




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  • aranya
    07-01 11:42 AM
    Thanks for your replies.

    I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.

    I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!

    Only yesterday I had a converstion with my compnay lawyer on this topic.
    Her view is that I would have to amend the H1 for any location and/or responsibility changes.



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  • retropain
    09-01 11:08 AM
    What's particularly interesting is the number of 'scare words' used in this selected testimony on aspects of the CIR bill. Its a lot like Loo Dobbs "War" on the middle class. Its clear CIS, Nusa, FAIR provide the script to him on immigration matters. I knew Loo wasn't that creative in the first place

    =---

    TESTIMONY OF MICHAEL W. CUTLER
    SEPTEMBER 1, 2006
    HOUSE JUDICIARY COMMITTEE

    Chairmen Sensenbrenner and Hostettler, Ranking Members Conyers and Jackson Lee, members of Congress, distinguished members of the panel, ladies and gentlemen. It is a distinct honor and privilege to provide testimony at this hearing because the topic of the hearing is of truly critical significance. We are here to avert what I believe would be a catastrophe for the United States. The United States Senate passed a bill, S. 2611, that would provide incentives for a massive influx of illegal aliens, aided, abetted and induced to violate our nation’s immigration laws at a time that our nation is confronting the continuing threat of terrorism and the increasing involvement of violent gangs, comprised predominantly of deportable aliens, in a wide variety of violent crimes committed against our nation’s citizens. It is of critical importance that this hearing and others like it, illuminate why S. 2611 would expose our nation to unreasonable vulnerabilities especially in the post-9/11 world.

    A nation’s primary responsibility is to provide for the safety and security of its citizens and yet, for reasons I cannot begin to fathom, the members of the Senate who voted for S. 2611 are seemingly oblivious to the lessons that the disastrous amnesty of the Immigration Reform and Control Act of 1986 (IRCA) should have taught us. That piece of legislation lead to the greatest influx of illegal aliens in the history of our nation. Fraud and a lack of integrity of the immigration system not only flooded our nation with illegal aliens who ran our borders, hoping that what had been billed as a “one time” amnesty would be repeated, but it also enabled a number of terrorists and many criminals to enter the United States and then embed themselves in the United States.

    A notable example of such a terrorist can be found in a review of the facts concerning Mahmud Abouhalima, a citizen of Egypt who entered the United States on a tourist visa, overstayed his authorized period of admission and then applied for amnesty under the agricultural worker provisions of IRCA. He succeeded in obtaining resident alien status through this process. During a 5 year period he drove a cab and had his license suspended numerous times for violations of law and ultimately demonstrated his appreciation for our nation’s generosity by participating in the first attack on the World Trade Center in 1993 that left 6 people dead, hundreds of people injured and an estimated one half billion dollars in damage inflicted, on that iconic, ill-fated complex. America had opened its doors to him so that he might participate in the “American Dream.” He turned that dream into our worst nightmare. The other terrorists who attacked our nation on subsequent attacks, including the attacks of September 11, 2001, similarly exploited our generosity, seeing in our nation’s kindness, weakness, gaming the immigration system to enter our country and then, hide in plain sight, among us.

    As I recall, when IRCA was proposed, one of the selling points was that along with amnesty for what was believed to have been a population of some 1.5 million illegal aliens would be a new approach to turn off what has been described as the “magnet” that draws the majority of illegal aliens into the United States in the first place, the prospect of securing employment in the United States. In order to accomplish this important goal, IRCA imposed penalties against those unscrupulous employers who knowingly hired illegal aliens. My former colleagues and I were pleased to see that under the employer sanctions of IRCA, the unscrupulous employers of illegal aliens would be made accountable, or so we thought. We were frustrated that we had seen all too many employers hire illegal aliens and treat them horrendously They paid them sub-standard wages and created unsafe, indeed hazardous working conditions for the illegal aliens they hired, knowing full well that these aliens would not complain because they feared being reported to the INS. Meanwhile the employer would not face any penalty for his outrageous conduct. Finally, it seemed that the employer sanctions provisions of IRCA would discourage employers from hiring illegal aliens and would also make it less likely they would treat their employees as miserably as some of these employers did.

