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  • Becks
    03-16 07:23 PM
    Wait till you get your new H1 if possible and enter with new visa stamped on your passport. That is the cleanest way. You can also enter with previous H1 visa(with previous employer) and show the new I797. But i recommend you to go for cleanest approach.





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  • coolpal
    04-14 11:49 AM
    Are you working for your new employer now? (I assume not).
    Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...

    But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....

    pal :)





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  • fasterthanlight�
    05-19 05:49 PM
    Agreed.





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  • LondonTown
    05-21 01:04 PM
    Hello All,

    My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.

    Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.

    My questions are:

    1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?

    2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?

    Please advise.



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  • voldemar
    05-01 05:10 PM
    what about if one changes jobs on AC-21 and then gets married and later wants to file 485 for wife?

    Is anything needed from the old employer?She is not getting married to your employer?:D No, nothing is needed from employer for dependent filing. He/she is your dependent - that's it. Just show that you filed I-485 and show relation between you.





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  • bidme_786
    01-02 12:46 PM
    I got a soft luds on my previous H1B which was approbed in 2007 Feb and a Case Status Information email for I-140 which was approved in Dec - 2006.



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  • tabletpc
    12-22 12:55 PM
    Here is my situation..

    I was working for company A and had company A Visa on PP valid untill 2010. Now I came under company B with same job descripton. Company B filed for H1b transfer 2 weeks back for which we have not received LIN number yet.
    My questiosn are..

    1. Can I visit india while my tranfer is pending...???

    2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??

    3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.

    Greatly apprecite if you can share your suggestions/expereince on this....

    Thanks





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  • anandrajesh
    06-22 11:04 AM
    Congradulations again to all those IV memeber who are getting Green card approvals and goodluck to all those members who are able to file their I485 and get EAD, just to be out of H1B /H4 clutches and one more step closer to green card

    As current drastic visa movment proved the fact that for IV members main issue is not current law but itz implimentation. a change in law will certainly help, but thatz not our big problem

    I would like to discuss your IV future agend with current situation, Please post your opinion how you think IV should procede based on current situations.

    I belive IV should now concentrate more on making sure current law is implimented in a more effeciant way, make sure USCIS does not waste any visa numbers, we need to push for speeding citizenship processes and makeup for loss time during retrogression

    IV should stop chasing CIR which has nothing for us and itz very controversial

    IV is for legals and we should concentrate only on whatz good for us

    I really appreciate core members opinion

    by the way I got my approval for my I485

    Sweet !!! Congratulations on getting ur 485 approved.
    eb3india becomes GCIndia :)



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  • crazyghoda
    02-13 03:08 PM
    I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.

    Has anyone else noticed something similar when you started with a new employer using eVerify?





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  • ags123
    09-03 09:52 AM
    May the approvals flow :). Please vote



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  • tw00ne
    06-26 12:13 PM
    1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.

    2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
    (I understand the risk of having the I140 denied and being out of status. But aside of that... )
    My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.

    The lawyers that created those laws must have been on something ...

    Thanks





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  • bose
    07-11 05:11 PM
    It happened to us. We applied in Oct'06. Received the H4 approval notice in Jan'07. Only then I started tracking H1. My attorney called USCIS in Feb, they told him, we approved H1 (H4 will not be approved until H1 is..), but forgot to mail H1 approval. They never updated their system to reflect it. They also told him that they sent my approval notice to central storage facility, and have to order it to come back, only then it can be sent. Just 2 days back I got my approval confirmation email. Still waiting for the paper. Good luck with your case.



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  • kaisersose
    05-13 10:58 AM
    How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??

    Yes, you are missing something. Check his 485 filing date and his adjudication date.





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  • vin13
    01-30 08:52 AM
    H1 getting cancelled should not affect your Green Card.

    You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.

    Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.

    There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.



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  • rollercoaster
    04-03 11:08 PM
    Thank you sunny1000. God bless you.





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  • sts_seeker
    06-14 06:41 PM
    Does the first I-140 denial has any impact on the second I-140 I am filing?IF so how is that???



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  • shimul99
    10-04 04:20 PM
    my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.

    what is safe for her? does she have any deadline to go back? is it 15 days or a month....

    someone please let me know...thanks ahead





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  • mkiv
    03-24 12:58 PM
    Totally irrelevant to this forum. Administrator please review this thread.

    I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.

    I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.





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  • ravicmv
    05-21 09:50 AM
    Thanks for your reply Sir.

    When I was researching for the Labor certification and there were few posts which talks about my prior experience and my prior experience would only be considered for the new job if the Job responsibilities are same and the job title is same.
    I contacted one of the immigration lawyer and I was told that I can expect RFC's about my prior titles and the current job.

    Please advise

    Ravi





    jkays94
    04-07 06:00 PM
    While the issues being highlighted may lean towards those being termed as illegal aliens, I wouldn't be so quick to call these organizations as exclusively illegal immigrant interest groups. However it is up to one to make their personal decision whether to attend or not, if there weren't legal immigrants and citizens amongst their midst (http://www.cnn.com/video/player/player.html?url=/video/us/2006/04/01/huntington.ny.immigration.rally.cnn) (see linked interview), no one would listen or take note, one thing is certain though, we're now in the same boat given the bill has been thrown into uncertainity :

    The National Capital Immigrant Coalition – a coalition of immigrant, labor, faith, civil rights and business community groups in the metro, Washington, DC area – and allies around the nation, developed the concept of a National Day of Action. These appear as their objectives :

    Congress should pass real, immigration reform that:

    1) respects our values of fairness, hard work and family

    2) provides a clear path to earned citizenship

    3) fixes America's immigration system to make it safe, legal, and orderly

    4) unites families

    5) ensures workplace and civil rights protections for everyone





    krupa
    05-06 08:45 PM
    There may be other avenues to get AP for a longer period. EAD nothing to do with your 485 processing. Without EAD you can get AP if 485 is pending.

    Please consult your attorney.

    Hello,
    My wife and I have a pending AOS, and have our EADs.
    My priority date for EB-2 is September 2004.

    I plan to go back to school in Spain - starting November 2009. The program ends in December 2010. However, my EAD expires October 2010.

    Is there anything I can do to keep my GC processing on track? Can I renew my EAD while I'm in Spain?

    Thank you,
    Sidd.



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