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  • GCard_Dream
    04-05 03:29 PM
    I am in my 6th year H1B and have an approved I-140 (EB3) with PD in 2005. I am seriously considering moving to another company in order to be able to file in EB2 because of current priority date in that category. You guessed it; I am from ROW and I will qualify for EB2.

    I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:

    * transfer H1B - 1 month
    * New labor - 3 month (max)
    * I-140 - 1 month (premium)

    So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.

    1. Is the timeframe I am thinking realistic?
    2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
    3. What could be the greatest risk in transferring companies at this stage?

    Thanks in advance for your help.




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  • TwinkleM
    06-25 11:50 PM
    Thank You Ms. Sen.

    Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?

    Thanx in advance




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  • satyasaich
    12-03 04:12 PM
    To the best of my knowledge, people like us who are waiting for Green Card are NOT eligible for any sort of unemployment benefits.

    Correct me if i were wrong.
    Note: Even if one earns 40 credits of work @ 1 credit per quarter which is 3months & if that person is not either Perm Resident or citizen, THEN no way one can claim for any unemployment benefits.
    Because i crossed that 40 credits already and still my SS benefits statement cleary says that i'm not eligible due to the fact that i'm NOT a perm resident a.k.a Green Card Holder
    Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?




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  • sumanitha
    07-12 05:35 PM
    Take one by one and try to answer properly.

    1. What is CIS is returning visa #'s to DOS.?

    There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

    2. How USCIS and Consulate can report unused Visa #'s?

    You might be reading the I-485 rejection cases by CIS and Consulate
    You might be hearing about USCIS is unable to process the applications received
    You might be hearing people could not able to file whose cased were current in June.

    All these Visa #'s are reported back

    3. To me around 20000 such numbers are available for this years quota

    4. Can my applications sneak into this #?

    Answer is uncertain.

    If your have an old priority dates then probability is high

    If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

    5. What would August VB have?

    If they do not approve any July2 filling then here is what they will do

    a) Retain petition with old PD and adjust them in Aug
    b) Reject all I-485 application for candidates recent PD

    They are making a decision fast, that the reason Aug VB is not yet published

    6. Will USCIS reverse the new decision?

    Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

    7. How about Law suite?

    :) Do not worry there is a slick chance. All govt depts. are inter related.
    Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.

    State--> Immigration --> Justice are all same with different names.

    I have no hope from this process. It's just building a fake hope.

    8. People are still filling the application.

    Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

    There is no guarantee that you will process your application from XYZ law firm in Oct.

    If you file now through them, you are bonded with him until you hear some good news from CIS.

    There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

    Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.


    Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.


    I dont think whatever you are saying is true...

    State--> Immigration --> Justice are all same with different names.

    Please be careful while you post since lot of people are viewing it.



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  • sad_angel
    05-17 11:51 PM
    i filed i-130 for my husband ( he is not in the u.s ) and it has been pending for 20 months . 2 months ago they sent the file to the local office in L.A and 20 days ago they transferred the file to the NBC . is this normal plz :( ????




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  • bablata2007
    11-27 03:36 PM
    May be I wasnt clear in my query. Here is the situation:

    I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?


    So an H1B transfer will still work out in my case?



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  • yabadaba
    06-28 09:08 AM
    ^^^^^




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  • kumar.yerr
    12-15 05:36 PM
    I attended Visa Interview for my H1B extension today (Dec 11th 2009) at Hyderabad Consulate.

    I do have a genuine job and had been working for the same client since the day I started working in the US..

    VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.

    Below is conversation:
    1) DS-156, 157 & Passport
    A) I handed him those docs.
    2) Are you returning to the same job?
    A) Yes sir
    3) Can I see the client letter?
    A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
    4) Can I see your Paystubs?
    A) Gave him all the paystubs since May 2007.
    5) Why are the amounts different in paystubs?
    A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.

    He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.

