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rajenk
07-15 01:53 PM
The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

1. Join the new company (the client of your current company)

2. Have them file labor certification.

3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.

That is all it takes. This is a standard process.

Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

Hope this clears your hold up.

PM me if you need further clarification.

Good luck on your new job.

-Raj:)
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Munna Bhai
12-14 09:43 AM
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!

Thanks!

I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007

Please update us once you receive RFE, I will update the items.
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GCSOON-Ihope
11-05 10:35 PM
When you already hold an H1 and it comes time to renew it/ file for extension/ 7th year etc, or if you want to switch jobs, you don't have to worry about the H1 quota. You can file at any time of the year, regardless of H1 availability.
Your new H1 will be exempted from the quota, hence called "non-cap".
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GCHope2011
08-10 02:17 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.

Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
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ks_ls
01-14 07:11 AM
Hello,

My sister is 33 years of age and appeared for visitor's visa with her 3-year old daughter.

The visa was denied by the Mumbai consulate. Was asked the following questions:

1. Why do you want to visit the US? --> Tourism
2. Who will you travel in the US? --> Brother
3. Is your husband going with you? -- NO
4. Husband's salary? ---> upwards of 35 lakhs working with an MNC
5. How long ? two months
6. Where will you travel ? ---> DC, NY, Chicago, Disney etc
7. What's the status of your brother? H1-B
8. Does he have any children? NO

Sorry your financial condition is not good..rejected!! Not sure what triggered that comment.

Now, I am thinking of applying for the visa second time in a month or so. I am not sure why they said your financial condition is not good. Sister tried to show the document but the officer would not look at it.

The guesswork begins. Next time, I am wondering if I should be the sponsor of her application or show that her husband can sponsor the trip.

Any advice? Any experiences people have?

Thanks
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bigboy007
10-11 05:01 PM
Thanks for replying... Appreciate it ....

I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.
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ha002
06-15 06:05 PM
I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across
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Templarian
05-10 05:03 PM
^MSDN is the help files.
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Canadian_Dream
09-19 06:33 PM
Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.


That's why there is a saying that you should never watch sausages and laws being made.

The Cantwell amendment and Lieberman amendment will fail to pass the vote. It doesnt matter whether its ordered to lie on table or whether its ordered to take a nap on the table or have some lemonade on the table. And it doesnt matter what any of those "Motion to... " means.

Both of those amendments, if debated, will fail. It will take 10 seconds for Bernie Sanders, Ted Kennedy and Dick Durbin to scream on top of their lungs and kill it. And the reason is very simple. There is a massive H1B exemption ON TOP OF 180,000 QUOTA. People who have been so successful this year so far in restricting H1 and employment based GCs are not going to miss that nice little H1 exemption at the bottom of both these amendments. So stop scratching your heads over what the "lying on table" means, because whatever is lying on table is unpassable if it somehow awakes from the table and starts dancing in the well of the senate floor.
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optimist578
12-28 09:51 AM
To my understanding, if a person holding EAD is allowed to change jobs, he is not really tied to any particular employer. But the job description according to the I-485 form should hold true to anything you do till it is approved.
I am not sure if you can take a leave of absence, though. My hunch, would be 'no'. I am also in a similar situation and looking for some advice. Let me know, if you find an answer.

Thank You.

All the gurus on this forum,
I have this questions and I have feeling some of you are considering doijng this;;;;

My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
IF my employer gives me Pesonal Leave of Abscene for one year....without pay
can I take off for studies without impacting the GCprocess?

Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

I would love to connect to anyone who is similar situation......

PLEASE respond
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fullerene
11-17 01:30 PM
H1 application for 2008 starts from April 1, 2007. I believe-before that date, HR of big companies should have recruiting policy for the year already. So it might be diffult for them to adjust if the bill is passed after April 1.
I think when the time closes to April 1, the petition for changing the current H1 blackout will be pressurized. From the industry point of view, the bill for H1 will be settled luckily in Jan or Feb.
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espoir
07-07 12:33 PM
I just gave 5 stars
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avi
01-10 09:00 PM
Me (and two of my colleagues are) in the same boat!
July first week filer -
Receitps /EAD/AP received for both me and my wife
No FP for either of us .. same is the case with the others
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shirish
10-15 12:42 PM
Sorry Gurus, Couldn't figure out how to start a new thread. So posting here,

My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?

Thankx in advance.
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bhasky25
10-11 01:39 PM
I received and RFE for medical and 325a in June 2009 and nothing after that. I replied to the RFE along with my AC21 from the current employer.

My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).
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vxg
10-15 11:25 AM
Thanks. Can someone get me USCIS contact number to get the status on receipts.....

dial 1-800-375-5283
use option 1-2-2-6-2-2-1

BTW i am a AUG 3rd TSC Filer No receipts yet. The EAD Check for my wife cashed on Oct 12th and it says Vermont service center.
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dish
04-07 06:05 PM
Backlog Cases:
Total Received: 363,000+
Total Completed: 108,000+
Total Certified: 50,000
Balance: 255,000
Full data entry will will be completed by 06/30/2006 as scheduled.

PERM:
Total Received: 80,272
Certified: 36,587
Denied: 23,305
Audit: 24,960
Withdrawn: 1,950

Now look at the maasive backlog of unprocessed cases in BEC. The Baclog Centers have received more than 363000 LCs and out of it 255000 are still untouched. given this pace they will take at least 5 yrs to finish processing all the applications. and DOL has added a graphic on their website claiming 18 months to go. They are just making FUN of US for yielding to their beaurocracy.
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pitha
07-05 12:41 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
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h1techSlave
10-01 11:02 AM
I just wanted to point out that a delayed FBI name check is useless any way.

If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?

Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.

I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
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yabadaba
12-21 08:22 AM
ok that makes sense.
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walking_dude
10-23 11:03 AM
I have created this thread to communicate and track MI chapter activities on creation of eGroups to serve the needs of the MI chapter

1) Data on 10/20 meet has been compiled and documented. Minutes of the Meeting will be provided to the attendees soon through a secure eGroup (files/document section)

2) Work in progress to provide a secure, trusted E-group which provides the best features available to our community. Pilot groups have been created in Yahoo and Google to study the features, ease of use and ease of management (for the mods).

Results so far

Google
---------
Pros :

1) New.
2) Has stacked thread view similar to Gmail.
3) Ease of use (not much functionality to confuse users).
4) Supports HTML pages and also commenting on those pages. Google search available to search the threads.
5) New, hence not blocked in many offices ( esp mine :))

Cons :

1) Buggiest of the three! (I created a 'Restricted' group. None of the links are working)
2) Key features such a Polls, Database missing.
3) Limited management options.

Yahoo
---------

Pros :

1) Stable
2) Lots of management options. Powerful
3) Powerful member features - Polls, Database

Cons:

1) Old/dated
2) Text only ( unless you send E-mails externally)
3) Options could be overwhelming to a new user!
4) Blocked in many offices ( E-mails can still be received. Other features like Polls, Database need to be accessed from home)

Right now, per my experience so far - Yahoo seems the best option. Let me know your ideas.

And once we decide on a platform

1) I need 2-3 days to setup the group to meet groups needs and expectations.
2) MI meet attendees will be sent invitations to join the group.
3) Others who responded to the Meet invitation but couldn't attend will be contacted to check if they wish to join the group
4) MI chapter eGroups successfully launched!
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