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  • StarSun
    02-24 09:43 AM
    The conference call is available in IV Wiki. (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)





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  • chanduv23
    11-17 09:40 AM
    I got mine using EAD last year at Baytown, TX - I would say, it is one of the coolest DPS in Houston. All they need is your EAD and old license.

    The license would state that you are a temporary visitor and your status expires the day your EAD expires. Around the EAd expiry time, you get a notice that your drivers license will be invalid if you do not update the DPS with your new status information.

    I got greened in September, but still using the same old license as it is valid till September 2011.





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  • whattodo
    05-02 01:30 PM
    What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?

    I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.


    I think you can join the company immediately. To be in safe side you can apply for transfer in premium.

    As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).





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  • kshitijnt
    04-25 09:33 PM
    New OPT rule says that you should not be unemployed for more than 90 days on OPT. Since you are on OPT, you are not out of status. You need to find a new job ASAP.

    If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
    You will need approved petition or receipt number to transfer H1.

    As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.



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  • chandrajp
    08-15 03:44 PM
    I received my Receipts now for I-485.Is there any process to expedite AP while filing .(based on family death). I'm applying for it now.
    You can always take an Infopass appointment. I'm not sure if IO really has authority to generate an interim AP. In my case I took Infopass once for address change as it did not happen even after applying online twice.





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  • eb3_nepa
    06-22 09:16 AM
    Agree.
    Initial Evidence for I-485 includes
    1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
    2. Employment Letter (for GC job)
    3. Proof that person is maintaining valid status in USA since last entry in USA

    Not a legal advice
    ----------------------------------
    Permanent Resident since May 2002

    When you say

    Proof that person is maintaining valid status in USA since last entry in USA

    What documents prove that exactly?



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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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  • chanduv23
    06-03 08:21 AM
    Usually we see IV members posting on this website if there is a pattern and trend. if there is one, some members take initiative and contact their law makers and talk to appropriate authorities.

    Is there such a pattern? Members may post their experiences and hardships on IV.

    DHS does takes measures to control fraud and abuse - but if it is affecting geniune people then genuine people can write about their issues here.



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  • indyanguy
    08-24 01:45 PM
    Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?





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  • mtsaha
    08-09 01:51 PM
    Hi All,
    Now there are 3 possibilities for "alien receipt number" that is supposed
    to be written behind my photos to be included with I-485:
    -1- the filed i-140 receipt number
    -2- a number that appears in i-140 approved letter
    -3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")

    Any more clarifications on which one of the above three is actually "alien receipt number"?

    Thank you so much!
    Mtsaha



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  • scorpioca
    05-17 04:59 PM
    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help





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  • billu
    08-23 08:47 PM
    H4 visa is the worst possible visa in the world.anytime you file for a h4 visa, there is no premium processing and it usually takes 4-6 months for approval. you cannot work on h4 visa and you are dependent on your spouse. as soon as possible, switch to F1 visa. benefits of F1 visa:

    she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)

    she can earn on-campus (20hrs/week) and can have a SSN

    after graduation, she will get OPT which will allow her to work immediately after graduation

    Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)

    you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)

    Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!



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  • vin13
    01-15 12:42 PM
    We had an emergency and got our AP approved and collected it at the USCIS office. We left US the very next day. We had no issues returning back. So i think you should be OK.

    Lets assume that USCIS mailed it the same day and you got it in a couple of days. :rolleyes:

    I personally think you should be OK based on your approval dates.





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  • gcformeornot
    06-30 09:38 AM
    a question. How much did you pay for this? I hope it doesn't work for you....:mad:



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  • bluekayal
    09-12 12:07 AM
    Very courteous. No problems even though I said I was no longer employed with the petitioner and that I was looking for a job.:)





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  • virtual55
    05-02 04:45 PM
    Guys,

    Please signup for monthly recurring contribution. Now it is critical time for all IV members, so atleast contribute now and make the job easy for core members. $20 contribution monthly can make lot of difference for the core team to pay bill's for lobbying and get the job done.

    for eg: $20*2000 members(we have more than 11000 members currently) = $40,000 per month

    Think on it, you are contributing for your future.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44



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  • siddar
    11-09 04:38 PM
    So hypothetically:
    person has approved 140 from comp-A but moves to comp-B
    A revokes the H-visa and 140.
    The person can still extend for 3 years, through B using the approved 140 (from A).
    This can continue till the day the persons PD becomes current?

    It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?

    However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??

    If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.





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  • GCBy3000
    11-29 11:37 AM
    Always play safe. Not all the immigration lawyers have the same answers. You might be right on several occasions, but the company will always go with the advice from the company lawyers. I have faced several idiotic decisions from my company lawyers which screwed me up big time in my GC process. But I have always played safe because I need the support from my company. When you take an offer from the new employer you do not know how good/bad are those company attorneys are. So play safe as it will cost you heavily.

    NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.

    How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
    Thanks





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  • sledge_hammer
    02-23 12:44 PM
    I would say YOU need that "good luck" more than the members that answered your question!!!

    Thanks for your response.

    I will stay in touch & keep posting if I need more clarifications in my case.

    Until then, Good Luck:)

    Shivani.





    coolmanasip
    08-16 08:06 PM
    Kondur - First, thanks for your reply. Its all volunteer time here and I appreciate your time to help me out.

    The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....

    I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.

    Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.

    I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.

    Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....

    sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time





    msyedy
    01-10 02:06 PM
    Hey BacktoSchool

    If you have EB3 2002 labor approved( I have not seen that in your post) now.
    If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
    Get I-140 of both EB3 and EB2 labor approved via premium.
    USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.

    Think on this, ask your employer and lawyer, couple of my friends are doing this.

    In max six months time you will be eligible for I-485