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  • What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)

    All :

    this discussion is covered in more detail on this thread.

    http://immigrationvoice.org/forum/showthread.php?t=10693

    Please follow it there. It will help answer so many of your questions.

    Sorry techbuyer....to steal your thunder :)





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  • This is precisely the reason I hate to see any 485 related thread. Every single time someone starts a 485 thread, fight breaks out and original intent of the thread is always lost and what's left is just bitter feelings and animosity among members yet members continue to start new threads.

    This is a very sensitive issue which brings out a lot emotion and has been discussed to death so please guys.. let's move on to something productive. I think it will be good for everyone if we just let core team decide what's best as far as 485 provision goes.


    You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.

    I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).

    I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.

    Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"





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  • Thanks Ann,

    This is really helpful.

    To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.

    In this case,
    1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.

    2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
    Could traveling on B1 visa consider it as abandonment of GC process?


    Thanks,
    -Raj





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  • I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.

    One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....

    It could be key board of the computer not working right .. ;)

    I will not worry too much about it . .. For those who do not have lot time to check spellings, I would suggest to put a disclaimer on the top, "you may encounter spell mistakes due to key boadd not functioning right." :D





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  • This drive will continue until we meet our goals





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  • as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2007. However, the time she spent on H4 is also used against her H1B time since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well...





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  • According to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.

    Only OCI visa holders can work without employment visa.

    You may want confirm the details on the Embassy website as they keep changing rules from time to time.





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  • You are either unmarried or Divorced....Absolutely kidding :)





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  • Do u have to inform USCIS everytime u change job or just first time would be sufficient?

    Thank you.

    What my Attorney (Prashanti Reddy - who does free sessions on IV) said

    Please note that even after sending this out, you might get an intent to deny or denial notice on your I-485 as soon as your employer revokes the I-140. In which case we must respond within 30 days with the same documentation. This happens because the docs often dont find their way to your file as they have not been requested for by the USCIS. Also the intent to revoke might be sent to your old attorney, you should get a copy of the same also. However, i advice you keep in touch with the USCIS by checking status of your case online and keep in touch with the other attorney also, so that we dont miss the deadline to respond in case you do get an RFE or intent to deny or denial on your I-485.





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  • first of all, your question is irrelevant..if you are going to canada, you are not required to submit your i-94. your new i-94 is the one attached to your h1b approval..so ..it doesnt matter how long they stamp your visa..you can stay in US till the date of the i-94 you got attached to your h1b approval notice





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  • California used to finish the labor cert in 7-8 months even in 2004, 2005, just before BECs started.

    I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.


    Hmmm, then how come my labor filed in 2002, approved by SWA in 2003 was still pending when BECs were created (and then went to Philly to rot further)?

    So no -- California DOL sucked big time (at least for cases filed from California, it was somewhat faster for Washington, Arizona, etc.)





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  • I have e-filed along with spouse new SSN#..no issues...

    When we sent cancel letter for ITIN,got a reply confirmation from IRS saying you can now use ssn# for tax filing purposes....


    HTH,

    webm: After how long (approx) did you receive the confirmation letter - we sent it out about 2 months ago





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  • You can also go to your local immigration office and talk to an IO in person and show him all the proofs and press release from USCIS website.

    They will be able to pull up your case and update the system with the details and make it as acceptable.

    To find out the nearest infopass office and schedule an appointment, use the below link

    https://infopass.uscis.gov/info_en.php

    As suggested by others it is better to seek advice of an attorney. But the above will help you to get through initially without any further delays and tension.





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  • My heart goes out to the parents of this victim of immigration impasse. A minor accompanying parents illegally or otherwise cannot be termed illegal.

    How many more innocents will become victims for the crime they have not committed?

    Republicans wake up to this gruesome reality. Even legal immigration applicants like us are still without a green card after being in this country for 10 years.
    Even if you forget us, and the illegal adults the issue with the "illegal" minors must be addressed.
    Their future cannot wait for your petty political gains.





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  • Hi!
    One of my friends H1 was denied recently for not having Masters.
    Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
    Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!

    I guess only option at this point to appeal and go back to school and get Masters!

    You are right...the best solution is to go back to school and get masters. I just found out of at least 4 cases with same reason of denial...lack of masters degree. And Im not even applying for a renewal visa, it was a visa transfer. So in a sense I already have a visa and im not an "entry level" therapist. I am going to see another lawyer--(hopefully someone I can trust to handle my case) this monday. Ill keep you posted.

    To Markelli, I dont know how this new ruling will play for you but I suggest you start school now! theres a lot of online courses--accredited ones. Having an approved I-140 might make a difference...Please consult your lawyer now. December is only 10 months away.

    I hope I'll get through this too...I havent applied for GC and since its going to be employment-based, I dont know what will happen in the future. Uncertainties really scares me now. If my case gets fix, ill still get that freaking doctorate degree...ive leanred my lesson.





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  • I think there is no truth to this. Can anyone point to a link to verify?

    Found this link at Thomas site

    http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110ZxCj9J:e407783:





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  • Thanks again for the reply and wishes!!

    Also sorry for another question as I forgot to mention this earlier.

    My new H1B has more than 6 months of validity period.

    One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
    Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???

    Employer "A" I-797 receipt #:
    EAC - XXX-XXXX
    I-797 valid : 0ct' 2009

    Employer "B" I-797 receipt #:
    WAC - XXX-XXXX
    I-797 valid: June' 2010

    As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?

    Appreciate your help!





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  • I'm impressed by the quality of all your guys' work. I voted mlkdave :)





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  • what? So now we have FP tracker for those who received RN. Great!!! these tracker threads will never die...





    Pappu - I agree with you in totality that it is an opportunity wasted when people focus on the individual issues. But, after listening in on a couple of calls, I find the whole call to be not much of use as they always defer the question with 'we have asked the TSC to find out' or 'that is for the USCIS to answer'.

    I appreciate a channel of communication and a watchdog for USCIS activities but when communicating regarding problems with USCIS, I see ombudsman's office as a level of indirection. They seem to identify problems, pass on as a report that gets nowhere or gets partially addressed.

    If USCIS took cues and had allowed a conference call with the USCIS leadership directly, or if one of us (could be me but I need some ideas as to how to approach) could do such a thing, we could see far more benefit in gathering more significant problems and getting them answered.

    I would rather hear the news from the 'horse's mouth' than listening to someone who barely has an influence. I would gladly stand corrected if history has shown otherwise.





    Please help people, this is our next action item after the flower campaign.

    Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!

    I challenge you!

    :D



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