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  • indianindian2006
    07-26 11:54 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.
    What is the total number of employes your company.





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  • amsgc
    06-15 12:24 AM
    Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

    Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.

    Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.

    My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.

    Thanks,

    Ams





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  • Macaca
    01-28 09:03 AM
    There is a pledge for $75 and recurring pledges in another forum.





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  • LostInGCProcess
    08-18 07:36 PM
    I thank you all for your encouraging and kind response.
    The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
    My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
    The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
    But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
    So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.

    Thanks again for all your advice.

    Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.



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  • Sunny33
    12-28 02:25 PM
    Some times airline people don't even bother to collect the I94. It happend to me twice and I still have those old I94s. I think they will just collect it if you have it on the passport. They will scan your password for your depature entry which is more important. I think you should have not any problem.





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  • indrachat_75
    02-20 10:19 PM
    It is next week, correct ?

    Indraneel



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  • gcwant
    04-03 06:44 PM
    I am a 2nd july ead filer and my ead expires in month of october 08 i have heard that we have to file 4 months before ,do i have to file 4 months before 2nd july or 4 months before expiry of my 1st EAd which is october 08.
    please advice

    thanks
    gcwant





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  • GCwaitforever
    09-26 10:57 PM
    You need experience letter from employer A. Explain to employer A that you are attempting a switch to EB2 for your own career and if it does not work out, you will stick with theim. Telling lies is not a good idea.



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  • helpful_leo
    02-03 06:42 PM
    spgtopper:

    I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)

    Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)

    I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.





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  • bsbawa10
    05-31 09:13 PM
    One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.

    I would advice you better check in advance as soon as you have job confirmation

    Thanks letstalklc, can you please confirm from your cousin if it is a blanket policy ? i.e. they will not file in eb2 at all ?



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  • gcdreamer05
    12-02 10:31 AM
    Mine is pending in CSC since April 2008. My husband's extension was applied in July, and it came through in September. But mine is delayed like crazy. Processing date last month was June 16 or something. We have filed SR on Oct 28, but there hasnt been any updates until now.

    Bottom line, USCIS=random!


    Could you please share how you filed SR, my h1 extn is pending for 92 days.





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  • ramaonline
    08-28 02:56 PM
    For e-filed I131 this is all you need to mail:

    Confirmation receipt which you got after submitting the application
    copy of i485 Receipt notice
    2 recent color photos
    a copy of any govt issued identity document (visa , pp biographic page, ead card, etc)
    current i94 copy



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  • LostInGCProcess
    08-18 12:00 AM
    Hi All,

    Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
    I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.

    Please let me know.

    Thanks.





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  • vnsriv
    11-14 11:49 AM
    There is no such thing as duplicate EAD. Everytime the EAD is lost, USCIS issues a new EAD with new dates of approval and expiry i.e. they treat it as renwal. If you are not using EAD, don't bother to apply for one. It costs around $300+(i am not sure on this) and needs to be renewed every year.



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  • pagalForGC
    06-17 12:43 PM
    Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
    Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.

    Thanks...

    My PD is nov 2003 and now I am planing to port my EB3 to EB2.
    I need to know the process to do it.
    My previous EB3 is with my old employer.
    My I-140 approved from my old Employer and applied I-485 in july 2007 and
    later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
    now I working 6th year on H1B.
    And Here are the questions, if I file new labor have:
    1). how long will it take to approve?
    and once labor approved, for I-140
    1). Am I eligible for premium process of I-140.





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  • stones
    07-08 05:33 PM
    Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.


    In my Internationa office ther gave me this email

    # On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
    # 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
    # On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
    # On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.

    Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
    make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
    you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
    we recommend that you speak with an immigration attorney immediately to review your options.

    I have attached a list of recommended immigration attorneys.

    If one of the recommended immigration attorneys provides information in regard to your situation that would be
    helpful in our response to the second RFE. Please forward all information by July 20th.

    Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
    H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
    where you will obtain your visa at so we can provide USCIS with this information.



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  • GC08
    08-21 07:34 PM
    Looks like more chaos has come. Nowadays nothing is working properly. How can they allow a 4 month difference in processing I140 between the 2 centers? What happened in NSC? NSC must have won the imcompetence contest among all those agencies. :-)





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  • asphaltcowboy
    05-13 10:53 AM
    cybergold gets my vote, well... he would have, had I got here in time! lol! :beam: well done to everyone, some great entries :smirk:





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  • manderson
    03-05 04:41 PM
    with Hillary winning Texas on the back of Lations and McCain finalizing the nomination, logic says stupidity like this would hurt the GOP. Siskind floated a scenario like that earlier, but if it's supposed to hurt the GOP, why wouldn't the GOP leadership reign in Sessions et. al.? Maybe I am over-analyzing but I saw this a couple of days ago on how Dem leaders may want to go anti also: http://immigrationvoice.org/forum/showpost.php?p=227606&postcount=2049

    oh BTW I agree w/ you that this is going down the drain.

    This is a classic example of election year posturing where republicans want to look tough on immigration. This bill will head straight down the trash.





    Jaime
    05-31 01:43 PM
    I work for a big company and I know where a lot of the H1B people congregate for lunch and I posted the IV poster there





    manderson
    06-14 03:00 PM
    after



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