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  • Thanks for all the suggestions. Today, I discussed my option (H-1b extension and PERM) with a local lawyer. He mentioned that:
    1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
    2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
    3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
    4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.

    I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.

    I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.

    Some folks have suggested me to get a consulting from someone from Sheela Murthy.

    Thanks you so much.

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  • If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.

    I hope this helps and good luck on your green card pursuit...

    Labor has to be pending 365 days and not 180 days to get a one year extension.

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  • My gut feeling would be in agreeing with what your attorney says regarding the difficulty with the same job description but differing EB category.

    However, I don't think the attorney would have filled for the EB2 knowing that it would not be accepted, especially if your company is paying for the process.

    I guess you'll only really know if the tactic works when your EB2 LC is resolved.

    I'm far from an attorney, but your general position seems similar to what I've been considering for a while (that's why I know a little bit about this). Sorry - can't be much more help other than that - its just my guessing, really. Maybe others on this board have applied the same theory with success.

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  • You are saying I can leave the job and still be able to renew her EAD and AP every yr ? Also her I-485 will still be valid ?

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  • Ron sent an inquiry and here is the answer he got

    Ron also says

    Visa Bulletin says

    So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.

    When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?

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  • This is not a big issue. Find out from local hospitals how much they charge for all delivery options and sign a contract with a hospital most convenient to you. They normally would accept monthly payments through the child birth. Also discuss post-birth mother and child health checks and shots. I would first look for an University Hospital in the area.


    My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.

    Any idea how to get insurance for her ?

    Really appreciate your help ..


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  • Thanks for the information.

    Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.

    Did you use your own attorney?


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  • There will be no movement for EB2I without spill over. It seems this year is the key as the spillover expected is much more than the previous years (based on the pending application numbers). 10K from last year's family based leftover numbers should also go to EB2 I and EB2 C.

    Any guidance when the FB numbers will be utilized or will they also be utilized in the last quarter. These are sufficient to clean out the EB2 I & C 2005 backlog.

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  • As per my knowledge Labor and I-140 (originals) are company's property.If employer is willing he/she can give you a copy

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  • I applied for 485 during last years July surge I think on July 19th 2007.
    As per these 2 links it shows that 485 processing date is at July 19th 2007.


    I am in PITTSBURGH, here too it shows as July 19th

    I have already received EAD etc.
    Does this mean that my Green card processing is starting now ?
    Can anyone comment ?

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  • Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

    Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?

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  • Hi,

    I just had medical RFE for both me and my wife. We are July 2007 Filers and somehow our medical documents got lost or whatever, We received an RFE from USCIS and replied just in time.

    I am primary applicant and I would be loosing job at end of october. I would not be finding a job due to personal reasons and would be on a 3 month severance package till january.

    My Question is what are the chances of getting an EVL RFE during those 3 months? I know nobody can predict USCIS, but according to my lawyer, if they wanted EVL, they would have that in the RFE and chances of getting another RFE in another 6 months is very very slim.

    This logic makes sense to me too. But anybody got weird experience where they received RFE, Responded to it and then got another completely different RFE in a short duration?

    Thanks for you help,

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  • Answer to the initital inquiry in this thread:

    I don't think anyone can know at this point. There is frontlog/backlog at different steps. USCIS information they post is misleading. Look how wrong receipting dates information is !!!...:(

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  • could someone volunteer on this thread to set up a call and inform everyone?

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  • I have been there a couple of times - once to the old office and more recently to the new office. Just make sure you pack a lot of patience because they made me wait for about 3 hours for my number to be called. When enquiring about name checks, they werent helpful. They quoted policy of not sharing info about cases pending in security checks. Congressional liaisons are generally more helpful. I hope my experience was timely enough to be helpful. Good luck!

    Thanks for keeping me on ground ... only time I had been their was for fingerprinting 2 yrs ago. So not expecting much ... but got to line out questioners:

    1. Whatz up lazy dude? ... this will put him/ her at ease, next
    2. Check upon case status for my I485? ... this will make him bang the keys. REsult nothing.
    3. Alright, is the namecheck done? ... He will shrug shoulders
    4. Were the fingerprints alright? ... replies uh. I reply, than why the $u@^ did u let them expire
    5. Has my application pre-adjudicated? ... nope.

    Bingo ... worth my trip. And I leave.

    You guys think I missed something?

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  • Thanks Dhun Dhun....bumping it.....

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    I don't understand why you don't want to depend on I-485 as the only source? If it is a straight forward case, there should be no issues. Your husband can be on EAD and there is no need for him to be on a "365 day exile", as you put it. Unless of course, you're worried that the labor sub I-140 could be denied?

    I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

    I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

    I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?

    Mine is the same company that applied for EB2 in the first place

    Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?


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