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  • gc_lover
    07-24 12:17 PM
    Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?

    If you have a screenshot of approval, you can use that to file concurrently!

    I am in exact same situation, except I have already filed on July 2nd. I am not very sure about this whole thing, but some lawyers are saying this only applies to people filing from July 17 to Aug 17th, I dont know. I will keep my fingers crossed and see what will happen to my application.




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  • easygoer
    10-09 06:17 PM
    Can IV core put some light on -

    Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?

    If NO, any way to add that in?

    Thank!

    Is there any plan by IV for quarterly spillover. We could do it collectively like send letters to senators or Ombudsman?




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  • cdeneo
    09-21 06:32 PM
    I got my answer, the very next question talks about I-140 withdrawl and its impact on the AOS application if job changed using portabiliity within 180 days of filing.




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  • octoberbloom
    01-11 06:59 PM
    We are seeing several of these kind of posts these days. Many people come up with questions for using AC21.

    Joining an employer is not a overnight decision.
    You should wait with patience before taking these kind of decisions.
    It might ruin your whole GC process.
    Every single creature in this world cries and fights for its freedom.

    But, dont think of using AC21 unless you dont have an option to use it or in a situation of getting fired.
    Whole GC process is a test for patience. And we all can wih this GC one day.



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  • nav_kri
    03-23 03:10 AM
    Folks,

    I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.

    My prayers are with their families




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  • BeCoolGuy
    04-16 09:46 AM
    EAD/AP is personal choice. Employer can only govern what he has under his control - which is LC and I-140. He cannot chose to not allow EAD or AP, and you are not obliged to inform him. Good employers sponsor everything and the rest dont. But legally (i am not a lawyer though), they cannot do anything with you if you apply for EAD and keep it as a backup. Yes, if you chose to use your EAD to do extra work in addition to your employer's it may come against company policy. But if you intend to just keep it as a backup, there is nothing wrong..

    Go to USCIS efile website and file it on your own (EAD and AP).

    Gudluck



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  • smuggymba
    05-12 01:23 PM
    I don't mean to hijack the thread and my PD is 2010 anyway but I have a question also.

    We know that we need to get all this vaccination thing done during 485 stage and a civil surgeon does that. But do we need to get all this done/verified at our regular physician before we go to the civil surgeon?

    All of us have these polio, measles thing done but we don't have a record to show. So does the doc give us new/follow up shots to fulfill the criteria...and we take that to the civil surgeon.

    looks like the civil surgeon is just a stamping authority, the real deal has to be done by our doc. Please let me know.




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  • horscorp
    02-06 07:37 AM
    Hello,

    My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:

    H1b start date: 01-Oct-2004
    Perm applied: Jan-2008
    Audited Twice: First time because of FRAGOMEN and second time asking for some documents
    Perm Status: Pending
    Original H1b expiration: 30-Sep-2010
    H1B extended because Perm has been pending for more than a year
    Current H1b expiration: 30-Sep-2011

    I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.

    In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.

    thanks



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  • Ann Ruben
    06-30 07:38 PM
    RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.


    Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?




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  • kvrr
    03-20 04:59 PM
    Here is the link from USCIS website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34dd9b5d82420210VgnVCM1000004718190aRCR D&vgnextchannel=e7d696cfcd6ff110VgnVCM1000004718190a RCRD



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  • BharatPremi
    12-21 07:59 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...

    Truth:
    ------

    USCIS has decided to keep EB2/3-IN,China,Mexico,Philipines applicants in virtual jail for an average 7 to 10 years. So in reality it does not matter what you choose. Whatever you select you will be at mercy of USCIS. Only one thing you should do, in my opinion, not to become monkey if your real goal is to achieve GC in short span of 4 to 5 years. As you hop trees add more number of years per hop. By the way this is the first month you see EB2 retrogressed.
    EB3 was in hell for last 4 years. So I am seeing at least 2 years for EB3 moving fast. Your category will be in real effect after at least 4 years of your filing and you can not predict what will happen after 4 years. Only one action is in your control and that is not to hop seeing short term gain."Exploitation from employer" OR "Temporarily seeing particular catgory moving fast or slow" are not good reasons for hoping in the path what USCIS has defined. SO if you try to cross that then you will be in this hell for more years. Whatever you select stick to it till the day you get your GC.




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  • pom
    05-11 05:01 PM
    Cybergold, you win :)



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  • kurtz_wolfgang
    08-23 09:02 AM
    First of all Congratulations, ConchShell.
    :):)

    Did you get soft LUD on your 485 or 140? Since I received a soft lud on 485. NSC




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  • sajimm
    08-05 01:18 PM
    It's too early to make a judgment on this since I haven't seen the actual text of this bill. With Sen.Sessions history, I highly doubt whether there is anything good to EB folks in this bill.

    Most likely this is just election politics.



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  • lvaka
    05-19 02:17 PM
    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?

    Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.




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  • rally
    07-12 10:41 AM
    http://www.cnbc.com/id/19638235/site/14081545/page/2/



    Condi is the boss , Emilio Gonzalez was just following orders.

    We should not let condi forget her roots. Let her not forget that this country facilitated her immigrant ancestors to settle here. Being a citizen of this country, she was able to rise to this powerful position that she is now.



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  • gcadream
    03-12 01:21 PM
    80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
    At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.

    Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.




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  • GB2India
    08-18 08:56 PM
    Can you apply for AC21 for a normal promotion progression from analyst to manager....the job is same but the manager job has additional managerial responsibilities.




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  • RDB
    09-16 01:37 PM
    There is no LAW that mandates this!......It's kind of a best practice thing - people usually recommend 6 months.

    Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D




    InLineOnLine
    03-10 08:38 PM
    Thanks for your response. She has some time spent on vacation. I will talk to the employer to see if they can help us out in this matter.

    Regards.




    wandmaker
    11-06 11:39 AM
    Hi All,

    Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

    1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

    2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

    3. How long I can continue with future employment in the GC process?

    4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

    5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

    All the best!!!

    -
    Regards
    Ajaykumar

    #1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.

    #2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.

    #4 - As long is your labor is pending, you can extend your H1B by 1 year until it is approved or declined.

    #5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.



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