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  • WhatheHeck
    07-12 11:05 AM
    Hello Friends,
    I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.

    Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.

    If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?

    My question is

    With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion




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  • gccovet
    06-17 02:34 PM
    Employer A:
    -Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
    -Employer A is threatening to withdraw the I 140 if I move out from their company.

    Employer B:
    -Fortune Client where am currently working as a contractor
    -B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

    I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

    However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?

    Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?

    Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)




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  • ups
    05-07 02:59 PM
    I and my husband both of us lost our passports too. We got it stamped again when we went to India. In between I transferred my h1s also with the copy of lost passport and duplicate passport issued by indian embassy ny office. It wasn't too difficult to get it stamped again from mumbai consulate india.

    You might get it stamped from Canada or Mexico. We just didn't want to take risk because we had copy of lost and inside usa we could do all our work(including transferring h1s) with the copy.

    Don't worry. It is not that big as it looks. Though indian embassy took 12 months to issue duplicate passport




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  • punjabi
    07-28 01:12 PM
    $100 is way too less.

    If I get GC, I promise I'll donate $500 to IV right away!!



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  • texcan
    10-19 01:48 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...

    I beleive it should be ok, as long as POE immigration does not ask for pay stubs.

    gurus, any input please.




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  • Alabaman
    03-26 02:55 PM
    ...and whats this poll going to do for us? I agree. Could we include location also in this poll. Salary & Location.



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  • Blog Feeds
    02-05 06:40 PM
    AILA Leadership Has Just Posted the Following:



    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:




    H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
    The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
    Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)




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  • forgerator
    02-12 11:25 AM
    if your employer is ok with the arrangement , why not?



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  • same_old_guy
    07-05 04:32 PM
    You should be ashamed to use LC subs and bragging about it here. People like you are making the whole things worse. When you get your I-140 rejected you can start nagging about how unfair the system is !!




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  • howzatt
    04-13 12:25 PM
    Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.



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  • kart2007
    10-23 07:27 PM
    AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.

    If you can post the legal references to support your point, it will really help many IVans.

    You are right, what i meant to say is that a MTR turnaround time is usually less than 6 months. And its not that the I-485 keeps getting denied more than once. For one denial, assuming a turn around time of 4-5 months, its still within 180 days of the 'allowed' time to work while out of status.




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  • grupak
    03-25 11:34 AM
    Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.

    Not sure the precise definition of passive exists. I would take it to be not involved in any business decisions or day-to-day running of the business. Just putting in the money and letting the CEO and the rest make all the decisions as in buying stock is passive. I may be wrong.



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  • PDOCT05
    10-29 11:00 PM
    ^^^^^^bump^^^^^




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  • jsb
    12-17 09:41 AM
    A million dollar question is : What order are they following ? I am having PD of April 14th , 2004. Still waiting.

    They definitely are not working in PD order. PD is only used to skip a case if not due. They seem to work in order of paper filed cases, which are perhaps stacked in order they physically receive them (which is generally a date a few days prior to ND). That's what they mean when they claim "we process cased in order we receive them".

    With above logic, your case was "received" in CSC in July08. Therefore, they are unlikely to look at it until they look those received prior to July'08. This is bad management, but that's how they seem to work. That also proves as to why they ask/get wider PD openings as year end nears (so that they don't have to skip too many cases when they pick cases one after another in order they physically received them).



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  • smartboy75
    07-17 07:13 PM
    Just a thought..if your lawyer has all the papers...he should also have your Medical examination report.....If you decide to file on your own where are you going to get the medical examination enveloe from ??? Hope u have thought about it




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  • desi3933
    02-10 04:00 PM
    Guys --
    I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
    has anyone being in this situation ?

    Thanks,
    gandalf

    Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.

    _______________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • Jerrome
    10-19 10:45 AM
    I have got the A#. Thanks guys..

    is this the number same even to my 140? I guess this number is assigned at the 140 stage.

    so if i give a call to USCIS and ask the status by giving the A# will they tell me the 140 status.




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  • shana04
    02-06 09:50 AM
    I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.

    I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.

    You have understand the pros and cons for H1 vs EAD

    H1:
    1. Expensive
    2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
    3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps

    EAD:
    1. Flexibility
    2. more options
    3. you can be out of status
    4. no employer problems
    5. if you have gap, when you extend. then you will be out of job
    6. you cannot fall back on H1

    so you need to decide.

    good luck




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  • jumanji4u
    05-01 12:01 AM
    I am on the same boat

    Here's my scenario

    I Was on H1B that Sponspored my GC with Comapny A, got my I140 Approved, passed more than 180 days after 485 and even got my EAD. Currently moved to a different company B that transfered H1B.I have my EAD that is not been used till now. Can I use my EAD to work on a part-time job. If I use are there any issues with H1B with my current employer or any issues while travellling. As I no longer work with the company that sponspored GC would working on a part-time EAD with another company create any problem with the GC process.

    Thanks,;)
    Jumanji




    a_yaja
    01-02 01:52 PM
    Guys, I am in the same boat with my passport expiring in 2007. I will have to get a new passport since the current one was already valid for 10 years (issued in 97).

    Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?

    Thanks !

    It took me just three days to get the passport from New York. I sent it by "Next Day" USPS on Monday (there was an option to get it delivered by "Next Day" USPS) and I got it back on Thursday by 10:00 a.m.




    bluez25
    07-26 10:20 PM
    Hi Rick,

    Are you saying plain white paper with out the letter head is fine?

    My local police is saying that they do not have a letter head printed.
    Can you share your number so I can call you some time today.


    I have sent you my local phone number to your IM . Please check..



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