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  • bhasky25
    10-11 12:45 PM
    Hello guys,

    I need a clarification on the process. Here is my scenario

    1. PD : Feb 2004 EB3 India
    2. 485 : Filed during july 2007
    3. 140 : Approved on jan 2009 --> Revoked by my previous company on 12/23/2009
    4. AC21 : Used AC21 to change jobs in Feb 2009. Transferred job using H1B tranfer and got it for 3 years(valid until Jan 2012). Changed jobs after 500 days of applying 485.
    5. EAD and Ap is not valid(did not renew it as I chose to maintain H1b). I let it expire in 2008.
    6. The new company would not file for EB2 as my current job description does not qualify for EB2. They are willing to refile EB3 petition. I was not interested in doing it.

    My question is:

    If I want to get my H1b renewed again @ Jan 2012, it is possible to get it renewed for 3 years by using my previous 140 approval even though it is revoked by my previous employer ?? If that is not possible, what are my options to maintain my H1B.

    Appreciate your insight.





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  • CaliGC
    06-15 04:12 PM
    Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
    Hi RLNY122004

    Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.

    1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?

    2. Did you speak on the phone?

    3. When was your name check cleared?

    4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?

    5. Was your I-485 case trasnferred to Texas/Nebraska recently?

    I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.

    TIA





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  • joydiptac
    06-21 01:48 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.





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  • Soltan
    05-05 06:46 PM
    I think there's some nuance to this. You don't lose your PD if the company revokes your I-140, but you do lose your PD if USCIS revokes your I-140 due to fraud.

    Hey guys, digging up a little old topic but I have a question regarding the same.

    I was with my previous company for 4 years and had my i140 approved. Then I had to transfer to a different company due to most in humane behavior by them. They never gave me a copy of the i140 with repeated requests.

    But I do have the receipt and receipt number and I can check online that it is approved. So next time when the time is right for 485 etc, can I just use the old i140 receipt and print out of the approval (from uscis site)? Will the receipt and the approval print out work to PORT my PD?

    Please please reply.



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  • add78
    06-11 08:56 AM
    This is a first step in the full reinstatement of PP for 140. As USCIS has said before, due to the immense backlog they cannot adjudicate all 140 PPs in the 15-day window but they are in need of the extra $1500 that PP fetches them. This will enable them to get a little more $$ for a relatively smaller 140 cases upgraded to PP which they could adjudicate in 15 days. It also alleviates the stranded folks who could not extend H-1 if Perm was <365 and 140 pending. Let us see in time (a few months at least) how much backlog is cleared as USCIS diverts more resources to 140 cases.





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  • chanduv23
    10-09 10:35 AM
    ^^^^^^^^^^^^



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  • RLNY122004
    06-15 04:23 PM
    see the reply
    Hi RLNY122004

    Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.

    1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
    --- Please see my signature for details. My case was transfered to local office and we were interviwed last year. I took infopass last week went to district office and they told me that FP is expired and will have to take new FP. I gace FP last week and went back again today to findout the status , officer told em everything is okay and she is approving the case. She requested the visa numbers and took our I94.

    2. Did you speak on the phone?
    --- see 1
    3. When was your name check cleared?
    --- last year when I went for interview i asked officer and she said its cleared.4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
    --- last one on 06/07/2007 was 10 fingers.
    5. Was your I-485 case trasnferred to Texas/Nebraska recently?
    --- see 1
    I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
    --- I got to go now, I will try to come back online later in the night and answer your questions.TIA





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  • immique
    07-03 01:50 AM
    H1B transfer pending & going out of US for 3 days.

    My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

    I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

    Should I tell that I have joined new employer or should I not?
    My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

    I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

    Please help by throwing out your thoughts/past experience/knowledge base in this area.

    Thanks
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.



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  • TEKNMEK
    02-10 12:55 AM
    Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.

    Thanks





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  • saarejahanseaccha
    07-29 04:19 PM
    ags123, not to alarm you, but is it possible to apply now for your wife? Since you already got your 485 approved and crossed the proverbial line into the gc land.

    Yes, spouse can be added within 180 days of the the primary applicant's 485 was approval, if marriage happened before primary applicants 485 approval.



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  • django.stone
    01-25 07:49 PM
    Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...

    More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)

    With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(





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  • bfadlia
    05-26 12:52 PM
    I was in the same situation last month. I live in minnesota had 485 receipt from july 2007, EAD for myself but no EAD for wife, so i wished the 485 will do. DMV said the same crap that since 485 has no expiration date, they only accept 485 that is not older than 6 months old (with the wild assumption that any 485 is approved or denied within 6 months). I got infopass appointment with USCIS, got letter that my case is still pending, and they laughed in DMV saying they know my case is still pending, they have some kind of access to USCIS database. After a lot of arguing and going up to managers in DMV, they agreed to give me and wife 6 months driving license and told me you have to find another immigration document next time (meaning apply for EAD for urself and wife)

    Sorry if this does not help you much.




