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  • istrategist
    03-25 10:13 AM
    Thanks h1bworker! I had a call with their immigration lawyers

    AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.

    The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.

    My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...

    Don't know if there are any other options - may post this as a separate question.

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.

    Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.

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  • simple1
    10-06 10:31 PM
    Troll Alert.

    This is a Fake post. read word by word you will understand.

    Read all the posts by user nish. he/she is an anti immigrant.

    Thanks for your reply....
    I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
    During COS process ..I will not be working on project so is this become problem for denial of COS status

    Please advice...


    In one of the previous posts the same user tries to taint l1b visa holders.

    my consultatn lawyer told me that i can not stay here but my consultant told me that you can stay here USCIS will not come to know about it.
    how USCIS come to know that i stayed illiegal in US

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  • jay
    05-19 08:22 PM
    Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?

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  • kumar1305
    01-20 01:31 PM
    All those guys are gone. Were we late coming to the USA?


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  • saurav_4096
    03-28 10:56 AM
    Thanks everyone for reply, I feel much better now.

    I had posted query to my attorney and looks like they sat on this and never replied.



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  • visaspirant
    10-21 11:26 AM
    Here's a snapshot of my scenario:

    1.My first H1 with company A: Oct 2005 to Oct 2008 (stamped in my passport)
    2.My entry to USA: May 2006
    3.My wife's entry to USA on H4: Oct 2007 (stamped in her passport)
    4.My second H1 with company B: Dec 2007 to Dec 2010 (Not stamped in my passport)
    5.My wife's H1 with company C: Oct 2008 to Oct 2011 (Not stamped in her passport)

    My wife is on H1 now and she could not get a job till now. Now we want to change her status back to H4. Whats the best way to do this? She plans to travel to India in Jan 2010 and I plan to travel to India in April 2010. Any help highly appreciated.


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  • indyanguy
    06-29 03:08 PM
    I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.

    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
    2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
    3. Can I file for a new PERM at that time and get an extension based on that?
    4. Do I need to refile I-485?

    Please help!

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  • GCNirvana007
    08-23 10:31 AM
    Guess we call it official - No one pending prior to Oct 1st 2003 EB2 as far as this site goes


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  • sw33t
    11-07 07:54 PM
    95 and counting

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  • IneedAllGreen
    09-22 10:45 PM
    I would suggest to stay with your employer and get your I-140 done through premium processing . Once I-140 done then transfer H1B with new employer and start new GC processing too.

    I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.

    One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.


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  • food2006
    08-16 08:00 PM
    I filed my appli 485, 131, and 765 (Both primary and spouse) by myself, and I received all my receipt copy by today, check cashed also. Filed 2nd July. all the best.

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  • BEC_fog
    11-17 10:53 AM
    I looked at converting to RIR but there seems to be no point in changing. There is no guarantee that an RIR application will be processed before an TR. Also, they are picking up applications in random order and not FIFO. So, I decided against the conversion.

    PD: EB2 India- Sept 02


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  • freakin_gc
    03-12 07:41 PM
    Businessweek bro


    How do you what are the top 10 PT MBA programs? Where can we find ratings for PT MBA programs?


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  • The7zen
    08-24 09:52 AM
    Hello Everybody,
    Thanks for the welcome and glad to join the group.
    I have also given the contact details and already got access to the google group.


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  • miamivice4u
    04-10 07:40 AM
    But he can not loose our hopes, remember this, for the american people legal inmmigration is Green Card holders, if you are a temporary worker is like they are telling you hurry up pack your things and get back to your place, and the congress will try to work legal and illegal immigration at the same time, probably they will increase visas, but anyways the point is who is making noise in the streets? illegals and their supporters. In my case i contact my senator and my congressman every month asking to please help with comprehensive immigration reform, to help us to create legislation on name check so we do not have to wait years, and well all of them are republicans but all of them are immigrants so they know our pain.

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  • eb3_nepa
    05-28 09:57 AM
    I am getting 2 opposite answers from 2 different filers.

    Can more people who HAVE filed before post their experiences?

    This is not a hypothetical or "how it SHOULD BE" thread. We are looking for people who HAVE filed before and can give us experiences. No speculations please.



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  • loudoggs
    12-03 12:22 PM
    Thank you!!

    No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.

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  • dixie
    10-17 01:42 PM
    They can introduce all the premium processing they want, but the crux of the matter is that it is of no much use to us without the visa numbers to apply for a GC in the first place. USCIS will still end up making a lot of money - guess why - because we will have lost all our sanity by the time our PD becomes current so we wont mind shelling out money for I-485 premium processing even after having waited for ~10 years !! So more severe the retrogression, more the premium processing revenue. Not to speak of the fees for renewing the EAD,AP and so on. So much for the "USCIS certified premium processed" GC

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  • kiwi
    06-22 09:32 AM
    This is from my attorney:

    All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
    EAD card copy for OPT if you had any;
    All the visa stamps for reentering the States;
    All H1b approvals;

    I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.

    "Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.

    04-14 04:56 PM
    hi prince,
    regarding ur post, there is a correction.

    holding an Approval notice alone is NOT a valid reason to bypass the transit visa in germany.

    holding a valid visa or Adv parole is good . but not just an appr notice.


    11-06 08:54 PM

    We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".

    Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".

    Can you please share your experience?


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