Sunday, July 3, 2011

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  • sunny1000
    12-18 10:52 PM
    The labor is for your future job that your company is offering (atleast technically). The LCA is based on your employer's address and NOT based on your address..As long as your employer doesn't move, it should be no problem. Of course, please check with an immigration attorney on this.:D

    My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?




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  • desidas
    01-25 09:16 PM
    What would be fee for the old folks who filed I-485 in June?




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  • sreeraghu
    07-16 12:25 PM
    Recently I renewed my Advance Parole (AP), USCIS renewed it for 9 months only. Is it possible to check with USCIS to get a 1 year AP.

    Thanks!




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  • InTheMoment
    11-01 01:57 PM
    Certainly not all hospitals and universities must most do fall in the non-profit category.

    Check with the HR of that org. to confirm.

    yes of course
    All US universities and Hospitals are non-cap
    the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)

    changing to cap-subject requires a regular oct-dependent h1b visa again



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  • aguy
    07-27 05:40 PM
    Does it mean that if she graduates before the I-485 is approved, she cannot work? Or can she accept employment on the green card EAD even though the I-140/I-485 are pending. What will be her status during that period?




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  • mudigondag
    01-25 12:19 AM
    Friends;
    I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
    Thanks
    Venu



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  • bhasky25
    12-21 12:22 PM
    I got a NOID because my 140 was withdrawn by my employer, if your 140 is not withdrawn then you must be ok. The problem I have is, I had filed AC21 even before the 140 withdrawal but not after a year after its withdrawal, I am getting a NOID.

    I am just disappointed by their carlessness before sending a NOID. If they had see my documents, they would have found my AC21 as I had added it along with my RFE response. Anyway not much I can do other than responding back with a new AC21. I wanted to see if there is a pattern to this pattern.




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  • patriot01
    09-25 02:20 AM
    I am kind of in the same situation...But, I don't know if the status means what it says.

    But, I got the status change in Jul 2008 saying that

    'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'

    The very next day I got this case status change saying that..

    'We mailed document to the address we have on file, You should receive the new document within 30 days.....'

    I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....

    But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.

    Thanks in advance.



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  • raysaikat
    11-13 02:34 PM
    Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.

    Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.


    After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani




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  • senthilnathank
    10-07 04:54 PM
    No. But the employer can file for 1 Year extension if there was a Labour or PERM was filed and it's pending. If I140 is approved and waiting for I485, employer can file for 3 year extension.



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  • thakkarbhav
    02-07 08:45 PM
    Yes. They need atleast 3 months time to file new labor.




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  • suavesandeep
    11-14 10:57 AM
    485 has nothing to do with company. Only I-140 is company dependent. So only reason why 485 will be denied based on company is when the underlying I-140 gets denied i.e. Company revokes 1-140 or USCIS finds something wrong with your company which filed the I-140 before AC21 kicks in. In a separate thread there is action item for USCIS denying I-140 and ignoring AC21 which you may want to participate in if you haven't already. Assuming your I-140 is always valid than Your 485 can be denied only because of you i.e. you were out of status, have a criminal record etc.



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  • canmt
    11-14 07:43 AM
    Guys,

    My I-485 status changed to below. I did not receive any email from USCIS regarding the update. Is this normal?

    Current Status: Card production ordered.

    we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I have not received the card as yet, any ideas as to how long it is going to take?




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  • roseball
    10-18 12:34 PM
    a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.

    Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension

    b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?

    You will get a 3 yr H1 extension

    c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?

    You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.



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  • perm2gc
    09-06 01:07 PM
    Her petetion is filed in May. And she travelled out of USA last month. So you need to do is to start working and get a visa stamp of H1 when you go out of the country. Can you please stop advertising on the board about your company..




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  • bindas74
    07-19 04:23 PM
    I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.

    Hi,

    I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.



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  • GCHope2011
    11-04 11:16 PM
    Hi All,

    I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do

    1. Can I travel while my extension is pending?
    2. Can I raise a service request to speed up the processing?
    2. or Upgrading to PP is the only option?

    I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?

    Please help...

    Thanks in advance
    Ritu
    Answers:
    1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).

    2. SR to speed up processing might not be of much help

    3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have

    Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).

    Hope it helps.




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  • crao_a
    06-17 04:13 PM
    Hi all,
    Thanks for your time...please help.

    My I-140 Denied couple of months back and I Appealed (I-290B) this decission with all the evidences to prove my exp & employer's ability to pay.
    On June 11, 2009 I got the email from USCIS saying my I140 was approved On June 11, 2009.

    But, on June 10, 2009 (previous day) USCIS denied my I485 as well as my wife�s I485. Please let me know, how to reopen both of these�

    Thanks for your advice,
    crao




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  • sd1020
    02-26 02:11 PM
    I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

    Thank you very much.




    El Hacko
    October 3rd, 2006, 08:37 PM
    #1 is really a nice shot Antonio. Good lighting, shadows and balance. I am also impressed with your concert photography pictures at your website. BRAVO!
    Bill




    jville
    11-10 11:53 AM
    sorry folks. that was I485 /AC21



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