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  • Leo07
    10-15 03:41 PM

    I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.

    I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.

    I appreciate all your comments!

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  • chris
    08-15 03:10 AM
    My PD is Mar 2003. Filed in June 2007.:mad::mad:

    BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.

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  • angelfire76
    03-21 09:59 PM
    "USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status."

    Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?

    Current employees of TARP banks who need to extend their H1B status.

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  • tcsonly
    12-12 06:55 PM
    USCIS will send an IO to your home within 48 hours. He will take pictures with your family, have lunch or dinner and issue the Green Card to every member of the family.

    Looking at your signature, wanted to make sure you provided the answer based on your personal experiance.

    I didn't know CIS became so customer oriented all of a sudden.


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  • ragnarok
    07-19 02:39 PM
    I've entered the US in 2000.

    Can you explain what PD and EB is?

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  • venky321
    07-19 02:08 PM
    It might have been okay if you had tried to transfer from H1 to H4 after a few months of being on the bench; but 3 years out of status lol.

    Talk to an attorney, file a DOL complaint against your employer; but if it comes out that you were out of status for 3 years, I think your chances are pretty bleak.


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  • kaisersose
    07-26 11:08 AM
    The upper portion is not required for visa stamping either. The bottom portion has all the info required.

    But in general, people carry the entire 797.

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  • LostInGCProcess
    02-04 06:30 PM
    thx vhd999,

    was it Fedex/UPS envelopes or USPS ones?

    thinking of sending both :-)

    If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.


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  • gc_on_demand
    12-09 11:04 AM
    Is there any hope for us...

    If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )

    so to me either dream act will pass as alone or will not.. depends on cloture vote.

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  • gccovet
    06-12 05:30 PM
    Hi All,

    I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.

    Company B has bought Company A. What should I do now?

    1) Do I have to ask them to file a fresh H1?
    2) how would the GC process be transfered to the new company that took over?

    I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.

    Can someone shed some light on this scenario?


    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    "Letter of Acquirement� would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.



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  • ysnraju
    12-07 12:02 AM
    for my 8th Year extension I applied on 16th Nov.2007
    and got approval notice on 28th Nov.2007 with 1 Yr extension.
    Actually based on December bulletin my attorney asked for 3 yrs. but got 1 yr. as in Nov my PD is current.
    Off-course on 30th my I485 is approved.

    So there is no doubt your attorney is so wrong.......

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  • j0se
    09-15 06:52 PM
    that was quite a journey!! i think half way through it i realised that i will not be making this effect again (at least too kickly...)


    i have to say that flash MX's 'distribute to layers' feature came in really handy for this

    thanks again

    sleep = true


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  • aranya
    03-09 03:07 PM

    Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

    This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

    Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

    they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

    1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

    2. Should i ask for a job offer later stating a new hire date of Oct 1st?

    3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

    Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

    Will appreciate any feedback on my 3 questions/concerns above - than ks.

    I was in a similar position a few years ago. I had to be at home for 1 month.
    From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.

    1] Most jobs are at-will meaning there is no real way to "protect your job".

    2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.

    3] They must have talked to their immigration attorney who set them straight about LOA etc.

    As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.

    As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".

    Good luck.

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  • anilsal
    11-16 10:43 PM
    I think healthy trade/economic relationship with economic potential powerhouse INDIA is important for the US in the long term. That is why the deal was a done deal long long ago IMHO.


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  • sravani
    05-16 08:52 AM
    Hi All,

    It would be great if you tell me how to go about with police complain for lost passport? Is it just I have to call 911 or go in person? And what questions they ask?

    Thank You

    You should not call 911. You should call the county police, they will ask you either to walk in to the nearest police station or some times you can ask the police officer to meet at a particular place. In my case I asked the police officer to come to the nearest Fedex Kinko's. He came to Kinko's sat with me and asked simple questions. The officers are usually very helpful and he/she will provide you a complaint no, and visiting card. You need this complaint no. when you are applying for a duplicate passport.

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  • txh1b
    08-18 01:28 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..

    Like I said before, this is a civil issue and a contract claim. This can be handled by means of a lawsuit as a civil proceeding if you wanted to. The likelihood of you winning the claim is very very slim in court based on my knowlegde. If you want a government agency to help you, that is not going to happen as there is no claim of any violation here.


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  • immilaw
    12-14 12:37 PM
    It was easy last year to not pass the bill. We had a Republican President & Congress and Democrats kept on blaming republicans for not doing anything. I think this time the ball will be in the Democrat's court to pass the CIR and send to the President for signature. They won't be able to blame it on republicans.

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  • jsb
    09-24 01:00 PM
    cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)

    Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.

    You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).

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  • BECsufferer
    09-23 12:49 PM
    an email reply saying " ... Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below." :rolleyes:

    My understanding ... bullshit! You ain't doing nothing.

    07-22 05:28 PM
    Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.

    Hope this helps!

    I probably know this works the way you have stated but do we have any references to legal document? rule? etc......

    Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.

    Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.

    02-14 05:05 PM
    plz any responses here