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  • amitjoey
    06-18 02:15 PM
    Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.

    One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.

    Question I had was -
    What are the advantages if any to filing when the new fee structure is in place?
    or should one file the earliest date one can, say 1st week of July?

    I would appreciate if someone could shed some light on this. Thanks!

    There are no advantages to filing with the new fee structure, More fees thats all. Earlier the better, but it is not a lottery, so it does not matter as long as your application reaches/files before the 30th of July.

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  • Libra
    08-09 11:26 PM
    This organization and this forum is running on contributions but why you guys want to use this forum but not interested in contributing, if you need just info there are so many other attorney forums where you can go and get the info. but when you are here in IV, i'll ask to contribute on any thread:D you guys dont even bother to look into action items and contribution thread. so i have to go to each and every thread and request people

    So, i once again request you guys to think about contribution and let IV work for us. Thanks.

    And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.

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  • Ramba
    05-04 06:35 PM
    thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.

    In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.

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  • rajuseattle
    04-28 04:03 PM

    Very good advice to young EB-3 folks.


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  • priya9178
    01-10 11:04 AM
    Thanks Y'all for the inputs !
    Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(

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  • regacct
    10-20 09:51 AM
    I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.

    I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.

    Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.


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  • joydiptac
    05-12 02:28 PM
    Hi Gurus please advice,
    My 140 was approved in 2007 ,but today i got email from USCIS ,


    Current Status: Case Transfered to Another Office for Processing

    On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.

    Any idea, what would be the possible reason for this? Please advice.
    BTW I recently applied for EAD extension.

    I suggest you call the number given. Seems to me there was a mistake.

    I remember getting a similar email for H1B some 2-3 years back even though my H1 was approved and I already received the I797. No issues though, they just sent another I797. :)
    I guess this can happen if their Database was restored to an older backup. So they had to go thru some of the processing again.

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  • Googler
    07-04 01:14 AM
    Saw this at (concurrent filing tracker)

    I-140/I-485 case: Approved in 915 days (700 days more than average*)

    User: aarun Labor Filing Date: 02 Jun 2004
    Service Center: Nebraska Category: EB3
    USCIS Receipt Date: 29 Dec 2004 USCIS Notice Date: 11 Jan 2005
    I-140 Processing: regular I-140 Approval Date: 25 May 2005
    Fingerprinting Date 1: 10 Feb 2005 Fingerprinting Date 2: 15 Aug 2006
    RFE: no RFE Reply Date:
    I-485 Status: approved I-485 Approval Date: 02 Jul 2007
    Name Check Status: not sure Name Check Approval/Denial Date: N/A
    Card Ordered Date: 02 Jul 2007 Card Received Date:
    EAD Approval Date: 25 Sep 2006 AP Approval Date: 25 Sep 2006
    Nationality: India Last Updated: 02 Jul 2007 9:01pm PST

    BTW, this is not a typo, the user aarun clearly states in the reply to comments that these details are correct.

    Total anarchy!! How can this happen? EB3, June 2, 2004 was not current in June 2007!

    It struck me that all these years we have taken USCIS' word on the idea that they issue green cards by PD -- they don't release any statistics on greencards issued by PD and country, so we have no idea if they do this all the time, issue green cards any which way they like!

    I should add that I feel no animus against aarun, he/she is just like any one of us stuck in this lightless, informationless black box of a process, good that he/she got lucky. This incident is tremendously informative for the rest of us cos it tells us how logic free and lawless the process really is.


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  • hankles
    12-09 05:35 PM
    O*Net Online website has a useful tool to learn which other occupations relate to one's present occupation. Simply enter your O*Net/SOC code and go to "Related Occupations".

    This may prove useful for inidividuals searching for jobs in "similar" occupations. Altough this information can be very handy it goes without saying that every case is different and one should not solely rely on this.

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  • pappu
    07-12 01:31 PM
    Is anyone there to answer my question? Please answer me.

    yes you can.
    move to the new company and file via perm. when you apply for 485 you can use those old pre-perm 2002 dates.


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  • hopelessGC
    01-21 04:38 PM
    The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.

    You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.

    There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.

    If anyone has doubts about what I said then please correct me.

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  • Berkeleybee
    03-28 11:19 AM
    I agree it is hard to comprehend, and I must admit I still do not understand:)

    Ramboom1, brb2,

    Read the first post in this thread http://immigrationvoice.org/forum/showthread.php?t=346

    and ask any follow up questions there.


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  • hopelessGC
    04-28 11:44 AM
    Very similar issue happened with my relative just a couple of months ago.

    Her I-140 was denied and H1-B expired in January 2009. There was nothing she could do. The company refused to extend H1-B based on the old labor and applied for a new labor instead. The issue with her I-140 was an incorrectly filed labor under EB2 instead of EB3.

    Now she quickly moved to B1 (Visitor visa) on the suggestion of her lawyer to maintain status.

    Since you have the option of renewing your H1-B, that is probably the best thing to do. Good luck to you :)

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  • rajeevkaza
    04-02 04:20 PM
    Hi Chapsi29,

    Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.



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  • chi_shark
    10-19 12:32 PM
    sue him for medical malpractice...

    Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?

    As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".

    I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.

    Have others gone through such an experience? Am I a source of residual income for his office?

    Thanks in advance,

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    07-18 02:05 PM
    If Skill Bill passes eventually, won't EB2 be beneficial over EB3.

    I used my EB2 (jan 2006) over EB3 (March 2005)


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  • db_greencard
    10-03 12:15 PM
    when you send out your application to USCIS?

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  • s_r_e_e
    11-26 05:29 PM

    I think, with attorney advicing you not to travel you should be able to convince the management about the need to cancel the trip for 'immigration emergency'

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  • wandmaker
    07-19 03:20 AM
    I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

    + You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay

    After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

    ++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple

    I have EAD and AP but wondering why I can not transfer H1B?

    +++ When you have an option to move to a new employer on H1B then why not

    Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.

    +++++ Not true

    Somebody else said I can transfer until my 6 year period but not beyond to that?

    ++++++ Not true, see "++"

    Others said no matter what I can transfer my H1b to any employer.

    +++++++ True

    I am confused, please help.

    ++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many

    Hope this helps :)

    03-31 07:17 PM

    03-22 09:22 PM
    My deepest condolenses and sympathies to thier families. May their souls rest in peace.