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Tuesday, July 5, 2011

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  • cchaitu
    11-06 04:19 PM
    The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.

    In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).

    Thanks Kishdam for your quick reply





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  • ramaonline
    06-12 07:46 PM
    Can I change the employer after I get my 3 year extension on H1 ?

    The 3 year extension of h1 also allows portability - so emp change is ok.

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

    Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
    Yes - once u have an approved 140 ur pd can be ported to any new gc applications

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?

    there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead





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  • gyrog
    06-04 10:28 AM
    Petition on the gournds of National Interest Waiver falls under EB-2 category. One cannot file 140 and 485 concurrently if the priority date for 485 is not current (to the best of my knowledge). However, you may apply for I-140 based on NIW at any time.





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  • singhsa3
    08-20 07:05 PM
    Just curious any July 2nd filler , filled at NSC with an approved I-140 and have PD earlier than 1/1/06 still waiting?



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  • jigsaw
    02-19 08:30 PM
    Hello
    Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
    Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
    I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
    I have been given a date to do the finger prints...
    How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
    if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
    The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
    And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.

    Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.

    As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?

    Much thanks in advance





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  • raviram1980
    01-15 10:38 AM
    Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.

    Regards,

    Ravi



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  • GotGoose?
    04-10 07:44 PM
    Added yet another (see top) - this is fun. :p:





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  • anzerraja
    07-20 03:17 AM
    Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.

    So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.

    There is a funding drive in this other thread towards reimbursing the administrative costs of IV.

    http://immigrationvoice.org/forum/showthread.php?t=10708

    Could you please pledge an amount ?



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  • gsc999
    08-07 03:05 PM
    Hi,
    I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?

    Here is the situation:
    ------------------

    Your help will be greatly appreciated
    Thanks

    --
    Yes, I just spoke with another IV member who is in your situation and he is visting Canada later this month to take care of this issue





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  • chmur
    03-23 10:42 PM
    H1B extension takes 2 months . You are 4 months out from your trip out of country.



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  • Gator
    04-30 11:24 AM
    Thanks shar533 for the response. I want to travel by road though and I do have a valid visa.

    I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.

    My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?

    Thanks





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  • LC2002
    04-14 11:05 AM
    it is nice to see people with older priority dates are getting approved. At least USCIS is working in proper order rather than in wild pattern

    If USCIS would have been working in proper order, I should have got approval long ago as my PD had been current for more than a year. Anyway this is over can't complain. Good luck for all those waiting.



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  • ChainReaction
    04-24 08:51 AM
    I just got my wife's h4 approval letter today but the I-94 does not have any validity period on it, its blank?? Moreover, We received two more i539 approval notices sames as my wifes without any validity period under my wife's name (Applicant)... beneficiary were for two kids age 9,11 totally different last names/Nationality :confused: Are the CSC processing people smoking something:eek:

    I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?


    I just called the service center 800 number, the lady told me that if i feel it is CSC mistake i should make an infopass appointment else file I102. I would like to know if i have to travel back to my home country to get the I-94 stamped with the validity period on it or is it just a mistake on CSC part? ANY ONE in similar situation please help.





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  • kosu
    09-14 03:49 PM
    I got an LUD on 08/05/2007. My 140 was approved was in late Dec 2006.



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  • laborchic
    09-09 12:49 PM
    These references are from the statement made on 24th June 2009. Nothing after that !!!!!!!!!!
    :rolleyes:





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  • satishbsk
    07-17 04:46 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.



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  • paskal
    12-14 12:45 AM
    for those that have not visited the MN thread under the separate forum for chapters, here is the link:

    http://immigrationvoice.org/forum/showthread.php?p=37195#post37195





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  • krishmunn
    02-09 07:12 PM
    If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).

    Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?





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  • vkannan
    10-14 11:14 PM
    Hi
    I'm on h1 and also have an EAD
    My current job is on my h1. And I have an EAD, but never used it.
    Question: Can I work pat time on my EAD and still retain my h1.

    Any pros and cons?

    Thanks
    Tejal

    Dude, this is grey area, One thought is, Once EAD is used for 2nd job fulltime /parttime you lose your H1 status and there is other thought if you stay with your GC sponsoring employer and retain the full-time job you should be fine retaining your H1 status and ofcourse you can use EAD for your P/T job.

    And hey this is not it there is one more thought going around, If your last entry is through H1b you still are in H1 status even after using EAD for your 2nd Job.

    Fact of the matter, nobody is sure about which thought is correct.





    sreeanne
    01-01 01:47 PM
    Guys,

    Happy New Year for everyone in this forum....

    Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...

    I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....

    I will talk to lawyer soon on this and let u know but any insight is helpful from you all..

    Thank you
    Sree





    shreekhand
    08-28 04:42 PM
    Actually it completely depends on the attorney. I know a couple of people in my company who changed employers and used the old attorney to file AC21 papers for them! and it is a big employer and a big attorney firm !

    you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:



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