    Of course, we now know that the relative handful of special agents who were assigned to conduct investigations of employers who hired illegal aliens made it unlikely that employers would face a significant risk of being caught violating these laws and that they would face an even smaller chance of being seriously fined. Furthermore, the way that the amnesty provisions of the law were enacted simply created a cottage industry of fraud document vendors who provided illegal aliens with counterfeit or altered identity documents and supporting documents to enable the illegal alien population to circumvent the immigration laws. Ultimately approximately 3.5 million illegal aliens emerged from the infamous shadows to participate in the amnesty program of 1986. I have never seen an explanation for the reason that more than twice as many aliens took advantage of the 1986 amnesty than was initially believed would but I believe that two factors came into play. It may well be that the number of illegal aliens in the country was underestimated. I also believe, however, that a large number of illegal aliens were able to gain entry into the United States long after the cutoff point and succeeded in making false claims that they had been present in the country for the requisite period of time.

    To put this in perspective, I have read various estimates about the number of illegal aliens who are currently present in the United States. These estimates range from a low of 12 million to a high of 20 million. If, for argument sake, we figure on a number of 15 million illegal aliens, or ten times the number that had been estimated prior to the amnesty of 1986, and if the same sort of under counting occurs and if a comparable percentage of aliens succeed in racing into the United States and making a false claims that they had been here for the necessary period of time to be eligible to participate in the amnesty program that the Reid-Kennedy provisions would reward illegal aliens with, then we might expect some 35 million illegal aliens will ultimately participate in this insane program. Once they become citizens they would then be eligible to file applications to bring their family members to the United States, flooding our nation with tens of millions of additional new lawful immigrations while our nation’s porous borders, visa waiver program and extreme lack of resources to enforce the immigration laws from within the interior of the United States would allow many millions of illegal aliens to continue to enter the United States in violation of law.

    The utterly inept and incompetent USCIS, which is now unable to carry out it’s most basic missions with even a modicum of integrity would undoubtedly disintegrate. The system would simply implode, crushed by the burden of its vicious cycle of attempting to deal with an ever increasing spiral of rampant fraud thereby encouraging still more fraudulent applications to be filed. Terrorists would not find gaming this system the least bit challenging and our government will have become their unwitting ally, providing them with official identity documents in false names and then, ultimately, providing them with the keys to the kingdom by conferring resident aliens status and then, United States citizenship upon those who would destroy our nation and slaughter our citizens.
    I hope that this doomsday scenario will not be permitted to play out.

    Insanity has been described as doing the same things the same way and expecting a different result. Where our nation’s security is concerned it would be indeed, insane to ignore the lessons of IRCA.

    When I was a boy my dad used to tell me that there were no mistakes in life, only lessons, provided we learn from what goes wrong and make the appropriate changes in the way we do things. However, to repeat the same mistakes was to him and to me, simply unforgivable.

    Chairmen Sensenbrenner and Hostettler, I commend your leadership in calling this hearing to make certain that these concerns are made public and are taken into account, especially as we approach the anniversary of the fifth anniversary of the attacks of September 11 and our nation continues to grapple with the immigration crisis.

    America is at historic crossroads at this moment in time. Courageous decisions need to be made by our nation’s leaders. If our nation fails to select the proper path, there will be no going back. If our nation decides to provide amnesty to millions of undocumented and illegal aliens, I fear that our national security will suffer irreparable harm as we aid and abet alien terrorists who seek to enter our country and embed themselves within it in preparation for the deadly attacks they would carry out. The priority must be clear, national security must be given the highest consideration and priority where the security of our nation’s borders and the integrity of the immigration system are concerned.




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  • GSingh
    07-13 10:44 AM
    Its a good idea but make sure you guyz are comfortable. It must be hot out there.



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  • ambals03
    01-11 11:24 AM
    http://www.gpo.gov/fdsys/pkg/BILLS-112hr43ih/pdf/BILLS-112hr43ih.pdf




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  • ssa
    10-30 12:40 PM
    In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

    As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.




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  • LCtank
    07-14 01:44 PM
    EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.

    suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.

    What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.

    thaughts?




    CRAZYMONK
    08-16 03:26 PM
    There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.

    But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.

    Thanks,
    Srikanth

    Srikanth,

    It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.

    Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.

    So don't worry.




    sr123
    02-15 11:27 AM
    I agree with you. It is indeed very difficult to make people pull out a card and pay. As you said it will indeed increase the irrelevant post which will require increased monitoring.



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