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  • mysticblue
    08-17 01:57 AM
    I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -

    Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.

    Thanks for the valuable inputs.

    Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.

    1. Did you mean that I should resign from B only after getting a transfer receipt from C, or I should resign from B only after getting visa approval from C ?
    2. If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?





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  • kumar1
    06-14 03:03 PM
    God bless Raj. I am not sure if every story ends like this particular one.
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)





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  • snathan
    02-01 09:35 PM
    Q. Who is an optimist?
    A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D

    Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.

    How come a wife can have another wife...:D if you are not aware the OP is a girl.

    You didnt tell which movie cd...?





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  • veni001
    05-13 04:04 PM
    I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.


    Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.

    As per DOL employee should not be involved with this process period.:(



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  • felix31
    01-17 01:43 PM
    Here is what we did..

    It was back in 2000. We filed my husbands taxes as single. Then we filed W7 and mailed it. Some 3 months later I received ITIN. With that we filed amended return adding me and that was it. Everything is straightforward since then.





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  • vikki76
    09-01 02:04 AM
    I was just about to post this article and then saw someone already did this good deed. Apart from core issue of isolation of elderly immigration,this debate between unrestricted family based GC and employment quota will never end.



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  • lost_in_migration
    05-15 12:38 PM
    /\/\





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  • she81
    01-09 03:03 PM
    --LOL! I understand where you are coming from!! However, in reality, EB3's rear got so far up against the brick wall, it can't move back any further. It can only move forward.

    Are there people with EB3 pds in 2000/2001 still waiting in that large number for GCs? I don't think so..

    If not any movement, I won't be surprised. If any, it has to go forward for EB3.

    I know at least 5 colleagues with early-mid 2001 PDs who applied 485 last year. They're still waiting. Admire their patience.



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  • venky08
    07-27 02:52 PM
    Related to the questions on this thread.

    What happens when:
    AOS has been filed and it is more than 180 days AND
    dependent has started working on EAD AND
    primary applicant loses job

    Case 1: primary applicant is also on EAD
    Case 2: primary applicant continues on H1 without using EAD

    Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?

    thanks!
    the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c





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  • go_guy123
    09-25 10:53 AM
    No worries,

    go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

    in the above link go locating the following news line, read and enjoy

    ""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

    Hmmm....more money for USCIS, 2 times filing and double fees.



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  • furiouspride
    01-04 09:43 PM
    Hi Chris,

    I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.

    Thanks in advance

    Next time, instead of digging up a 3 year old thread, try the PM feature :)





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  • mysticblue
    08-17 11:33 PM
    just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.

    But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.

    Thanks. That helped a lot !



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  • vvr
    12-18 08:57 PM
    Pls. send your feedback to letters@mercurynews.com.

    I called them today and cancelled my subscription today after 3 yrs of continued subscription. It's very ironic of mercury news to publish a one sided article against immigrants given their subscriber base.





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  • golf52
    07-25 09:49 PM
    Hello sss9i,

    Have you found an answer to your question? I'm in a very similar
    situation. I've got my I-140 approved (06/30/08), and my I-485
    is pending more than 180 days.

    I'm going through some interviews now (another company) and have
    a good chance to get a very good offer.

    Please reply with your comments.
    Regards,

    golf52



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  • jettu77
    03-31 08:37 AM
    Congratulations!





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  • clear485
    03-27 01:07 PM
    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

    The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

    http://smithgarg.com/article-overcoming-violations.aspx

    Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.

    Above documents are good....but have one concern here....let us assume....

    Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...

    Will it be a problem ?



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  • LCtank
    05-19 01:53 AM
    To be honest I don't like the title, but it's good to have our voices heard loudly, anyway.





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  • mbartosik
    03-28 01:29 PM
    until today my I485 was 60 days outside the processing times.
    Now it is not.
    I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.

    Things that caused Nebraska to move back:

    Transfers from Texas Service Center
    180 day name check rule
    Some categories moving forward in VB, and they had not been doing pre-adjudication.
    They are trying to make processing dates reflect reality (and reduce service requests)

    The only logical thing was to move the processing date back, if only to reduce the service requests coming in.

    I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.

    This is some sign of some LIMITED attempt to process as FIFO for receipt date.





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  • prasadn
    09-10 08:54 PM
    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....

    My current position was advertised as MS with 0 years experience even though I had MS + 4 years experience. However I applied in old labor system (pre-PERM).





    johny120
    08-23 04:11 PM
    Thanks for your reply. I read somewhere that if I have a approved 140 and have already applied for 485 I can only get a 1 year ext on H1 and not 3 year. 3 year H1 ext beyond 6 years isonly for people who are not able to apply for 485 due to retrogression. Is that true? I want to maintain the H1 to be able to easily transfer n case I loose my job.





    sonia_sd
    09-24 03:45 PM
    This is an excellent proposal, can't wait for it to happen. Is this news published somewhere?

    yes, this was a speculation discussed in immigration-law.com check posts you will find it in July/Aug news there.



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