    Couple of questions:
    1) Should i drop my passport along with all other documents?
    2) What is the success rate and
    3) Why do they usually issue an Yellow slip?

    Any help is greatly appreciated..

    Thanks and Regards..



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  • TheCanadian
    01-01 10:27 PM
    What about AS1?




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  • kartikiran
    12-03 02:40 PM
    Here is what I am going through.
    On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.

    I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.

    Please take this as a lesson and have the AP applied ASAP.


    I understand how tough it is to go through what you are going through. I know how it feels when a parent passes away and we are miles away from them.

    I wish you had got your document before. But try calling the congressman/woman for more help on this. I understand the time has passed when your presence was desperately needed, but you still can visit home and be that pillar of support or a shoulder to cry on for your family members.

    Take Care.



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  • vrbest
    01-21 05:50 PM
    Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...

    Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?

    Thanks in advance!




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  • linuxra
    02-17 08:09 PM
    currently iam working with vsginc they filed my greencard processing through different company axiom
    i applied for 485 and iam past 180 days
    i have never been on axiom payroll
    can anybody tell me can i use ac21 portability ?
    Thanks



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  • zCool
    04-01 03:40 PM
    Looking at your scenario
    Moving to another employer and keeping 485 alive is only theoretical option to you.
    In reality and practical terms your plan is fraught with risks and is probably not worth it.
    If your situation isn't dire and current employer is paying on time and this next employer is not "once in a life-time" type of opportunity.. STAY!




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  • mlkedave
    03-07 08:05 AM
    o, i didn't realize the order, i feel pretty stupid...



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  • chapsi29
    06-25 10:58 AM
    Thanks for your quick response.

    As much as I want the W2 ASAP, the issue is what is the amount that should be on the W2 as I did not get paid in 2007. The W2 legally should only contain the wages that you have received in that year.




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  • lee.cook
    May 28th, 2007, 11:06 AM
    Ok now im screwed, my sensor is filled with dust spots as I can see it on the sensor myself..

    http://img516.imageshack.us/img516/1959/dsc2412uw4.jpg (http://imageshack.us)

    Just thought id share this with you as im really annoyed right now



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  • krishnam70
    05-08 03:52 PM
    Thanks. Great to see someone active and contributing despite getting the greencard.

    If we have more people like you we can work on trying to get the eligibility start time for citizenship counted from the time I140 gets approved rather than the day you get Greencard.

    This maybe a big change and even help us politically as more people will become citizens earlier and can vote.

    This is something for all IV GC holder members and all other GC holders everywhere to think about. They are invited to have a dialogue and participation in such an effort if interested.


    I have benefited by using IV though I joined late but I like the work IV is doing and try to do my bit in whatever way i can. I wish more people start working towards the common goal

    -cheers
    kris




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  • Sakthisagar
    05-03 11:32 AM
    Yesterday on CNN, State of the Union programme Candy Crowley asked Sen Charles Schumer what is next? Energy or Immigration.

    He replied with a hearty laugh. Well I don't know. we need to wait.

    I think no one is serious about Immigration bill now.




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  • ameryki
    08-30 11:03 PM
    There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks

    my friend even after knowing about uscis as much as you do now you still think they go by judgement? there is no "issue" with your ead hence you cannot do anything about it. nowhere does it say you are guaranteed 2 yr ead.




    file485
    09-27 11:16 AM
    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..




    logiclife
    12-15 11:27 AM
    I think if you have 2 years left, you will get H1 transfer and the new H1 will have 2 years. After those 2 years, you will get another 3 years if your 140 is not revoked by your previous employer.

    Immigration Voice has this program for free legal advice(see homepage, 4th item) where we are getting help from Sonal Mehta-Verma. You can consider her for hiring as your lawyer. Her website is http://www.nankin.com/ .

    -- I am promoting this lawyer on this website as this website and organization have sought help and she has given free legal advice to several IV members on the scheduled conference calls. I dont personally benefit from this promotion or from the business directed to this law firm.



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