    Which DMV did you go to? My wife and son's H4's are expiring on June 4th and have pending I 485 since July 2007. They are not renewing the DL's based on the pending receipt of I 485 which they claim to be too old and need a new one.. Tried contacting USCIS but could not get through.. Can you pls. let me know which DMV did you go? How old is your pending I 485 and did you have to get a letter from USCIS? If yes, then how did u reach them and if you have any phone number for them..

    Pls. advise..

    Best...



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  • baleraosreedhar
    01-08 03:11 PM
    it was in 2006 quota, got her h1 approval document in november, applied in november second week and by dec 2 week got her ssn.

    She was on h4 for the past 3 years and converted to H1 in december officially( as she got her SSN)





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  • saileshdude
    07-26 07:58 PM
    It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try

    Hi Chandu

    Were you able to talk to any good immigration attorney regarding what happens if I-140 is revoked. You can PM me to let me know.

    Thanks.



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  • casinoroyale
    01-07 11:47 AM
    Sorry aps. I corrected the typo above. Please read my post again. I meant to say "after using EAD".





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  • lunar
    07-21 08:38 AM
    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.



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  • wandmaker
    08-06 11:27 AM
    Case Details:
    EB2-I PD: 1/2/06 485@ TSC - MD: 6/30/07 RD: 7/2/07 ND: 10/2/07 AD: 8/6/08
    Directly Filed at TSC, Checks cashed but did not receive physical receipt notice

    Sequence of Emails:
    08/06: CRIS Email, Notice mailed welcoming the new permanent resident
    08/07: Soft LUD
    08/09: Soft LUD
    08/11: Welcome Notice Received via USPS, Post marked 08/08
    08/13: CRIS Email, Card Mailed.
    08/14: Soft LUD
    08/14: Received Cards in the mail, envelope post marked 08/12

    To Whom may have COLTS:
    - Opened SR for receipt notice in Dec 07
    - Feb 08, Received a letter from USCIS stating that they will not be able to generate duplicate notice
    - Feb 08, Called USCIS & referenced duplicate notice letter. IO has told me the name check got cleared on Nov 07.
    - Applied for EAD renewal in 6/08, Received card on 7/08
    - I-140 Soft LUD on 7/13/08
    - No other LUDs, Direct case status change on 8/6/08
    - Made two calls to USCIS one on 12/07 and another on 02/08 and did not make INFOPASS appointment.





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  • logiclife
    05-09 10:34 AM
    Meet-and-greet fellow
    Immigration Voicers

    Some of the Core-group members will be converging in Washington DC on Monday, May 15th. Some of us are flying over the weekend (from Florida, Nevada, Seattle etc) and the ones nearby (NY, NJ, DE, MD) are driving there.

    The core-group would like to meet Immigration Voice volunteers and members in and around the Washington, DC area. We are arranging a get-together dinner event on May 15th in DC Metro area to facilitate this meet and greet, and to have frank conversations with our current and future members.

    You are invited to meet with the core group and network with members, local professionals, and well-wishers of Immigration Voice. Don't lose the fantastic opportunity to learn more about IV's strategy as well as the Capitol Hill meetings first-hand from the core-group.

    Attorney Rajiv Khanna would be joining us for this meeting.

    The event is arranged at a Bombay Palace at a discounted price of $20 per person. Like all the activities and events, the expenses (food, travel etc) will not be reimbursed by IV, and it would be paid out-of-pocket by volunteers, members and all guests.

    If you (your spouse or colleagues at work) would like to join us,

    (1) Please RSVP at the following email addresses with subject "RSVP".
    (2) Include the following: Name, and TOTAL number of people attending - including yourself.
    (3) Children NOT allowed (As this is a professional/organizational event, we advise you not get kids along with you. We apologize for any inconvinience this may cause.)



    Venue

    Bombay Palace
    2020 K St. NW, Washington, DC


    Time

    6:30pm to 9:30pm


    Valet parking available(Free after 5:30 PM)

    Metro directions
    (Easily accessible by metro.)
    Few blocks from the follow. metro stops:
    Farragut North (RED line - Connecticut Avenue and K Street) and
    Farragut West (BLUE and ORANGE lines - 18th and I street)



    RSVP by Friday (05/12) 4:00 p.m.:
    (Please include the total number of people. Children not allowed.)


    jay@immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=jay@immigrationvoice.org)
    info@ immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=info@immigrationvoice.org)





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  • gc_75
    07-17 08:00 PM
    How did you file the AOS with company A when you are not working for that company any more? You need to attach the employment letter from Company A along with I-485 application.

    For applying with Company B, you need to have fresh a PERM Labor approved from Company B.

    Hope this helps.

    I have a unique situation and I would really appreciate if someone can answer.

    My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.

    Please help...:confused:





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    05-16 05:10 PM
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    randomdude
    12-07 12:11 PM
    There is no gain in waiting longer.

    What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.

    As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.

    Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)

    I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?

    I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?

    As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question



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