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  • permfiling
    09-07 11:49 PM
    I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
    With Employer B, I have an approved EB2 140, but the priority date is in 2007.
    What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?

    I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.





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  • GC_1000Watt
    12-21 05:16 PM
    Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

    Please share if anyone has any idea one this

    Thanks
    -MK

    My understanding is since nowadays to get an appointment we are required to fill online form (I guess it's called DS-160) which takes a lot of information about the applicant, the likelihood of PIMS delay etc. will be very less.
    Good Luck with your VISA interview. Wear formals and be confident.:)





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  • Prashanthi
    05-08 02:27 PM
    Go ahead and do it, that will not effect your present I-140 and I-485.





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  • sdrblr
    10-11 05:30 PM
    Just write to your state DOL and they will take care after that. You might have to provide some proof for them to start investigation. Make sure you have a plan B with regards to work and status if things go south.



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  • dealsnet
    10-23 10:02 AM
    Can we please close this thread? There are already several going


    No thread for approval cases. Most of the discussion was on receipt thread. So it is better to serve this purpose.





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  • wildvoice
    02-06 06:33 PM
    Hi Amulchandra,

    I am on the same boat with you. I am on H4 and is continuously exploring all possibilities that would enable me to work. I wonder how volunteering for work in one's field would be illegal. You will not be paid hence there will not be papertrails, taxes or any documents that can be traced to you working (illegally?). Besides, how will they know it, if there's no additional income in your bank accounts coming from your wages or salary? Isn't it? If the illegals could work in the shadows w/o getting penalized, hell, they even would have a chance to get a blue card in the future enabling their spouses to work. There's a very little chance that the USCIS or ICE would penalize you. Don't know even if they would bother give time to it.

    Even if they would bother, you are highly educated, could hire a lawyer and easily explain it to court. Your current immigration lawyer is just too paranoid and is unreasonable.

    Go for it man!



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  • mk26
    03-21 09:36 AM
    I had my h1 extension from 2009 and I went to Kolkata for stamping in Jan2011..surprised to see there was a desi VO(may be US citizen). he interviewed me and it was smooth, he asked about the company and looked in my past tax returns and approved for visa. He did not even asked about client letter or any agreement. I worked in anther country for 4 yrs that he asked and confirmed though.
    I work for a small consulting company, this was my 2nd extension.
    Hope this helps





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  • jskumar
    09-05 10:34 AM
    I got an RFE email both for me and wife (9/03 from NSC). How long does it take to arrive in mail?.



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  • vin13
    04-16 01:07 PM
    bbct & vin13,

    Thank you both for your replies! We are trying to figure out what to do.
    She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.

    Thanks,
    GCisaDawg

    Are there civil surgeons approved by USCIS in India who can do the TB test for her?

    There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.





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  • GCBy3000
    11-09 03:38 PM
    Courtesy notice will clearly say it is a courtesy notice. If you are sure it is H1b approval, then you have to leave the country and get it stamped before your current I94 expires.

    You cannot wait to get it stamped until you travel outside. Someone said so earlier, so I want to clarify that it is not correct.

    What you received by mail is a courtesy notification that your case is approved, with the space for I-94 is blank. The original H1 Approval notice with I-94 will be sent to the lawyer. You may wait for a week or two.



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  • marty
    01-09 11:46 AM
    marty,

    That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.

    Thanks,
    Seyed

    Thanks and I really appreciate it. No one knows whats happening to the processing times since the FY 2009 started. We really need to do something about it.





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  • logiclife
    01-29 07:06 PM
    Wow...wait a minute here.

    He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.

    First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa stamp for the new employer, then it would be a problem, I am pretty sure.

    Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.

    Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.



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  • rockstart
    10-07 01:16 PM
    You were on dual status till Sep 30th which is AOS & H1B. From Oct 1st your H1B has expired but you are in country on AOS status. You have a valid EAD that will allow you to work. So no worries as far as status issue goes. I know many folks who have willingly let their H1B expire and moved to EAD.

    If you need to move back to H1B it is possible your lawyer needs to file a Nunc Pro Tunc H1 application so that it is backdates to Oct 1st.





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  • paskal
    12-11 06:32 PM
    bumping up the thread!
    saw a post from a mn member and i guess this thread needs visibility!

    thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all



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  • cagedcactus
    04-22 08:48 AM
    The U.S. Citizenship and Immigration Services (USCIS) recently expanded the reinstatement of premium processing for I-140 petitions. This is a subtle change, still limiting I-140 premium processing to a small group of cases for which the I-140 approval is needed in order to obtain eligibility for additional H1B time. The change was effective March 2, 2009. The expansion includes individuals who have already reached the end of their six years in H1B status, who would be eligible for additional time upon the approval of the I-140 petition. This situation is explained here for MurthyDotCom and MurthyBulletin readers. Examples of options for individuals in H1B status are also provided.
    ========================
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    I am sorry if I am not reading this right, but does it mean that a person on his 7th year H-1B can apply for pp? I am currently on 7nth year, and renewal is due before september. My I 140 is pending since July 2007, and no LUDs or updates. Am I elligible?





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  • gcdreamer05
    08-27 01:58 PM
    As mentioned in your other post. This should have no bearing on your status.

    Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?

    Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.

    I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???



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  • gc_chahiye
    08-26 12:55 PM
    Hi everyone:


    I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.

    What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.

    you can get a one year H1 extension based on your LC being more than an year old. Just include the copy of your approved LC in the H1B extension request.

    If your I-140 is denied, the current USCIS position is that your H1 extension would remain valid for the period it was granted for, giving to time to file another LC. The 485 is automatically gone at the point where your I-140 is denied.





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  • cinqsit
    01-23 12:47 AM
    Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
    Do you think they might reject the case for any reasons?
    How long do I have to stay in Canada if in case it's approved?

    Thanks
    Sudha

    if its approved I think you get it back the same day (that was back in 2007)

    if you get stuck in administrative processing it can take few weeks to months - check forums/threads on that topic

    cinqsit





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  • nixstor
    12-02 10:42 PM
    IV is not for any particular nationals. While ROW is also affected because of retrogression, India and China are severely affected and there is hardly any movement in EB2/3 for India. The hard country limits in EB system and inability to capture unused visa numbers are just 2 of the many reasons responsible for retrogression. These forums have been misused by some people to advertise about their firm. May be the other member skimmed through the post and considered it a similar ad. OP has given a fitting response. Welcome to IV.





    MCQ
    05-05 01:24 PM
    You need to wait until you have submitted your I-485, and to be on the safe side, got an EAD. The can write these things for pleasure all you want, but the minute you try to sell them - then it's 'Work' and you can only work in the US for the people that sponsored your H1-B.

    Sorry
    McQ





    pcs
    07-17 01:22 PM
    Not a single contribution by anyone....

    I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...



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