Wednesday, June 15, 2011

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  • karthikgk
    10-19 07:13 PM
    Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".

    I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.

    I will update once i get more clarification.

    Hello,

    Looks like probably me and my wife will end up in a situation with an expired EAD - we did receive a receipt of our renewal application.

    What did you guys do? Did you continue working after the EAD expired? Or take a temporary break? Or did u luck out and got ur EAD just in time?

    Any help/suggestion/advise is much appreciated - as you may imagine, I am worried sick





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  • jagran
    07-31 03:11 PM
    From where you got this fact? If this is the fact then PD won't be hovering in 2001 since last 5 years. In those days, PD for EB3 was always current so every body applied in EB3.

    The Sept bulletin will be
    EB2I - Dec 03
    EB3I - U





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  • cal_dood
    07-20 10:17 AM
    in Mexico and Canada - though there may be a catch - they may not process a B1/B2 to H4. You'll have to find that out. Getting a appointment/emergency appointment in ur home country is the best bet.





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  • nixstor
    12-07 10:18 AM
    I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

    You should check to make sure.

    May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.



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  • a1b2c3
    12-19 02:28 PM
    Practice what you preach.
    BTW myself and majority of members on this forum hasn't replaced any American worker.

    Yeah, right :D! BTW your long hopeless wait for gc has driven you crazy :D





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  • GotGC??
    05-29 07:47 PM
    Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.

    Could you please clarify:
    - what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
    - did you mean premium processing 140?



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  • ArunAntonio
    10-17 01:07 PM
    Sorry to Bump ... but I am going nuts.. am I doing something wrong in the way I am going about this?





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  • logiclife
    02-08 11:48 AM
    You want to keep your 140 intact for 2 reasons:

    1. To port the priority date for future use in a subsequent Greencard petition.
    2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

    First, about 1:

    There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

    In a nutshell:
    Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

    About 2:

    If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
    Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

    About preventing 140 from being revoked:

    I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.



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  • gccube
    04-11 03:15 PM
    I did add all the dates available with me to my profile but it doesn't apprear on the tracker. That made me think that there could be a separate option for this.

    Thanks for the reply.





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  • bigboy007
    10-11 01:31 PM
    Consult with your current company immigration attorney and find out why your current job will not qualify for EB2.

    Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.

    Renewing your H1B based on the revoked I-140 would be risky.
    Did USCIS sent you any notice that your 485 is not valid ?



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  • kams
    01-10 11:08 AM
    I-140 applied May 2007, EB-2 Nebraska. Approved Jan 8, 2008.





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  • antihero
    11-27 12:51 AM
    I recently used the AP to enter the US. There were no issues in the US. However, the immigration official in India had some confusion trying to understand the AP. I had to show him a letter that my company's lawyer had given me listing the details of the AP and that I could use it for entering the US.

    Hi Guru,

    So did you have any other US visa in your passport, or were you carrying just AP document?



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  • aaaa4321
    08-31 10:01 AM
    Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
    http://www.murthy.com/bulletin.html
    I hope I understood it correctly.
    What do all of you say?





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  • amitjoey
    10-23 02:05 PM
    -------------------------------------

    I'm sorry, few details.
    Yes, the lawyer said that he will file to Nebraska.
    One small detail I did not understand: PD-priority date- is about the PD when I filled for LC or will be another PD for this I-140?
    About the fees:
    U.S. Government Fee: I-140- $475.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 - wife.

    the lawyer's fees are very high but I'm stuck and afraid to make changes at this last stage. I'm wrong?

    PD: Date when you filed your labor. Stays throughout untill 485 is adjudicated.
    Untill you get GC.
    Processing time of 140 is based on when you file it.
    I-140 Should be filed with Lawyers help (My advice) since the intent is to show that the employer has the financial muscle to keep paying you and it is really the employers petition. I-485 is your application to adjust status, and a lot of people have done it on their own without lawyers help.



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  • LayoffBlog
    01-27 01:32 PM
    Caterpillar, seeing sales for its bulldozers and other heavy equipment sinking in a worldwide economic mire, said Monday that its business was �whipsawed� during the fourth quarter and that it would eliminate 20,000 jobs in the face of a �very tough� 2009.Caterpillar announced the staff reductions as part of its fourth quarter earnings report, released [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1235&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/26/caterpillar-to-lay-off-20000/)





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  • nivasch
    05-26 07:46 AM
    Thank you Team IV, QGA & Staffers of various Senators, for all your efforts.:)



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  • kak1978
    10-26 02:58 PM
    I gave you green .. be happy .. and keep helping others

    Well, thank you. I am returning the favour.





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  • Munna Bhai
    07-12 07:51 AM
    Hello,

    Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.

    Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.

    a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?

    b)What are the other backup plans we can have.

    thanks for your time.

    -M





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  • mhtanim
    09-20 11:26 PM
    Thanks for the info. how about areas like simivalley, santa clarita, do you get houses for 300 to 350 and

    And also around bay area- san roman, liver moore are they good neighbourhood. Also which has more jobs in datawarehousing is it LA or bayarea.

    House prices in California have fallen significantly this year. However, they are still out of reach for most of the first time buyers. Simi Valley and Santa Clarita are nice places to live but still quite expensive. You may be able to find a townhouse for the range that you have mentioned. Please browse www.realtor.com and run some searches by cities to get an idea.

    Remember, it's very difficult to get a loan nowadays. The lender will now check how much you really make. The general rule for qualifying a loan is that you need to make at least 1/3rd per year of the house that you are buying. For example: if you make $50K a year, you can qualify for a mortgage up to $50K*3=$150K and not more than that.

    Good luck on your search.





    unseenguy
    05-16 03:49 PM
    How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.

    CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.

    There is nothing to be scared of in the interview. If you are skilled immigrant from any country and your case is genuine, what are you scared of in the consular interview? Attorneys here will always ask you for I485, sure it helps most people than those filing CP , but there is also economic advantage to attorneys suggesting this option.

    As I said, those from non retrogressed countries can file concurrently, also those countries such as India which are experiencing wide swings in visa bulletins are able to file concurrently. If I140 is NOT approved and date is current, it makes sense to file I485 as it gives you additional protections by law.





    aviko21
    10-05 07:59 PM
    our paroles were updated on the website as being mailed on sept26, we still haven't received them but we did receive ead cards which were approved on sept 28. No sign or notice of AP or FP yet



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