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  • Hi,
    I am planning to file EB2 and port my EB3-I140 PD. My current position is System Analyst with EB3 job requirement. I can get a promotion but that doesnt qualify for EB2 job requirement. So I am planning to move to a different position, Research Associate which qualifies for EB2(it requires masters degree) with the same employer. Can I file EB2 with this position and port my EB3-I140 PD? Advice pls.


    If the position is available and you have master's degree, yes your employer can start PERM process.;)

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  • You can only apply for extension 6 months before exipry.. so the earliest you can do is Mar 30th. Right now, USCIS is very keen on consulting cases, and RFE for client details is pretty much the norm. I got a similar RFE for which I responded, and nothing happened for more than a month. So I applied for premium processing, and they sent another RFE again. I am still waiting on the RFE, but I think it could be because my initial contract agreement (that my company probably sent in the response for RFE) had an end date of 2/28. It is now extended till June, but that is how my client works...

    My advice,
    1. try not to accept to be on bench... ask your employer to pay while on bench.
    2. Apply for h1 extension well before your contract ends or do premium processing if the contract ends in less than 3 months.
    3. Be prepared for an RFE. Make sure you can get client letters and such

    hope you won't get into what I am experiencing for the last 11 months :(

    pal :)

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  • You can file H1-B extension based on your approved i-140 you should receive another 3 yrs extension i did the same.

    Did you file this H1-B extension after changing employer using AC21? Is it approved for 3 years?

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  • Hi all,

    I am getting a new job offer and i applied my GC this July just like most of us here. Is it possible to accept the offer and transfer the H1B visa, then try and negotiate to start later as soon as 180 days are completed?

    What happens if i transfer my H1 now ... less than 180 days..and do not start with the new company, will my 485 still be processed? Lets say the H1 is transferred, but i plan not to use that H1 and stick to the same company where my H1 is, will that still be ok?

    I am confused, its a good offer, and i dont know what to do. pls help..

    An H1 transfer is not really a transfer. Just that you'll get another employer who is willing to and who can legally hire you. It does not mean you HAVE TO work for the new employer.

    All the options you discussed here are safe for you.

    1) Get H1 'transferred' now and join the new employer after 6 months are over
    2) Get H1 'transferred' now and don't join the new employer.

    Just make sure your new job description is similar to your LC job description and it has been 180 days since you filed your I-485.. Chill

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  • Can someone shed light on this topic?

    I know Writ of mandamus cases are common for FBI name check delays.

    What about AC 21?

    When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?

    What are the costs involved?

    How much time does it take to get a ruling from the court?

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  • Labour applyed March 17 2008
    Labour approved May 23rd 2003
    I140 applyed June 6th 2008

    while applying I140 wife name is not mentioned on the 140 petition.

    any clue what problem i am in ?

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  • I did my masters in US and have got my H1 B status which expires next year. Had a few question. Just to add to my situation i have not got my H1 stamping done on my passport.

    Q1. Can i apply for an extesion without a visa stamp.
    A. Yes, you can. You only need stamp if you leave the US.]

    Q2. How early can i apply for an extenstion.
    A. Within 6 months from the first date of the H1 period.

    Thank you in advance for your help.


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  • You can use EAD with current employer. I think your company has to do the change your I9 form to EAD. You don't need to inform as you are not changing any company.

    My H1 is valid until 2010 Feb.
    I am also having EAD till 2011 June.
    I have been with my employer all along.... and prefer to stay with same employer till GC.

    I DONT want to apply for my H1 extension since they are asking lot of questions like Contract details etc with RFE's.

    My Q is - Can i use EAD with my EXISTING employer or EAD should be used for only NEW employer based on AC21?

    If i use EAD with my current employer, should i have to inform uscis(any process involved)?

    Please suggest...

    Thanks for any suggestions

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  • Hi all.

    Case approved in September. 4 months later still no card. made multiple inquries and walk-ins but nothing.

    Does anyone have any suggestions?


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  • post the employer name and address so that other people will be careful working for him and also if employer comes to know about IV, he will stop these kind of things

    Intimidate them saying you will post the story on the IV forum. This works some times. I did this and the employer came down a little bit..

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  • It was just an innocent question for a friend. You guys give out red dots for asking questions???

    gcformeornot: don't appreciate your judgment.

    designserve: thanks.

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  • Can an AILA member post contents of this doc.

    # 9/24/2009 DOS Provides Background on Visa Allocation Process
    As all employment-based visas have been allocated for FY2009, Charles Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provides an explanation on how the Department of State allocates visas through its Immigrant Visa Allocation Management System (IVAMS). AILA Doc. No. 09240920.

    AILA - Restricted Access Page (

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  • thanks a lot for your reply. It gives me great comfort knowing that I am not risking it all for an EB2 on which the attorney is only 50% hopeful

    Why do you think that your EB2 I-140 will not be approved ?

    What is your qualifications and experience ?

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  • Dear Sir / Madam

    I am a software consultant on H1B. I have recently concluded my employment in California for client A and now I have relocated to GA where I am working for client B.

    I have the following questions in this regard:
    1) Should I do an LCA transfer to the state of GA from CA? + How many days do I have from the date of original relocation to do this transfer?
    2) Can I do this paper work by myself or would I need the help of an immigration lawyer? + Any idea of what the average / approximate expense would be?

    Any information with regards to this is highly appreciated.

    Many thanks in advance.

    Your Company has to file LCA not you. Technically they have to file H1B amendment. Many people does not this. It has to be filed Immediately. There is nothing like grace period.

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  • Check this out D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD

    What does this mean
    "As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 - 18 months to process."

    What are the chances for the people who applied on July 1 ?

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  • Immigration Visa Attorney Blog Has Just Posted the Following: immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).

    On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:

    Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."

    Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf

    More... (

    Your employer need to submit company's Previous year W2 and also it is better to submit ur w2(couple of years).



    Thank you for the advice. One more question. After I fill this form , the employer should keep it for their records only. Correct? No need to send it to anyone.

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