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  • addsf345
    11-24 02:13 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    so r u on EAD or H1B? wondering if you were able to continue working on EAD.

    its a gray area and even lawyers are not sure 100%.


    1. How long does it take to find MTR?
    2. What documents are needed?
    3. Did you informed CIS about job change?

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  • gc_chahiye
    07-18 07:53 PM
    and researched by Pappu himself. Check the archives in the last 30 days.

    bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.

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  • h1bdude1
    03-23 02:00 PM
    I also read somwhere that if you are not sure regarding your A#, then you can also leave it blank.
    I have one more problem. I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
    will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back).


    I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.

    However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.

    Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.

    Good Luck.

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  • marlon2006
    02-04 09:46 AM
    I pray that the DOS advances the cut-off dates and get my I-485 approved by March - because I don't get excited at all by these immigration reform bills. There are 12-25 million illegal aliens in this country. 10,000+ crosses the border on daily basis.
    I predict that the USCIS will be very, very busy processing guest-worker permits for all those people and my I-485 process would be put on hold again.

    Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.

    The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.

    U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.

    He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.

    "That should be done by, I hope, the end of April," Cannon said.

    His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.

    "The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."

    His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.

    Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?

    Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.

    He said the will in the U.S. House is to give states more discretion


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  • Charles H. Kuck
    12-16 02:16 PM
    File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.

    Best regards,

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  • gemini23
    11-19 09:57 AM
    Thanks for above posters.

    As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.

    In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.


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  • pagalForGC
    06-17 03:54 PM
    Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?


    As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

    The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

    After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

    Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.

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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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  • northstar1
    07-26 10:59 AM
    My company attorneys are in the process of filing my AOS application per the July bulletin. I have an approved labor certification and an approved I-140. Turns out due to internal restructuring a new legal vehicle was created under the existing company and groups re-aligned. Job function and location haven't changed.

    The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.

    My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.

    I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.

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  • shensh
    02-15 09:43 AM
    In order to apply under EB1, she must be L1-A holder which means her positions before/after the internal transfer are at executive or managerial level (some companies are very strict on their definition of "executive" level, usually not for someone with 3 years experience). Otherwise she can only get L1-B for skilled worker which is not qualified for EB1.
    Her best bet is to apply for H1-B, the fact that her husband is GC holder does not matter to her H1-B application as long as her employer gets her H1-B quota and 797.


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  • techbuyer77
    07-05 11:40 AM
    What About Eb3 Row?

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  • gonecrazyonh4
    07-20 12:20 PM
    Has anyone in this forum tried to apply for teacher certification while on H4 status?

    If so how did you finance your teacher preparation program fees?

    Are we eligible for any loan while on H4 status or is a Visa status change to F1 required for loan eligibility?

    Please respond if any of you have any information on these process.


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  • skarthy
    07-17 07:42 AM
    Hi all,
    It seems the FP notice comes in 10 to 15 day usually. I haven't gotten mine after 3 weeks. Is there a time period after which that I have to worry about the FP?

    I got my receipt and credit card - money withdrawn.


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  • amitga
    10-01 12:38 PM
    When will newly elected Congress start the new session?


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  • a_yaja
    01-16 09:27 AM

    I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.

    As I am on job at present, I can not produce any client letter at consulate in case if they ask.

    Will there be any issues which I may come across, please help me if you have any experiences.

    thanks in advance.

    It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
    I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.

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  • ksnewyork
    07-17 06:35 PM
    not as long as I see it on USCIS website..
    Thisis Murthy website...

    It is on the uscis website under August bulletin.


    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn. "


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  • girishvar
    08-15 12:09 PM
    You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.

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  • sunny1000
    11-26 06:01 PM
    Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!

    Gurus please give your thoughts.


    What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.

    But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.

    You may also want to post your query at www.immigrationportal.com

    In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.

    Disclaimer: this is not legal advice.

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  • coopheal
    10-09 10:57 PM
    I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.

    The reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)

    04-28 04:47 PM
    I changed it, but all it does for me is reload the page (???).

    03-18 09:14 AM
    Thank you so much piyu. I greatly appreciate your response.