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  • moving into a bigger and better role in your current company? I have been given multiple offers to jump into senior roles [in diff area than my current one] within my company and have had to refuse due to the greencard processing thats ongoing [I-140 approved last week].
    Can I get a 3-yr extension and move into a new role during the extension period, apply for new LC using PERM and use my current PD?





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  • You should have done this at least 6 months before your I-94 expiry date so that you could have used automatic Visa revalidation to reenter US after which you could have handed over your I-94 and left Canada by plane.

    Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.

    Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.

    Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”





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  • Yes we have received a similar RFE and can no longer go back to original civil surgeon. USCIS is very anal about TB test so if they don't get correctly documented result they issue an RFE. As per my lawyer many people are getting this type of RFE.

    We went to a local civil surgeon and got whole test redone. Our civil surgeon did a physical but was able to get most of the vaccination records from last medical test. My suggestion will be to check with your local civil surgeon how he is willing to proceed. Most civil surgeons are not comfortable with signing documents for which someone else and would do the test again.

    From what I learned from others is getting whole test done and submitting is fine. I am still in process of submitting my paper work for RFE so can not tell you USCIS's reaction for the same.

    Bottom line is don't worry too much about this. but hurry up in getting an appointment with local civil surgeon as they have limited availability. :)


    Thanks for the update!
    Its the same for my wife too, TB and xray RFE.
    I will have act act fast on this.
    On a last note, do you know how much you paid for the TB and XRAY test in your city?
    Was it covered by any insurance? or any method you can suggest to let insurance cover it?
    Thanks again for your prompt inputs!





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  • My and my employer talked to National Customer Service Center and they dont provide any information other than opening service requests. My employer asked her to connect him to an IO and she said she doesnt have authorization to do so. what the heck? Is there anyway to talk to an IO rather than the customer service rep. Please let me know if anyone has done that before and how they were able to get to them.





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  • Find a new employer asap who can process H1 transfer. Otherwise use EAD if your 140 is approved. Also findout if your employer cancels your H1 once they lay you off.

    Dear members,

    I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

    I appreciate your help





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  • Done! Thanks!
    __________________
    If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.





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  • H1+H-4 Extension: Applied DEC/18/2007. No Lud. Still pending





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  • A company ( a US Fortune 10...nothing to do with India or any other developing country) filed for a GC almost three years back..They realized for employees of Indian origin...its taking a long time to get GC which restircts their ability to promote high potential employeess...offered a select few to accept their promotional jobs and as and when their H1B time is up, will be sent as expats outside of the US. When they come back, the'll get L1 and GC..

    Moral of the story: Where there is a will ( or employee value) there is a way. Employment based immigration is based on the what the US company wants to do...as laws change so will the ways of US corporates....While the good / ethical US companies will continue to thrive...companies that adopt 'mickey mouse' tactics which get into trouble.





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  • It is FBI that is responsible for namecheck ... not sure USCIS has any control over them. My understanding is I-485 premium processing would apply only to USCIS processing of the paperwork.

    Then, of course, it won't help much because for most people name check is taking 2 years, and 485 processing via the regular route takes less time than that.





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  • Based on one of the core member's request, I did the research and shared the information with IV members, so that when you get the GC, you could make informed decision.
    Please be optimistic. You getting GC should not be a question of “if”, it should be a question of “when and how soon”.

    REQUEST ::
    Please support IV and make it happen soon.

    I think this thread is very informative and relevant at this time a lot of people are getting green cards and that has to be on their mind.

    I did read about a case long back in 19XX there was a brink mason who came here on an EB GC and worked for his original employer for just 1 day and switched the employer sued or may be the INS charged him (Not to clear on it) but the gist is that he got his GC and courts ruled in his favor because he showed that the work promised was not the one he was asked to do the conditions were different and hence he was not bound to work in those conditions.

    BTW I think this is very relevant thread gave you some green. (Actually my green turned your status from Red to Green):D





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  • "invoke AC21 without waiting for six months" - I completely agree , that is a great idea if IV feels it is not asking for too much in one bill.

    I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.

    Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?





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  • from the day of check encashment,

    when do we expect EAD in mail
    when do we expect receipt
    when do we expect AP





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  • Monday





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  • Its so funny, I gave green too....

    somewhat tangential question - how does one give green?? (or red) -- i cant for the life of me figure out where to click on a posting to vote it up or down!





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  • my employment is terminated a month ago. I still need to file h1 transfer to the GC sponser. I am single

    I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.

    If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.

    I have a fall back to EAD though based an approved 140 and 180 days past 485.

    But how do I get the spouse then???
    by relocating back to yr country or by having a long distance marriage or marrying a gc holder or h1 etc .. it is a tough choice for you ..





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  • Yes we have received a similar RFE and can no longer go back to original civil surgeon. USCIS is very anal about TB test so if they don't get correctly documented result they issue an RFE. As per my lawyer many people are getting this type of RFE.

    We went to a local civil surgeon and got whole test redone. Our civil surgeon did a physical but was able to get most of the vaccination records from last medical test. My suggestion will be to check with your local civil surgeon how he is willing to proceed. Most civil surgeons are not comfortable with signing documents for which someone else and would do the test again.

    From what I learned from others is getting whole test done and submitting is fine. I am still in process of submitting my paper work for RFE so can not tell you USCIS's reaction for the same.

    Bottom line is don't worry too much about this. but hurry up in getting an appointment with local civil surgeon as they have limited availability. :)


    Thanks for the update!
    Its the same for my wife too, TB and xray RFE.
    I will have act act fast on this.
    On a last note, do you know how much you paid for the TB and XRAY test in your city?
    Was it covered by any insurance? or any method you can suggest to let insurance cover it?
    Thanks again for your prompt inputs!





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  • Don't need to get excited. Nothing has changed.. Its again depend on you if you want to file and get it rejected and then be a part of law suit or if you just want to wait till Oct. But so far all these are rumers. and good roumers never become true..
    But nothing wrong with being hopeful.


    IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?





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  • I tweeted to the ones that had twitter accounts. I will also give these guys a call and post letters.
    @JudgeTedPoe Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
    4 minutes ago Favorite Reply Delete

    @louiegohmert Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
    5 minutes ago

    @SteveKingIA Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
    6 minutes ago

    @eltongallegly24 Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants





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  • If IV is successful with this 485 filing ability by 2/15 deadline thing... when does it become law and more importantly how soon can we file for 485 (before or after the CIR wars in Mach-September)?


    By the way any idea, which bill this provision will be part of? and wen is it getting tabled?





    On the left upper hand corner of every post you will find 3 icons. Click on middle one and a drop down menu pops out. If you click -- I approve then its a green dot and if you click I disapprove then its a red.

    Correct me if I am wrong.

    Thanks! I finally found it..

    Slight Correction...Its the upper right hand corner, next to the post #...





    I showed my IT returns for past 3 years along with lease agreement and Drivers License and was approved for instate tuition. In case any one wants to do the same PM me with questions



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