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  • mrajatish
    08-15 09:30 AM
    The answer to your question: It depends on your situation.

    If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.

    If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?




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  • GotFreedom?
    07-23 10:48 AM
    Thank you for all the responses.

    One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?

    How does one prove the legal status in the country?




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  • SSSarkar
    12-11 09:29 AM
    Automatic revalidation for getting new visa in USA was stopped in 2004. But I suppose automatic revalidation for I-94 while coming from Canada/Mexico is not stopped yet. I may be wrong but check it by yourself the latest rule from US department of state through the link here.

    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html


    Guys,

    My understanding was that automatic revalidation was stopped a few years ago?

    I would say that getting an appointment and a new visa stamp is the safest bet. If that's not a possibility and you have to go, I will suggest travel by road instead of air. From what I have heard they tend to be more lenient when you are driving across.

    Do check thoroughly before travelling on an expired visa.

    Take Care




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  • pappu
    08-10 03:58 PM
    Thanks for your contributions.I joined IV in the 3rd week of July 2007 when I was randomly searching for information. I did my first one time contribution right on the day the great news was released on 17th July. I have started my $50 monthly starting August 2007.

    I would like to mention, what made me believe that IV Core was doing a great job and that it was worth contributing was that IV Core took a lot of risk(credibility) and posted critical news well before it came on any other website. It was like; they had all the scoop before it hit mainstream lawyers or AILA websites sometimes even before it came on USCIS official website (FAQ 3)!

    This shows that IV Core has got a lot stronger and they indeed are in close contact with USCIS and that with the enough funds and enough support they will surely make things happen!

    Way to go IV Core!



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  • immi_seeker
    07-12 10:10 PM
    Thanks for the responses. Will call uscis on monday.




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  • permfiling
    02-09 09:13 AM
    I don't think saying "moving back to india" is a good option especially in a small world



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  • gcwait2007
    04-25 11:31 AM
    hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex

    I have not yet used AC21 to port my job and I am still with my GC sponsoring employer. However I can share my knowledge gained thru various threads in IV and other forums.

    If the current GC sponsoring employer decide to revoke the approved I-140, then he/ his lawyer should notify you their intention as well. When they send the letter to USCIS, a copy of the same will be sent to you. There are chances that you may not receive this letter.

    If I were you, I would do the following:

    Step 1: I would notify the change in address to USCIS. (AR-11 form electronically) and watch out for LUDs.

    Step 2: After settling down in new job atleast for few days (one month minimum), I would notify the USCIS about my using AC21 portability for changing the job. There are appropriate formats for notifying USCIS, which you can find in this forum. In case, NOID is issued in future, then the early advice of AC21 would come in handy. I have heard the successful stories where the individuals had sent AC21 intimation earlier.

    All the best in your new job! Good Luck




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  • sameer2730
    05-15 10:06 AM
    If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.

    Thank you for this comment. I wanted to respond with something similar but held back thinking that if even by small chance this guy is real I do not want to upset him. But the fact that he simply did not respond to you speaks volumes of his real intentions.



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  • mbartosik
    05-30 01:28 PM
    I understand if someone was stuck in BEC, we all got s****ed with that.
    But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.

    PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.




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  • chi_shark
    09-09 04:30 PM
    :eek:

    What the h### am i getting the red dots for anyway? it looks kinda cool!



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  • kpsm88
    11-15 04:39 PM
    This gives me some peace..
    I had LUD on 10/23
    11/09 - Document mailed to the applicant status..

    Hopefully I will get the AP in couple of days




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  • delhirocks
    07-19 10:43 PM
    Applied for LCP in July 2007 and I am not sure if I can apply for I-140/485 if my labor is approved before 17 August 2007. My PD is July 2007 but my labor might get approved in August.

    Any Guess????

    Where did your labor application go...If Atlanta...then forget about it, If Chicago, start getting all the paperwork like BC & Medical ready as you will most likely get your approval in a week or two (I got mine in 2 days)



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  • chanduv23
    06-29 09:34 PM
    I guess the cases that are pre-adjucated are called for interview.

    Well "interview" without PD becoming current is a part of "preadjudication" process. Thats why you see those denials, RFEs and interview notices.

    Typically once preadjudication is done - it means the next thing is "wait for visa number". Once visa number is available a final review is done by a officer.

    In other words "preadjudicated" means "approvable"




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  • SAPGURU
    07-11 03:12 PM
    Gurus,

    Here is my situation.

    Labor filed with company A in April 2006 and I-140 EB2 approved in May 2007. Could not file I-485 last year due to personal reasons.

    Changed the Job to company B in Sep 2007.Company B filed PERM EB2 in Feb 2008 and got approved in Aril 2008. I-140 filed in June 2008 with priority date recapture request and still pending.

    My 6th year of H1B is expiring in March 2009.

    My question is, can I file my I-485 based on my previously approved EB2 I140.

    What should be best approach for me? Any help will be greatly appreciated.



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  • mbawa2574
    06-11 05:43 PM
    Why Indians bash Bush ? He has always respected our community and helped us through. He has even fought with his fellow conservatives like Tancredo on this issue,Stop supporting the democrats and strart thinking like Indians. Make sure you understand that Democratic party does not give a damn on Iraq was attacked and people are getting killed. They need their own vote bank from dumb public in this country. Don;t get used in hands of democrats. They have used us from last thirty years. If someone thinks that Bush is an idiot, he is a super idiot. Bush is a straight forward guy and 90% Americans hate him because he speaks truth. Now you have to decide that Bush is good for immigrants or those scum bag democrats.




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  • senk1s
    05-08 02:29 PM
    1. This is debated a lot - some attorneys feel send it only when they ask for it, some say it is better to send letter proactively

    2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid

    3. As of now - it should be similar and subject to interpretation

    4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump



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  • sunty
    10-16 01:57 PM
    I received my FP notice last friday and then another one on saturday..Both indicate same date/time location which is Newark USCIS




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  • walking_dude
    11-14 10:17 PM
    Michigan members your chapter is waiting for you. Let's meet our Lawmakers NOW




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  • anindya1234
    07-17 10:15 PM
    Bump




    ishreeram
    07-20 06:40 PM
    My PD is June 04 and the online status for my LC shows CERTIFIED since last week. Attorneys say they need DOL to send them the approved LC ... some document, which would be needed to file I-140 and I-485. Any idea how much time it takes for DOL to send the above said document back to the applicant or representative?




    glus
    03-19 09:25 AM
    i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.

    So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.

    Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.

    On flip side, if it is mandated, then why most of the employers do not withdraw the application ?

    NO, period.



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