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  • gotgc?
    03-05 02:26 PM
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  • cantwait4gc
    09-13 09:56 PM
    Here is my situation.....
    My EB3 140 approved with priority date 01June2002 --> Company A

    My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)

    Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.

    Thanks in advance for your help.





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  • piyu7444
    05-05 11:27 PM
    Employer can revoke 140 but as 180 days have passed you will have to demonstrate to USCIS that your 140 would have been approved with the new company if it was filed. That is somewhat not very straightforward so my suggestion is that you should take your employer in confidence so that 140 is not revoked......

    AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)

    Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.





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  • Sleepless_in_Seattle
    08-08 12:42 PM
    Hi ChainReaction,

    Look into the discussions in my thread "Transferring Companies after I-140 approval" and the possibbilities are discussed clearly. In fact, I consulted a lawyer out of my own interests and posted the outcome.

    Hope it helps.

    Sleepless_in_Seattle



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  • balslc
    09-24 08:24 AM
    Hi Experts,
    On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.

    They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.

    Thanks,
    --Bala





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  • psnycgirl
    03-08 05:24 PM
    Yes, I do get a separate approval notice every time.
    We did speak to our lawyer today and she thinks its not a big deal and its ok to travel. So we are thinking of going ahead with our plans!



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  • pyrosleepy
    04-22 01:09 PM
    I have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.

    Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?

    It means you are on your way to Greenland very soon!
    Good luck





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  • ohguy
    02-13 05:59 PM
    Thanks all! I like this site...didn't know about this earlier.



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  • cygent
    01-26 07:16 PM
    Consider filing a complaint with AILF. But do so at your discretion, as relationships are also *VERY* important in these matters. Better not to burn to many bridges.





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  • bkshres
    10-07 12:47 PM
    thanks for your response. My lawyer said she mailed with Fedex and it was delivered 3 weeks back. She is saying these days it takes 3-4 weeks to get receipt notice. but I am not sure whether its true or its just my case getting lost somewhere.

    How long should I wait and what should I do next?



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  • ssdd123
    08-28 07:16 PM
    Most of us know its surely a tiring and long process to get visa dates in Hindi for Delhi embassy. I tried for about a month before I got it. Here is what I observed and find very important for anyone taking Hindi visa dates in Delhi:

    (a) Delhi embassy mostly adds new Hindi dates every two weeks. Specially when the english dates are about to expire, because Hindi dates are expired/not available most of the time :)

    (b) These dates are added on either Thursday or Friday.

    (c) Most chances are on Thursday/Friday morning or noon. That is from 10am IST to around 2-3pm IST.

    (d) During this time, keep checking every 5 minutes. This is because once they release dates, I do not know, but the dates are gone in 10 minutes flat !!!

    (e) Keep your information already filled and saved in vfs database, otherwise no chance that one can complete all DS 156/157 forms in those crucial 10/15 minutes.

    (f) Good luck!





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  • Student with no hopes
    11-02 09:06 AM
    I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration lawfirm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..



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  • greencard_fever
    08-08 01:01 PM
    Folks,
    It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
    What can be done?

    How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?





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  • copsmart
    08-18 07:50 PM
    I am hoping someone can shed some light on this situation:

    I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.

    Any issue with Birth Certificate, Marriage Certificate (if you are a dependent), Medical report & etc could trigger an RFE.

    May be your 140 is approvable & 485 will be approved as soon as you reply to the RFE.
    I have seen other posts in this forum where people have reported that they received both 485 and 140 approvals together.

    Whatever the RFE is, reply to it ASAP and you should be lucky enough to get your GC before the dates change.

    Good luck.



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  • clif
    03-17 04:47 PM
    While on H1B with Employer A, can I use EAD for 2nd job with Employer B?

    Also, can I work as independent consultant/contractor (get 1099 instead of W2) while working on H1B with Employer A?





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  • srratlanta
    02-19 11:19 AM
    I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.

    I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.

    Questions
    1. Can i do that?
    2. If so, what documents would i need from my company to process this.



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  • GotFreedom?
    10-06 07:26 PM
    If the H1-B holder's labor is pending for at least a year then an 1 year extentions are granted. If the H1-B holder has an approved I-140 petition, the extention is granted for 3 years. I'm on my 9th year of H1B.





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  • vardinishankar
    04-02 06:48 PM
    What was your status in US during the gap?





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  • ramaonline
    11-24 03:04 AM
    kghoshal:

    u don't need lc copy - ur attny can request screenshot from dol by emailing the respective BEC u need:
    employee / emplr name
    state of filing and eb category

    Dallas: h1b7yr@dal.dflc.us
    Philly: h1b7yr@phi.dflc.us

    This link has details
    http://immigrationportal.com/showthread.php?t=182326





    rajenk
    11-18 05:38 PM
    What I have heard was they ask for a copy of I-140 approval. No Original needed. Also I don't think you'll get the original I-140 approval, that is a petitioner's document to own. You should be able to get a copy of I-140 from your employer/attorney.

    Make sure to get the original approval copy. Not the courtesy copy. The courtesy copy will clearly state that you cannot get any benefit/proof based on that copy. When you get a copy make an extra copy of it. It will help you for future needs.

    Yes for 6+3 year extensions they ask for copy of approved I-140s.

    Hope that helps.





    jwalareddy
    05-18 02:30 PM
    Recently i changed my employer using AC 21.I received an RFE we replied for that.While this RFE in progress I changed my wife address to new and I didn't change.My employer attorney won't handle (represent) dependent applications.
    Please help me.
    Below is the RFE,

    1) Submit any secondary evidence in your possession to support the information you have provided about your marriage and claimed relation ship to Jwala Pogula, the principle applicant.
    Secondary evidence will be evaluated for authenticity any credibility. Such evidence my take the form of historical evidence and must been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to: medical records, school records and religious documents.Affadivits may also be accepted provided that they are sworn to by persons who born at the time of and who have personal knowledge of to which to which they attest. Any affidavits must contain the affiant�s full name and address, date and place of birth, relation ship to the party on whose behalf they are attesting , If any complete details concerning how the affiant acquire knowledge of the event.
    2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
    3) Please explain why you have requested to represent yourself and your spouse has to retained an attorney to represent himself?



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