Thursday, June 16, 2011

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  • dilbert_cal
    07-05 03:09 PM
    Hello,
    I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

    a. Is it possible for me to port my I-140 to company B?
    b. If its possible will i be able to keep the PD?

    I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

    Thanks in advance.

    If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.

    However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).

    To be on the safe side, it doesnt hurt to file a new labor and port your PD.




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  • skd
    01-12 02:17 PM
    Skd, it was nice of you .. I gave you green :)

    God Bless everyone and everywhere.




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  • chanduv23
    01-21 05:56 PM
    Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.

    The worst part many working pros who know of these issues hardly make an effort to work on a solution.

    Either stay mum or fight for..IV members are the latter

    True

    All they care is catch a Desi Consultant and fake the resume So sad !!!!

    This has become a trend now. Desi consultants prey on these fresh grads.




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  • krishnam70
    11-21 01:42 PM
    Hello Gurus,

    I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)

    Following is my current Status

    Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
    Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.

    I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.

    After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.

    From the info in some posts, I understood that this extension puts me back into H1B Status.

    Now the actual question :
    -------------------------
    I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)

    If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.

    But let's assume I don't get it Approved before I leave.

    a) Am I allowed to travel outside USA while my AP is Pending ?

    b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?

    c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
    why did I leave the country while my AP application is Pending ?
    Why are applying for H1B Visa while you could have used your AP?

    I appreciate your detailed answers.

    Thanks

    Ibbu I answered your questions in other threads you opened. It is not advisable to open multiple threads with same topic. I do understand your anxiety in getting answers but to open multiple threads is only going to knock off people and you might not get responses which could lead to discussions and answers for you. There are multiple threads on the same topic with people in similar situations which could be applicable to you. Please do some research and reading..

    cheers
    kris



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  • satyasaich
    01-27 07:02 AM
    US needs EB1 and Ph.Ds

    Others not contribute as much

    Looks like you are EB1, but your comments are reflecting mindset of uneducated person / so many members of congress and senate of this country.
    What a pity

    But for sure, i'm happy to see something related to EB immigration is addressed ( no matter which 'category' that is)




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  • ps57002
    07-18 11:40 AM
    some people r thinking of flower campaign to atlanta center so as to speed up slowed down processin. if anyone is interested...

    http://www..com/discussion-forums/atlanta-perm/4827173/last-page/


    =======================

    Message from IV
    IV does not recommend any such actions.

    We are aware of the issue and if there is any acion item, we will post it.

    also be aware of what we posted earlier on this issue:
    http://immigrationvoice.org/forum/showthread.php?t=6084
    http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
    =========================



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  • GCBy3000
    09-19 07:16 PM
    I have heard such cases and as per law, you are responsible to bring it to the USCIS notice about their mistake. Since you have one more month left, it is better to work with your attorney to iron out this issue. Make sure you bring this to UCSIS notice.

    TO get 3 year extension your attorney needs to file the copy of approved 140along with the request for H1b extension. Make sure to ask for H4 also if you have one.




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  • acecupid
    06-25 11:29 AM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.

    Elaine,

    Thanks for your response. I am very curious to know if you have been successful in responding to an RFE in the manner you mentioned and USCIS accepted the agrument and continued with AOS for any of your clients. I understand that given the circumstances the OP does not have much of an option since he does not have a job right now. But it would be interesting to know if USCIS has accepted such an argument in the past.



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  • english_august
    08-24 10:22 AM
    Call in waltz. 1-800-486-8655.




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  • Leo07
    09-16 05:52 PM
    done done done...



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  • agc2005
    12-25 03:48 PM
    For me It took about 5 weeks. I think it may take about 30 to 90 days.




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  • pmat
    01-31 03:06 PM
    how can one get copy of i140? does it not belong to the company?

    You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.



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  • AirWaterandGC
    05-15 12:04 AM
    I have repeatedly said that is not about any one person's GC. Count on me to be with IV even when I get mine. Its the fight for justice.




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  • santb1975
    02-16 12:27 AM
    ^^



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  • indianabacklog
    02-24 12:57 PM
    it was for visa stamping

    Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.




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  • sabr
    09-19 05:05 PM
    as I was not getting a corp to corp job for more than a year.I desperately need to work.now I am on a project for 3 months and it will end soon also.but this company wants to hire me full time. thats why I want to join them with EAD and when my h1b approves I will get it stamped and reenter..



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  • feblc2002
    02-03 04:45 PM
    Congratulaions ivar. I guess your dates became current couple of months ago. It took so long for them to approve it ? Could you please give some details on when you got approval notification?




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  • kirupa
    11-26 03:52 AM
    You'll be surprised at all the things that I pretend to know.




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  • sgorla
    02-20 04:22 PM
    Here is the link to database:
    http://www.flcdatacenter.com/CasePerm.aspx



    gcseeker2002,

    Can you please provide the link.




    javanmard
    03-22 10:01 AM
    Thanks B, how long did it take for u? I need to go to my home country for some urgent work, so worried a lot. was it in California service centre?




    pitha
    01-31 03:17 PM
    the address for checking case status is

    https://egov.immigration.gov/cris/jsps/caseStat.jsp

    You have to enter your receipt number


    Is there a way to track the status of one's I-140 petition through USCIS's website?



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