Wednesday, June 29, 2011

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  • snathan
    10-14 12:38 AM
    My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?

    No...need to start the GC from scratch. You can not use your I140 as you no longer employed by the GC sponsor and can not use AC21 as I-485 was not filed.




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  • deba
    01-25 11:35 PM
    As far as I know, USCIS considers CP as abandonment of I485 app. I am not sure you will be able to convert back to I485 again. Also, I think you will lose all your AP/EAD benefits. Check with a lawyer tho.
    Here is a helpful link on the subject from Murthy's website:

    http://www.murthy.com/Chatdb.asp?Search=&Type=cp&page=3




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  • altima_le
    09-24 09:38 AM
    I have a question regarding Multiple I-140s.
    I applied for I-140 (PD: 2006) and it got approved in 11/2006;
    I applied for LC-sub (PD:2004) and it is pending with USCIS

    I applied for 485 in July 2007, My question is which PD will USCIS consider? Does it take the one with approve I140 or the pending one ? form 485 does not show the PD anywhere.




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  • chanduv23
    02-21 10:57 AM
    I heaard you can work for multiple employers on multiple h1b's part time but one job must always be fulltime.



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  • posmd
    04-02 12:48 PM
    The question is when.

    Before or after the fall elections.

    The current thinking is somehting will pass in the senate. Most likely with some sort of temporary worker status for the illegals.

    If it offers a path to citizenship for the illegals then it will die in congress, if not then it stands a chance in conference.

    If there is deadlock then this issue will be pushed to until after the elections.

    That's my take on things.

    Did you guys see Sen Frist on CNN wolf Blitzer show? Likewise that was the view of Sen Grassley.

    Sad for us we are stuck in this politics.




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  • GC_SUCK
    08-07 02:50 PM
    Just spoke to IO at NSC. Asked about my case. NC is clear and right now processing 09/06 cases so no movement on my case.

    Asked if it has chance getting approved by the end of this year. She said, depending on how many visa no. they get from DOS, there are fair chances that it may get approved by the end of this year.

    I still do not trust them, but her kind words gave me little hope.

    PD- - 04/08/2002 (ROW)
    I-140 RD - March 2007 (Approved)
    I-1485 RD - March 2007 (PENDING)



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  • rajeshalex
    07-17 08:28 PM
    Hi All,

    Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.

    Anyone got any clues?

    Thank You

    Rajesh Alex




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  • akhilmahajan
    08-28 12:37 PM
    hi !
    we have recently finished our finger printing ... can anyone tell me what will be the next step ..

    thanks

    Sir, you have done what ever you can do, now its the turn of the government.

    So i will definitely request you to help IV in any way you can do.
    I am sure you must be aware about the september 18th rally.

    If you can join us, that will be the best thing to happen.
    If for somewhat very good reason you cant i will really appreciate if you can spread the word around. Every or any kind of help will be really appreciated.

    It is either on 18th of September or Never. Think over it hard



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  • casinoroyale
    07-01 04:13 PM
    Thanks Reddy.

    CasinoRoyale,
    My question exactly, There are so many so called consulting company which might do it for a cost, but is it legal.
    Reddy, says yes. Anyone else?

    Consulting company doing it for a cost? Sorry, I did not understand. Why do we need consulting company? What costs?

    Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.




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  • GCBy3000
    07-22 10:05 PM
    You have to find a consulting company who have already finished all the ads and recruitment work and ready to file for PERM for someone. In this case, you can get along with this person and apply for the labor. This is very tricky as you have to find a position which meets your skills.

    If you find one, don't wait to prepare for 485. Get ready everything ASAP in that case.



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  • mukeshmjoshi
    09-16 10:48 AM
    Keep faith in yourself and the Lord, some day it will happen for sure.

    Prayatna (Try): We already did apply
    Pratiksha(Waiting): We are already doing it.

    and

    Prarthna(Prayer): If not doing, try it. It works for all.




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  • shaikhshehzadali
    07-06 06:44 PM
    Where did you get "25" days from? Also, wouldn't it depend whether you sent it to NSC or TSC?

    Thanks,
    Jayant


    Compliance is only for people who have filed on or before june 29th...So each of the service centres will complete receipting all I-485 filed on or before june 29th by the date mentioned in the compliance document....Then probably after that they will start rejecting I485 at their own pace..



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  • VMH_GC
    07-22 12:46 PM
    our ead is expiring in sep1st week. My attorney has just filed for ead renewal, am still waiting for a receipt no.

    Since am working in H1 and not used EAD yet, i wont have any problem.
    My wife is currently working on H1B and had plan to switch on EAD, although she has not started using the current EAD.
    And her H1 is also expiring in september.
    I am now afraid what will happen if her EAD doesnot get renewed before the expiry date. She may neither be able to work in H1 nor EAD.

    i should have applied for ead renewal myself instead of waiting for employer to file. The process is getting delayed now.

    Guys, is there any way to expedite her EAD to be approved soon?
    can she continue work in h1 even if her h1 has expired until 90 days?




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  • newbie2020
    04-29 03:48 PM
    I came across this one very interesting read on how the Visa cutoff dates are established...

    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf



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  • averagedesi
    06-20 05:20 PM
    From what I understand the author means coud be mid July of 2007, note the words .. WITHOUT PRIOR NOTICE




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  • gc2
    01-11 07:53 AM
    I was in similar situation sometime back. It seems that CP is tied to I-140 (not 485) thus primary applicant is only eligible for CP. Check out visa bulletin date progression for family class - these are catching up with EB2 dates. I would imagine when you get your GC, you could apply for dependents in family class and expect to have the same cleared in a year or so. Again this is purely speculative.



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  • maximus777
    12-22 06:52 PM
    Not a big deal in my opinion - the visa system needed a rehaul in any case. Cant undertsand how a tourist visa can double up as a business one.




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  • roshnichowdhry
    10-05 06:26 AM
    Thanks for that information! How long did it take you to get it stamped? Did you have to book a date with the consulate there? Can you give me a little walk through?

    Thanks again
    Roshni




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  • ksvreg
    07-19 02:40 PM
    My I-140 approved. Based on the July 2007 Visa Bulletin revision threat on June 30th, I have prepared and submitted I-485 package with all necessary documents along with approved I-140 copy. I sent the package to Nebraska Service Center and it reached on July 2nd. In the last minute, my company also submitted the I-485 package. My company sent the package on July 1st and reached on July 2nd at Texas Service Center. This was happened due to some communication gap between my company and me.

    My questions are:
    1. Will there be any problem if there are two package submitted? One from me and one from my company law firm?
    2. Will they reject one of the package? If so, which one will be returned?
    3. Is it possible to withdraw one of the package?




    hibworker
    12-15 02:48 PM
    Request for Change of Status means that you are physically present in US and requesting a change in your immigration status, in your case from F1 to H1. However if you leave the country when COS is pending, your COS application is considered abandoned as it is assumed that you'll re-enter using the status that you desire.

    Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).

    Here are your options:
    1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
    2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.




    uscisc
    09-10 05:56 PM
    You will not have problem because of H 1 B withdrawal. For that matter, even if they revoke I-140 you will not have any problem.

    But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.

    In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.



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