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    • aandrew_19
    07-26 07:21 PM
    Guys�

    Urgent advise is required.

    My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:

    a) I moved to a different state and, (My work location on PERM is California)
    b) If I will be getting less salary than what�s mentioned on my PERM

    Thanks much,




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    • nashim
    08-15 08:50 AM
    It is not mandatory to join GC sponsor company while it is under process but it is mandatory to join after approval. Better to consult an attorney.




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    • tikka
    08-09 11:17 AM
    Check this out, get inspired

    N2KFOXvkHNM


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    • Anders �stberg
    July 16th, 2004, 01:40 PM
    Thanks for the kind comments!

    I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)
    Concurrent H1 and L1 [Archive] - Immigration Voice
    Log in

    View Full Version : Concurrent H1 and L1



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    • hebron
    06-21 12:23 PM
    suggestions? ^^^^^^^




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    • TwinkleM
    12-10 11:16 PM
    Pls. find the answers in red ink below. Also, all the answers are based on personal experience.

    on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
    My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:

    Am I an illegal resident now?

    Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.

    Until when can I stay in the us?

    The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.

    Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?

    Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.

    How long does the appeal process take ?

    It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.


    Can I work while the case is appealed?

    No. You cannot unless you have a back - up of EAD.

    How many days can I stay in us after the case is appealed?

    Till you get the verdict of the appeal.


    How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?

    There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.


    What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?

    No idea.


    Can I start working once the receipt for the new h1b petition comes in?

    No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.

    If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?

    If consulate case, then you will have to get it stamp to start working.

    Can i transfer my approved I140 to a new employer ?

    I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)

    I will really appreciate your feedback on this.


    Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.


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    • freedom4ever
    04-20 07:12 AM
    I filed on March 10 2011 at texas service center, check was cashed on 3/15. Hope that helps.




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    • looivy
    11-02 12:59 PM
    If this is a possible solution, have your Mother-in-Law visit Canada temporarily for a few day and have her come back to US. I am just floating this idea for discussuion.


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    • clif
    06-07 10:03 AM
    You can change jobs. Make sure you (or your attorney) send the AC21 letter to USCIS before your employer revokes the approved I-140. If you do that, the revokation won't have much effect, otherwise you may get NOID (Notice of Intent to Deny).




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    • tammigaw
    02-06 05:27 PM
    Thanks a lot for heart warming response .

    I greatly appreciate your comments .

    Ask him to go to hell!!!

    Pls go on and join wherever you like and tell him this is a free country like India.Go to a lawyer and sue him if he talks any further...Not to worry,my friend.


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    • tnite
    09-27 09:36 AM
    Even i got the Section: UNKNOWN thing from NSC. My 140 approved on MAY 2007, But online case status is still showing case pending, Is it because of this?

    Just to add to the pile, Mine says "UNKNOWN".
    So what? Move on guys and if you're still worried take it with you to FP and ask the IO




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    • intheyan
    07-17 05:17 PM
    Murthy ji and Rajiv.S.Kanna are very good lawyers. Please don't use any bad words. You will really be in trouble.


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    • logiclife
    06-01 06:33 PM
    No, you cannot file for I-485 unless your PD is current. This is as per the current law.

    Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.

    As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.




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    • guchi472000
    03-18 04:27 PM
    I Have my EAD card but my spouse was in India when i applied for EAD. That mean she doesn't have EAD card rite now.

    Can she get EAD or SSN?

    Pls help.....


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    • VisaExpert
    08-18 04:53 PM
    The above blog doesn't have up to date information. I had my visa appointment last month and it went very smooth. I felt confident too not only about the interview but also about the surroundings......thanks to the blog below.
    H1B Visa Stamping Tijuana, Mx (http://www.tijuanah1b.blogspot.com)




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    • smmakani
    07-09 11:04 AM
    CP Filed at Mumbai Embassy - India
    PD: Oct 2003


    I would suggest to start a separate thread to know who are CP filers in the forum and then we can have a conf with IV to discuss what needs to be done. We can also send the private message to each to share our contact info.


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    • ssingh92
    01-24 12:53 AM
    Although reference in the text above refers to "receipt date shown on your receipt", I doubt if they really mean that. As per latest processing status, all cases with RD = July 2 should have been processed by now. Is that true? I doubt.

    True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.

    If I check my case online I see following

    On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...

    On Receipt Notice I-797C -Notice of Action I see following

    Received Date : June 25, 2007
    Notice Date : July 25, 2007

    I dont know why online case status says that "On July 24, 2007, we received ...."

    Do anyone of you see such date mismatch.

    Thanks,




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    • kumar07
    09-14 04:45 AM
    thnks immiusa, ur answer is really helpful!...

    but, how do i give more evidence that the job offer is genuine..I will have the project report document and other docs sent by the company..how else can i be assured that they will be convinced??

    Appreciate for your help.




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    • lazycis
    12-11 06:00 AM
    wow !! Good... so you too applied after your EAD had expired... and you continued to work on H1. That gives me a good feeling... thanks. Can you share your situation a little more (or I can give my email seperately). I was also wanting to know if you ae aware whether EAD can be applied from outside the US, just in case I had to do that...

    That was exactly my situation - working on H1 and having EAD just in case. I was not planning on changing jobs and H1 was just extended for another 3 years so I think I waited almost a year (after EAD expired) before applying for EAD renewal. I do not see why you cannot file it from outside the US if you file by mail. There will be an issue if you e-file as you will have to appear at the ASC to have your picture taken. So file by mail, all you need to send is form I-765, a copy of I-485 receipt, a copy of current (old) EAD, 2 photos and a check for $340 payable to DHS.




    aarzoo
    02-02 04:48 PM
    I have a labor approved for the requirement:
    "Must have BS in CS, EE or related field w/5 years of related experience"

    EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

    Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.




    wandmaker
    06-05 05:20 PM
    USCIS has regular pickup schedule, it is the case with few of the applications mailed thru USPS - DONT Worry unless you want the application to reach on or before a specific date.