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  • Friends,

    I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.

    I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.

    I appreciate all your comments!

    Do you absolutely need to file a new I140?

    Have you sought other outside legal opinions on this matter?





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  • @ Meet

    You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
    But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.

    Hope that helps.





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  • Basically, the VB just says that "Even though you waited for however number of years, gone through all the pains with employers, you are NO closer to getting GC than you were a month ago"

    How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.





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  • Thanks





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  • Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
    So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

    To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

    ***DISCLAIMER****
    (I am not an attorney, please consult an immigration attorney or use advice at your own risk).



    Thank you for information

    What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.





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  • You have company Andy. How old are you?

    55





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  • are you EB1, EB2 or EB3 and which Country?





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  • Ha...

    Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.





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  • :beam:





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  • Hi Vikramy - Do you know of any particular reasons for these transfer denials? Also what could have been the reason in your case? Please explain if you have examples for the company starting with cognXXXXX, I just put my transfer papers in to join them.... :confused:

    God Bless you...dont join them till you get the approval.





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  • I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?

    If I do so, what will be the status of the I 485 application after H1B transfer?

    This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?

    All help appreciated. Thanks all in advance.





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  • SENATOR CORNYN IS THE CHAIR OF THE INDIA CAUCUS IN THE U.S. SENATE

    WHO: U.S. Senator John Cornyn of Texas
    WHEN: Thursday,August 9,
    Lunch: 11:30 a.m.
    Speech: 12:30 p.m.
    WHERE: Lakeway Inn, New Glass Ballroom
    SPONSOR: Rotary Club/Lakeway
    Lake Travis
    COST: $250 per table of 10,
    or $25 per individual
    RESERVATIONS: MANDATORY!

    10 Tables are being reserved
    for Rotary & Guests
    20 Table reservations will
    be taken and must be paid for
    by July 27, 2007!

    CONTACT: To make table reservations

    Doug Lindgren at 261-0086
    OR
    Renee Verhoff-Matta at 261-5984

    I am trying to get a seat. Can some one else also try to reserve some seats may be a table, ( Money will be divided by the attendees).We would be able to put across the issues of " Unused Visa" and " h1b Increase" and about solving the issues of GC backlog. Ping me a pvt message. We all can meet and discuss , on how to go ahead. Let's meet together before meeting Cornyn.





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  • Both are very good. The lighting is dramatic and interesting. Just to be contrary, I think I like the second one a bit more, if I have to choose one favorite. ;)





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  • Maybe this is something we can propose.


    You guys talk as if we propose and they accept. get back to realty, please.

    After QGA and IV and all of us sending so many faxes etc, they did not even mention about EB visa issue in the SJC.

    You are talking about a radical chnage in GC.

    Get real. Get real. Let us get out of this child like proposals.

    Obviously the efforts of us, IV and QGA have not been sufficient. I am not
    in the least balming anyone. I for one feel IV has done exemplary work.

    But the critical question is do we need to do anything different ?

    Core memebers of IV, ragz4u et al, do you think we need to take a harder look and see if we are on the right path ? Did something not work as expected ? I read in one of the core memebrs post that IV members are in DC talking to senators office. Did senators office play ignorant in the SJC after being sympathetic to us ? What baffles me atleast, is the total
    apathy and seeming ignorance to our issue on the part of senators. After all
    our efforts. What went wrong ?

    Core IV members please share your frank thoughts.





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  • For how long AOS primary applicant can be job-less?

    until you get an RFE on 485 or 180 days whichever is less.





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  • Please stop complaining, multiple posting of same greivance and try to do something constructive - I have been waiting for more than 5 years now too, and as frustrated as I am, I do not feel complaining will get me anywhere.





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  • Hello Everyone, I have one specific issue.
    My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period.
    Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?

    Just use your valid H1/H4 visa for travel. If you had applied for I-485, then you would have had an extra option to apply and use AP for travel. Since you haven't filed I-485 yet, you can continue to use H1/H4 visa for travel while you wait to file I-485. Btw, if you are already over your 6 year H1 visa limit, then having an approved I-140 entitles you to get 3 yr H1 extensions whenever you are due for H1 renewal.





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  • no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.

    P.S: fix the subject, it is too generic...

    Thanks man. And let me know how do I change the subject title? I don't see an option.





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  • Well this is a organization that is run by volunteers and given what they are already doing I personally don't expect them to notify everytime a web fax is put up. I just make it a point to check the website regularly and do whatever I can to chip in...thats my 2 cents...
    Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents





    I’m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" without photo on it. This "document" is only valid in SC. This means that I cannot travel outside SC and May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?





    This is different from the SKILL bill.



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