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  • cygent
    12-08 07:31 PM
    Thank you very much.

    You are very welcome Pappu. Now let us put it to much good use!! C'mon everybody lets do this!! It is time to turn things around this holiday season.





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  • Raj_345
    07-11 04:51 PM
    Thank you so much for the information :)
    I am sure this information will help many ppl in this situation...I'd really appreciate if others can chip in their thoughts as well...





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  • rvr_jcop
    02-17 12:34 AM
    Hi,

    I have completed 6 years on my H1 and then got a 3 year extension as my 140 was approved when I applied for H1 renewal. This is all with my current company where I am working on H1 and they have applied for my GC also. I also have a valid EAD till 2010 which I am not using currently.

    If I get a new job, can I transfer my H1 and still keep my GC process going on or do I have to switch to using EAD at the new job instead of H1 ?
    Basically, am wondering if we can transfer H1 and that way have a backup just in case of any issues with EAD.

    Thanks for your advice !

    Yes, you can do that by invoking AC-21. You dont have to be on EAD to join another company. You are perfectly OK if they are willing to tranfer your H-1 from the old employer.





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  • rsirpal
    03-25 11:16 AM
    Ported EB3 to EB2 India Green Card Approved on wife's birthday :D

    EB3 India GC PD 03/27/2003 :o
    Labour approved : 08/01/2003 :)
    I140 & I485 applied concurrently on 08/16/2003 in NSC :)
    I140 denied due to education on 05/20/2004 :mad:
    Applied MTR and I140 approved on 07/24/2004 :)
    No count od EAD's & AP's applied :confused:
    Switched job using EAD on 02/15/2005 :cool:
    Remained on EAD status since than :eek:
    Applied EB2 Labour on 08/15/2010 (started Porting process to EB2) in TSC :p
    Labour approved on 12/12/2010 :o
    Applied Premium I-140 01/15/2011 (Paid extra $1200 for that) in TSC :)
    Eb2 I-140 approved on 02/08/2011 :o
    Notification for approved I-140 sent on 03/06/2011 ;)
    Lawyer notified NSC of pending I-485 on 03/08/2011 :rolleyes:
    Recieved approval email on 03/24/2011 :D


    I strongly recomend all EB3 folks who are retrogressed for more than a year to port over to EB2 if possible. Do not waste your time trying to pass some bill in favour of legal immigration etc. It will not happen. The money spent on porting is worth it . The wait is not worth the stress, tension etc.



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  • vali
    11-14 12:07 PM
    - The A0XX XXX XXX is the A number or alien number
    - Nothing good or bad. It is sometimes there on the 140 approval notice also. It is there on 485/765/131
    - No one knows when you will get your GC. Your PD is old so you may get lucky soon...



    Thanks for your prompt response.
    - still I feel that only because I received just now after 8 years this A#, seems to me that only at this time I'm registered as an immigrant?
    That is what alien number means in English ? Sorry.





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  • EndlessWait
    06-29 12:07 PM
    what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions


    dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..



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  • Curious_Techie
    08-07 05:53 PM
    I came back on Sunday after landing with a expired visa but valid H1B till 2010
    My family had valid visa till sept 07





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  • jthomas
    05-05 06:16 PM
    What happens to the GC petition? I guess that is probably also Amit's concern in the long term

    - cheers
    kris

    It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.

    I have a canadian PR so i took the risk of taking unemployment benifits.

    you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk

    Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.

    J Thomas



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  • kanyewest
    04-22 11:39 AM
    You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.

    I thank you for your time in understanding this complex scenario.

    The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.

    If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?





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  • rsayed
    05-06 12:40 PM
    I am about to start my GC processing under EB3 category. I know my chances are extremely extremely slim. I am filing for GC hoping that CIR or some other bill to clear GC backlog passes.

    My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?

    I am assuming 2 years. Am I correct ?

    I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.

    Is the situation that exists today any different than it was in year 2000 or 2001 ?

    Any comments will be greatly appreciated.

    Quite honestly, NO ONE can predict accurate wait times. Even, if some form of Bill gets through - it is anybody's guess as to how much time any of us will have to wait in order for us to be able to file our 485s'.

    Expect to wait for a long time...



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  • gconmymind
    02-29 01:00 PM
    Just ask your company to furnish all financial evidence asked for, like Tax statements, Revenue, etc. This is a one of the more common queries for 140. Dont worry too much and respond as soon as you can.





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  • vinabath
    07-02 03:05 PM
    I paid for a 2007 labor for 15k. Now I am screwed.



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  • WaitingForMyGC
    01-11 01:39 PM
    Any more suggestions.. guys?





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  • forever
    07-27 03:46 PM
    Can I interfile even if PD is unavailable?
    No. At the time of interfiling, the priority date should be current.



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  • Lasantha
    04-01 05:46 PM
    I agree 100%

    In simple words..
    Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..

    Here's what we do know
    I485 filing provides MAJOR benefits.
    140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
    485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
    So GO AHEAD file concurrently..





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  • WTFever
    12-03 12:54 AM
    I have been thru K-1 crap and finally got my wife here from vietnam. I only have one last thing to say to you all......you should ALL be working for the red tape system. No one willing to take a second and offer ANY useful advice, which was my query. Instead I have not filled out the proper form, crossed all the T's and dotted the I's and can't get any help...form rejected....NEXT!



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  • EkAurAaya
    07-10 09:55 PM
    flush this theory of mine... may be it was just a flook that 9 cases followed a pattern (and i thought i just decoded it LOL)... but this just confirms that applications dont reach Service centers they actually reach a black hole :D





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  • saibabu_d
    08-03 10:06 PM
    lin0722554234
    LIN -> Nebraska
    07 -> Year in 2 digits
    225 -> Number of working days since October 1 2006
    5 -> Default for all electronic data
    4234 -> Serial number for the receipts issued on that day starting with 0001.





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  • techbuyer77
    06-12 03:47 PM
    up





    answers_seeker
    07-18 10:25 AM
    Guys,
    Can any one explain his comments,

    "We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

    Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
    Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?

    Greg's blog is referring to the very few applications that when filed to TSC were not accepted (as opposed to accepting and then sending it back). NSC as far as I can see has been holding onto applications all the time. Even in the worst case that they return after the 17 th of august by mistake, we can send it back since the original application was returned in error as per the revised visa bulletin.

    This VB fiasco has made us all a little bit too paranoid I guess :)





    miamikk
    10-22 11:40 PM
    I completed 6 years of H1B in Sept 2009 and my employer has filed for recapture of time and after recapture my H1B should expire on Jan 15, 2010. I have received Notice of Action from USCIS and I am not sure if I will get approval notice before Jan 15 as I heard the regular application process might take up to 6 months.

    I have couple of questions:

    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?

    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?

    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?

    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    I really appreciate any suggestions.