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  • psaxena
    07-31 01:45 PM
    Hey INSBABY,
    Please do not write such post, I was about to get a heart attack, you would have been responsible for my "Om namah swaha". Well would be good for the others in the line as one less in the line then :p

    Dream:
    EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)

    Happened:
    EB3 I - OCT 2005 - 01/JAN/98
    EB3 I - OCT 2006 - 22/APR/01
    EB3 I - OCT 2007 - 22/APR/01
    EB3 I - OCT 2008 - 01/JUL/01

    Expected:
    EB3 I - OCT 2009 - 01/JAN/98
    EB3 I - OCT 2010 - 22/APR/01
    EB3 I - OCT 2011 - 22/APR/01
    EB3 I - OCT 2012 - 01/JUL/01
    EB3 I - OCT 2013 - 01/JAN/98
    EB3 I - OCT 2014 - 22/APR/01
    EB3 I - OCT 2015 - 22/APR/01
    EB3 I - OCT 2016 - 01/JUL/01
    EB3 I - OCT 2017 - 01/JAN/98
    EB3 I - OCT 2018 - 22/APR/01
    EB3 I - OCT 2019 - 22/APR/01
    EB3 I - OCT 2020 - 01/JUL/01





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  • Pria
    01-02 09:59 AM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria





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  • logiclife
    02-08 11:48 AM
    You want to keep your 140 intact for 2 reasons:

    1. To port the priority date for future use in a subsequent Greencard petition.
    2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

    First, about 1:

    There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

    In a nutshell:
    Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

    About 2:

    If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
    Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

    About preventing 140 from being revoked:

    I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.





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  • Chicago Desi
    03-31 11:14 AM
    ...Because as per law you cannot have different job duties until you get your gc and max one year beyond that...

    Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.



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  • tabletpc
    12-16 10:22 AM
    Don't Panic but retaliate.


    Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....

    After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
    Suggestion: keep the employment termination letter/note/email for records for future reference.





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  • cox
    June 18th, 2005, 02:47 PM
    Did you see my comment on this shot in the gallery, because I said the same exact thing "ask and you shall receive". Anyway, like I said there, great shot, Anders would be proud. ;)
    Great minds and all that ;) Yeah, Anders & Omar keep me working to improve my wildlife and landscapes. You, Bob, Rob, Gary and others too numerous to list here remind me thru pictures that I should shoot other things occasionally too. And Queen Josephine has finally shamed me into buying Photoshop CS2 (with the intent of learning how to use it). 'Course, now I only have to figure out how to open this box...:D



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  • skumar9
    04-13 11:07 AM
    My date is also not Current(Eb3 2006 ) got RFE today requesting The TB test. Think they opened the case and working. :)





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  • gjoe
    03-10 06:15 AM
    Some of you have been receiving the USCIS response about your FOIA request.

    (3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

    Thanks,
    XXXXX

    Category, Country of Birth/Nationality should not be optional because this is a very important data which DOS has been using in their killer app to come up with the VISA bulletine every month. This is something they should provide along with the other data you have requested. If officially DHS don't have this information then DOS has to answer an FOIA request to clarify on how they arrive at the magic number in the visa bulletine.



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  • Ann Ruben
    07-20 07:03 AM
    The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.





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  • legal_la
    06-25 03:39 PM
    Guys,


    here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

    Any Suggestions or gyan on this !!!

    -shree

    I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.

    May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.



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  • jthomas
    05-06 04:04 PM
    ganguteli,

    there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.

    your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.

    As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.

    Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(

    I think we should have a rally or some major IV activity. In this case everybody would get together and for every next activity we may be able to see 10% more members. We should start with a smaller number and then grow bigger. (just a thought)





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  • ikass
    05-29 08:18 AM
    Hello IV members and leadership team,

    I applaud you all for your time and effort in addressing issues that concern our eligibility to work legally and mutually benefit from this country. As we strive to get CIR passed, which has been elusive for years and still struggling at various levels, I was wondering why can`t we work to get small wins. I would like to mention four known ideas that we can push forward and that I believe can be accomplished via small amendments:

    1) Temporarily remove Per country quota for Employment -Based Green Card
    2) Do not count dependents towards numerical visa count
    3) Issue EAD to candidates who have I-140 approved and renew it until Green Card number becomes available.
    4) Do not tie EAD to specific company or wait six months in a position to change jobs

    This four things can have a quick impact and give us all a temporary relief.

    We can try and build advocacy effort to get this done. Especially for the June 7th and 8th advocacy days.

    "SMALL CHANGE BIG IMPACT"

    Thanks,
    Giri



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  • perm2gc
    07-08 10:11 PM
    Check again
    Rated :D





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  • nlssubbu
    07-19 12:24 AM
    How will you get the papers signed without them being here? You also need recent passport size photos of them as well for AP document.

    You can differ filing EAD and AP at a later date.

    Thanks

    PS: I am not an attorney and please consult with them.



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  • hsingh82
    03-12 09:50 PM
    Congrats!! I can just feel your excitement in the title!





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  • reddymjm
    03-06 01:09 PM
    I received the letter yesterday but its at home. Wont have access to a Fax machine over the weekend - so, any email address where it can be scanned and sent?

    Please provide a email id.



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  • bikram_das_in
    09-08 11:35 AM
    Could be collect call. I would not trust this.





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  • nshah1968
    05-17 10:18 AM
    Hello guy03062,

    my attorney charged me and some other in my office $1000 for H1b also they did our PERM LC and I-140 also and all was approved witout any query, you can try to reach them here:

    please mail me directly and I will reply with there details





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  • starving_dog
    10-02 01:06 PM
    When I was H1-B, I never surrendered my I-94 and kept re-using my original. I crossed the border at least 25 times without any problem.





    shukla77
    07-23 10:22 AM
    I have the same problem with my father's passport and I could not fill DS156. Let me know if there is any solution to this issue.





    lonedesi
    01-09 01:57 PM
    Is anyone's I-140 being processed at Vermont Service Center? Any updates from that center, regarding processing, transfer of case from VSC to TSC/NSC? Please post updates.



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