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Saturday, June 11, 2011

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  • desi3933
    06-25 11:44 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.

    1. Apply I485 as future employment (GC Job Offer from Employer A)
    2. Same as #1
    3. No, as long as you have job offer for open future GC job
    4. Yes. AC-21 can be invoked.
    5. Same as #1 seems to be better option

    Not a legal advice
    -----------------------
    desi3933 at gmail.com





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  • daishwarya
    07-23 03:05 PM
    Yes. I am from VSG too...I left VSG in 2008. I don't know anybody who got approval...





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  • crystal
    03-06 02:31 PM
    No they wont send receipt notices for correction. They would send receipt only for filings for which you paid fee and new applications

    do they normally send a receipt notice for the new 765 application that you file to correct EAD error...?

    i.e. if we do not receive a RECEIPT NOTICE in like 2 -3 months- should we follow up by Infopass or Calling 1800 number? OR just wait!!! for 4 months to end and then call and infopass





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  • chanduv23
    04-27 10:44 PM
    No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.

    This is your own theory.

    In reality there is no consistency.



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  • GCPagla
    03-17 08:58 AM
    Hi All,

    Thanks for all your support and soothing words.
    I have talked with my immegration attorney who filed my 140 and 485 on current employer's behalf. And surprisingly she is ready to file the AC21 for me. Obviously she is charging me for that, but I guess I am fine with that.

    The excerpt form our communication is as following.
    a) I need to get a AC21 letter signed by the new employer. This will describe my position and duties, which should be similar to the LC.
    b) offer ltter need not describe word-word match of designation and duty.
    c) if there is a huge rise 50% - no issue.
    d) company size does not matter.

    So I had decided to take the plunge, especially when I have my attorney guarding the case.
    Write the market condition is not to well for H1B
    a) My friend was laid off in Dec and he was serching for job. Suddenlt he realized that his earlier employer had revoked the H1B. So he was out of status for some days. He managed filing AC21 with his friend's company and managed.
    b) I heard people ging for H1B extension was asked by USCIS to get a letter from the end client, saying the project will last for more than 3 years. I guess none will give that assurance in this market.

    So I guess I will move on EAD. Let me check what happend and I will keep posting my experience here.

    Thanks





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  • reddog
    06-11 03:23 PM
    The answer to your last question is Yes. Provided your prev employer does not file for a revocation of I140.
    I have read this same opinion from many other lawyers.

    Recent Murthy chat:
    Question: My I-140 just got approved. Do I need to wait for 6 months or any timeframe before I change jobs and use AC portability? Also, can the new company apply in EB2 category (earlier was EB3) without losing the priority date?

    Answer: AC21 portability is not an option until the I-485 has been filed and pending for at least 180 days. If the earlier I-140 petition is still valid, then a new employer can file a new LC and I-140 and request the transfer of the earlier PD from the earlier file.Jun-4-2007.



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  • chanduv23
    04-27 10:44 PM
    No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.

    This is your own theory.

    In reality there is no consistency.





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  • eb3_nepa
    04-13 11:08 PM
    Thanks everyone. Please keep the updates coming :)



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  • immigrationvoice1
    12-09 10:00 PM
    I know many people who're going for part-time MBA, including myself. A good way of making best out of a stagnant career phase while waiting for GC.

    Please post the URL of the school you are attending.
    Thanks,





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  • rimzhim
    06-01 01:57 PM
    Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.
    And when they vote, they may delete the H1B from the cap-removal and retain the GC, which will be just fine for us. We should support this amendment. It might go through after some changes.



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  • english_august
    08-24 10:22 AM
    Call in waltz. 1-800-486-8655.





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  • Berkeleybee
    05-17 01:22 PM
    BerkeleyBee,
    Thanks for opening a seperate thread for this.

    Looking at the proceedings for the last 2 days i feel those opposed to immigration r using the delaying tactic to somwhow push out and kill the bill. It also looks like some form of the bill will come out eventually.
    There are enough provisions in the bill which will have a significant effect on retrogression when it becomes a law.

    As the bill progresses in the senate and in the conference, they may push out the effective date ( for the bill to become a law) to get the house aboard.

    I wonder if we can ask for some non controversial portions of the bill such as capturing unused VISA numbers (they must be 90K) to become law immediatly. This will ease retrogression significantly as there will be no country limits for those numbers.

    Can we ask any Senator to bring such an amendment.
    (remember those who r here illegally and who need to wait for 8 years to apply for G.C can wait an year more. Need i say about those stuck in the Employment based categories.)

    --MC

    Mchundi,

    I understand your anxiety. To answer your questions:

    There is no chance of having any single set of provisions "become law immediately."

    Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.

    For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.

    Hang in there!

    best,
    Berkeleybee



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  • waiting4gc
    07-17 06:46 PM
    Your spouse was in US when your application reached USCIS so you should be fine.

    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?





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  • nocomment
    09-27 04:41 PM
    Why would IRS care how you perform your full time job. IRS's responsibilty is to collect taxes on our earnings, and it doesnt matter you trade 100 or 1000 stocks per day as long as you file schedule D.

    Short term trading is gambling, you wont come out of the game until you lose. Long term is the way to make money.



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  • immi2006
    11-06 10:03 AM
    What is new in your post ? It was like that for a few weekes now.
    I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



    Thanks,
    Sury

    -------------------------------
    PD : Feb'07
    I-140 - Pending
    I-131 - Approved
    I-485 - Pending
    Center: TEXAS SERVICE CENTER

    Recieved EAD Card and FP done.
    -------------------------------





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  • funny
    09-16 02:05 PM
    ^bump^ ^bump^



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  • pappu
    02-03 07:39 PM
    Congratulations.





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  • paskal
    12-21 04:36 PM
    /\/\/\/\/\/\





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  • gkaplan
    07-20 01:04 PM
    Hi there
    thank you for the information you provided above. and congrats on your h1b.
    my question is: i'm j1 and mu husband is j2, and he's been working with his ead for the last 4-5 years. we are subjected to 2 year HRR. in order for my husband to get h1b, we need the waiver. can he apply for the waiver independently? just like you did - independently from your j1 principal?

    can his company apply for a H1B just after he gets the favorable rec. letter? or doeshe have to wait for the final decision from USCIS? or application for H1B with the fav.recom. letter is only ok if we are doing premium processing? because i get different answers from different lawyers about this. one says we have to wait for the final decision from uscis, one says different....

    thank you.





    sledge_hammer
    05-15 02:18 PM
    At this time ONLY 30% of EB2 Indians have current PDs. I've asked this question before - don't you all think that maybe dates will not have to retrogress again? I mean, 30% is too low a percentage for triggering a backward movement of PD.

    Any thoughts?





    helmet
    01-15 11:43 AM
    now a days that test is mandatory for all Asian countries. If you did master's in US then you no need to take that test. in their website there is a point calculation chart for the points that you get in IELTS the corresponding points for canada pr. If won't take that test mostly they will reject the application if you are from Asia.



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