Tuesday, June 28, 2011

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  • number30
    03-11 06:21 PM
    I would like to get your opinion on current situation.

    Education: MS(Ind Engg), 5+ yrs exp.

    I have priority date of Oct -2007(applied for labor under EB3). Got approved I-140 in Feb 2008( EB3 category). I got promoted to next level so requested to apply for labor once again in EB2 category in Feb 2009 and got approved labor in Feb 2010.

    Is there a provision to amend labor and include previously approved I-140? Or Do I have to apply I-140 once again? and my priority date would be Feb 2009?

    Dhiren

    No labor amendement is possible. You have to go through Labor and I-140 stage again.





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  • mchatrvd
    07-06 08:15 PM
    Hey Shyam
    Please PM rayoflight to join the chapter.

    Thanks,
    Manish





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  • achu
    09-18 04:19 PM
    I applied RIR (labor) as Programer Analyst (030.162-014), But my labor certified copy it say job code as 030.062-010 (Software Engineer).

    which code should i follow for future reference like AC21?

    thanks
    achu.





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  • santb1975
    04-02 04:59 PM
    I will join in



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  • roseball
    04-22 02:04 PM
    Dear all:

    May I ask what I should do in the following situation?

    I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.

    That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.

    I am under tremendous pressure and really want to hear your opinions.

    Many thanks in advance!

    ISO is the one which updates the SEVIS database. Since you claim its their mistake, you should approach them for advise on this as well. I have heard that voluntary work (no pay) in your field of study can help you to maintain your status and not count days towards the 90 day unemployment rule. If true, you can pursue that option as well till your job starts on Sep 1.





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  • gpr
    08-07 06:14 PM
    We applied on june 24th for EAD/AP. Got EAD for 2 years on july 28th for both of us. Still no FP notice or AP approval.



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  • s_r_e_e
    10-16 10:39 PM
    I am in a confused situation, any thoughts / guidelines are greatly appreciated..

    The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?

    The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.

    Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?

    Thanks in advance





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  • kopra
    01-30 10:57 AM
    Yes, If you have enough Money, Usally 8,000-10,000 $ in the bank statement( This is checked for covering any Medical Bills etc when they are here, just to make sure that the sponser is able to take care of all these when they are in US), That would be enough for you to sponser them.



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  • Jipjap74
    04-15 11:44 AM
    I am from Ireland and its for a Multi national manager or executive. My attorney told me that form her experience it takes 4-6 weeks after approval of the I-140 as the visa numbers are current. Bit apprehensive to give the company as I dont see a need for anyone to know this info???





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  • DSLStart
    06-05 02:38 PM
    You are paroled into US until Dec 05, 2009. But if you want to travel outside US after July 29, you better apply for AP now.

    Hi Friends,

    I am confused with AP expiration date.

    The printed exiration date is :July 29, 2009
    But my latest paroled stamp on AP it is : Dec 05, 2009.

    Which date should i follow to renew my AP?

    thanks
    achu



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  • BKY
    09-23 03:25 PM
    __________________________________________________ ________________________
    When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
    __________________________________________________ ________________________

    What if you change the employer ?

    We can apply in EB2 with not much difference in old job and new job ?





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  • applejelly
    11-25 02:24 AM
    Thanks :D



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  • PD_Dec2002
    03-07 12:42 AM
    Hi,

    Have a question on EAD/H1b. I am joining a new company using AC21 and EAD. Lets say after few months if INS denies my GC application then will I be able to transfer my h1b. Basically I got the info that I can re-capture my unused period of H1b out of 6 years. Is that true ?

    Thanks.

    I don't know if the following information is applicable if the GC is denied.

    Last year, my friend started working on an EAD (after his H-1B visa expired). Unfortunately, he did not get his renewal EAD in hand before the expiry of the current EAD, so the lawyer submitted a H-1B petition to use the unused portion (India vacations for him, but basically any time when you were outside the US) from his old H-1B so my friend could continue working. If I remember well, it was applied under Premium Processing, but I know for sure that it definitely came through. But so did his EAD card...on the day his current EAD expired.

    Again, I want to reiterate that I don't know how the above scenario plays out if the GC is denied, so do check with a lawyer.

    Regards,
    Jayant





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  • rajgccool
    08-27 06:27 PM
    Hello All,

    I am in a strange situation.

    My attorney is about to file my I-1485 this week.

    My details:

    Previous company:
    Perm PD: June 2006 EB2
    I-140 EB2 approved in Nov/2006.

    Current company:
    PERM filed: Oct/24/2007
    I-140 EB2 filed on Jan/31/2008
    trying to recapture the old PD of June/2006.

    Today, when I checked my I-140 status, it says "Request for Evidence sent" yesterday.

    What are my options now? I do not know if I am eligible to go ahead and file my I-485 now ? What are the implications if I go ahead and file my I-485 now.? Please let me know your ideas.

    Thanks in advance



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  • manojp4
    10-12 01:52 AM
    Found this while searching the website of the Senate Judiciary committee. Even though it is more than a month old, the references to SKIL bill in the hearing offers a glimmer of hope to us..As I understand the SKIL bill has been referred to the same committee for several months now.

    http://judiciary.senate.gov/hearing.cfm?id=1801





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  • BMS1
    11-01 09:57 AM
    If you file the extension before expiry of the current I-94, you will be OK. It can be approved even after the expiry. She will be considered to be legally present without gap, if extension is granted.



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  • Ram_C
    09-12 04:51 PM
    Just saw this one:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html

    Hope this helps.

    Regards,
    kamdard.

    kamdard,
    Thanks for your enthusiasm in sharing the Oct visa bulletin news, will you please consider contributing to Sep 18th DC Rally in any of following ways

    1. Attend / Sponsor DC Rally and let your voice be heard.
    2. spread the word about DC Rally http://immigrationvoice.org/forum/showthread.php?t=11694
    3. collect signatures on petitions
    4. Join your State Chapter and volunteer the efforts of IVhttp://immigrationvoice.org/forum/showthread.php?t=11684
    5. make / collect Donations for the Rallyhttp://immigrationvoice.org/forum/showthread.php?t=11689
    6 or in any other way you can think of





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  • naushit
    12-04 09:53 PM
    I too support idea of getting Attention of Janet to clear GC backlog.

    But instead of letter and FAX (protest mode) , I suggest, IV representatives should take her appointment for 20-30 minutes and explain her Administrative problems to her.

    If nothing happens, We should start protest, by sending letters and faxes to gain her attention, but I believe first we do professional presentation and explain what are we talking about!

    My main problem with current USCIS administrations are

    - Out of order processing of cases (In my opinion case processing should be done strictly by PD)

    - Lack of transparency to Visa bulletin decision and numbers.

    - Better case status report on USCIS website.

    Please add yours!





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  • rorypirrie
    03-19 02:19 AM
    I think it goes around intent. Does your sister show signs of staying in the US or does she fully intend to return. Proof of reasons for her to return would be good to have on hand.





    amindarshana
    01-24 08:38 AM
    I have some issues with my 140.. I have doubt it might get denied... so if my my husband (H4) starts working now on EAD, he will loose his h4 status... and later if 140 is denied , he will be out of status , he has to go back to india and get h4 stamped... I don't want to go through all this hassel..so just matter of couple of months.. will wait for 140 decision...and if it gets approved he will use EAD to work.





    alien4ever
    09-23 09:02 PM
    Hi,

    I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.

    I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.

    Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.



     

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