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  • div_bell_2003
    12-19 05:01 PM
    It does not look like your future green card processing will be affected by any way due to your one year absence, but you might wanna clarify with your attorney about the status of your H1 though. You didn't mention anything on this, but I'm guessing you'll be coming back to the same employer in 2010, just check with them if your one year not being in US payroll would result in revocation of your H1B and they have to apply for a fresh one once you come back.

    From the GC front, you don't have anything to worry as far as my knowledge goes.

    I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?

    Thanks a lot.

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  • thesparky007
    04-25 07:25 PM

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  • kaisersose
    02-20 11:17 AM
    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.

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  • Better_Days
    04-07 01:20 PM
    Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.

    Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)

    You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.

    I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)


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  • willgetgc2005
    04-24 11:47 PM
    dilbert_cal / others,

    I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?



    If your previous company has closed down, there isnt any way you can port the PD.

    PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.

    Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.

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  • tdasara
    02-08 07:33 AM
    L1A is for managers and you actually have to work atleast one year outside the US to apply for a GC (L1A - GC)

    L1B is most commonly used (abused). There is no minimum required pay and has no cap. Moving from L1B to H1b is a nightmare.


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  • singhsa3
    07-25 03:36 PM
    Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:

    On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.

    So please save this idea for future use if others also recommend it.

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  • aranya
    03-09 03:07 PM

    Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

    This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

    Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

    they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

    1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

    2. Should i ask for a job offer later stating a new hire date of Oct 1st?

    3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

    Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

    Will appreciate any feedback on my 3 questions/concerns above - than ks.

    I was in a similar position a few years ago. I had to be at home for 1 month.
    From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.

    1] Most jobs are at-will meaning there is no real way to "protect your job".

    2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.

    3] They must have talked to their immigration attorney who set them straight about LOA etc.

    As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.

    As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".

    Good luck.


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  • Murthy
    05-07 08:10 PM
    The Beacon (

    Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.

    2) Allow people with approved immigrant petition to file an I-485.

    The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.

    3) Do not count the dependents against visa numbers.

    The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.

    4) Publish all the backlog data including that of district offices.

    USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.

    5) Publish visa numbers that have been used to date in the current year.

    Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
    Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
    They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.

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  • loma
    04-15 10:03 AM
    If your e-file gets rejected, you can send in your retrun electronically, and submit a paper form: Form 8453-OL with your signatures. I did this with TurboTax software.

    This is a substitite for a complete electronic e-file, in that you don;t have to mail the complete return by post, and you can get refund more quickly.



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  • me_myself
    12-19 05:15 PM
    suavesandeep, thanks a lot for confirming.

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  • Britsabroad
    December 2nd, 2008, 06:34 PM
    Hey Ed - I chickened out on the Abes deal after reading the reviews - sounds like they make you work hard for your discount. If you went for it, let me know the outcome.

    So what made you switch?

    Well... A friend of mine has a photography business and uses Nikon kit. For a long time I have been impressed by her out of the camera images (color and skin tones), particularly flash shots. She was achieving good looking images with far less processing than me. Her nikon zooms were great wide open too - mine were just OK (on a 20d) I was hoping that Canon would take a hint, & come up with a feature set to compete with the d300. They didnt do it, so I jumped ship!


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  • jonty_11
    12-13 04:04 PM
    I am sure if Guest Woroker Programs and hence CIR is enacted...there will be a free for all...illegals scrambling to ge their Tax etc in place so that they wont be deported. Hopefully they are not allowed to file for PR so soon that there is a even bigger queue for I485...and even CIR ends up providing no relief to us.

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  • veni001
    06-18 01:53 PM
    Remember I-140 is Employer's not yours, only safety net for PD is I-485 +180 days (AC21 rule).

    I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
    There might be a little problem if the 140 is revoked. But you can certainly try.


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  • abhijitp
    01-25 07:14 PM
    Thanks for your suggestions, I am sure IV-Core will note them.

    Did you send out letters to the WH + IV?
    The recapturing of numbers does not need legislation, it can be done by administrative intervention.


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  • dealsnet
    04-02 04:02 PM
    You will not get another 6 months, if you go anywhere in North America.
    You need to go Europe or Asia.
    Extension is no longer allowed. It was allowed 2 years back.
    Only way is to go out to India, or apply extension with USCIS.

    So Let me get this clear in my head..

    If the I-94 is valid for 6 months and then if you need to extend the stay of your parents

    option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
    Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?

    option 2: Go out of the US (Mexico, West Indies) and return in 1 month?

    option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?

    option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.



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  • Britsabroad
    February 27th, 2004, 09:36 AM
    Sounds like traffic jams might be a good place to 'trap' (Another Royal Navy term)

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  • mrane1
    10-26 02:12 PM
    Mrane and Lramni

    Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!

    I you say you are out of town on appt date do they ask for a proof?

    A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!

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  • lord_labaku
    12-17 02:13 PM
    2001 - dot com bubble burst;
    2008 - finance bubble burst;

    Our GC journeys have spanned 2 recessions and we could not even take advantage of the slight boom in the pathetic.

    01-21 02:42 AM
    Hello Friends,

    Current Situation:
    -I am on my 10th years in USA and started using my EAD 1 year before
    -My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
    -I485 pending for more than 2 years (so I am beyond 180 days limit)
    -I140 is approved.
    -I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)

    Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.

    1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?

    2) Or should be a safer side to use the AC21?

    Thanks for your help on this

    Trick question. Are you testing our knowledge of law?
    AC-21 can be used for job in same or similar occupation.

    Also since green card is for future purposes, your employer A can still support you in terms of documentary evidence, but it will be upto the lawyer to convince the USCIS.

    04-09 12:18 PM
    I don't think that with the EAD renewal receipt you can continue working. Right now, the EAD is valid for 1 year from the day the process and print your card and you cannot specify the employment dates(or they are ignored anyway). It works differently than an H-1B extension where you can specify the dates and even when they process you application say in April and you asked for it to start in march, the approval notice will have the starting period in March. For EAD, if they processed it in April, the starting date is in April.

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