Thursday, June 30, 2011

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  • gccovet
    11-03 08:03 AM
    Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.

    Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.

    My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.

    Please advise.

    In my opinion, leave it as it is.

    also, please spend few minutes to send out 4 letters in support of fight against cases using AC21 and getting denials without any reasons. You might very well fall in this if you plan/have to use your EAD.

    check out

    Thank you for your support.


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  • jayleno
    11-25 11:58 AM
    As far as I know since you have already been counted towards the cap once because of H1b approval for Company A(nonymous), you can get another non excempt H1b again in the next 6 years.
    Dont you feel that you may be abusing the H1b by doing this? Anyways, like its always suggested, talk to an attorney.

    I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer…???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.

    Has anyone done this…????

    Thanks in advance...

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  • reddy_h
    08-12 02:02 PM
    Unfortunately no! Only your employer or lawyer can tell you.

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  • sioux
    11-30 10:36 AM
    the examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position. Thus, although not stated, this argument and analysis should accompany the request for approval under AC21 portability.

    Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.


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  • ruski_flasher
    08-01 11:07 PM
    not being rude, but are you the voice of-

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  • anilsal
    09-06 01:57 AM
    I also request you to send emails directly to these folks. With the rally approaching, I am sure the core is swamped with logistics.


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  • iheartindia79
    10-06 04:37 PM

    Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?


    Still waiting [YAWN]

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  • rajsand
    10-05 02:18 PM
    Guess you can reschedule it once but dont miss the next one.
    read the fp thread you will get lot of inputs.

    Also regarding Travel :
    are the receipts good enough for international travel or we have to wait for the AP document and then only travel
    Assuming we are using the AP at the POE and not the H1



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  • Kodi
    06-12 04:56 PM
    My company is using

    David Frankel
    Frenkel, Hershkowitz & Shafran, LLP
    16 East 34th Street
    New York, NY 10016
    (212) 679-4666

    He's really good.

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  • cooldudesfo
    12-22 12:20 AM

    Need quick suggestion:

    Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.

    I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.

    I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.

    Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.

    Please advice.



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  • caprianurag
    11-06 09:27 AM
    Hi Guys

    I got two LUD's after FP.
    What does that signify?

    How do I know when my application has been sent to FBI for namecheck?



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  • Leo07
    06-08 08:12 PM
    Hello There,

    The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)

    I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.

    In this scenario:
    a. Do I have to go through the entire GC process again with new company?
    b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
    c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
    d. Should I stay with my current employer?

    Please all your suggestions are welcome.

    Best Regards,


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  • ImmiUser
    11-30 05:17 PM

    I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points

    1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?

    2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?

    3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?

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  • coopheal
    06-18 10:39 AM
    This is what I think:
    Report your address moving even within same comunity/zip if you have not done already ASAP.
    If the address in Oregon is going to remain your permanent address then you do not need to report your stay in CA.


    I was staying in Oregon.I am working in CA for the last one month.
    My family still stays in Oregon and will continue there. We also moved to diff apt one month back in Oregon. ( In the same apt complex/zipcode)

    I will stay here in CA for couple of months.

    Can I give the present address in Oregon for all of my family members Since my family still staying there.

    Do I need to give my present address for me in CA. I may be moving to diff apts here depending on project/confort.

    Pls advice.


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  • tabletpc
    08-23 03:39 PM
    "Well, thankfully, you are EB2 so you won't have to wait long.
    the wait is not less than 2 year....

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  • snathan
    06-09 10:13 PM

    I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
    Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.

    Company is really flexible with job description.

    Thanks in advance.

    Are you the mouth piece for your friend...?


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  • anyluck?
    09-09 08:16 PM

    I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.

    1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94.Is this right?

    2) How many weeks will it take under premium processing to get new I94

    3) Do they have to apply only after Oct 1.

    4) Are there any chances of getting rejected at this stage.

    Can any one please suggest.


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  • gotgc?
    03-05 02:26 PM

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  • VivekAhuja
    05-18 06:15 PM
    What US address did you give USCIS? And what are you planning to give them later?

    April 19th, 2004, 02:01 PM
    How do you find the WB on the D2H? Are you preset or using some other method?

    I have been using a D1 until two months ago, when my friend drop it into the Central Park Lake when powered on. It's now a slam dunk. Currently I am looking for a new DSLR, and seriously considering switching to Canon, . . .


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    11-26 07:25 PM
    Please call USCIS or better yet, take an infopass appointment.

    I can not take infopass appointment as I don't have receipt number. Alos, I called up USCIS and they informed me that it is taking longer time for entry and so far they don't see my EAD and AP entries in their system. Although they have received I-485 which was sent along EAD/AP. I just wondering if anyone come across similar sitaution, also does it make sense to file EAD/AP again without any further waiting ?



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