Thursday, June 30, 2011

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  • wandmaker
    08-18 08:58 AM
    Hello Gurus,

    Pl guide me and let me know my options for the below scenario...

    1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
    Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.

    2. My spouse : Primary applicant - EB3 (India), December 2003.


    As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)

    My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.

    Thanks in advance

    You cant port because it is different labor of two different people. As far as I know, when the EB2 (India - September 2006), labor date is current, you can file another 485 as primary and your spouse as dependent. Optionally, you can choose to withdraw your previous filings. Hope, this helps. Others can throw some light on this.




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  • sunnymit
    02-22 11:05 AM
    Ok. That makes sense. I will contact the HQ and try to find out the solution. Calling the local SS office doesn't help as the first thing their automated system asks for is SS# for you to move on!




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  • kirupa
    04-22 04:35 PM
    Sorry for the delay in keeping this up-to-date :) I'll have yours added up shortly!




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  • cnachu2
    11-14 03:35 PM
    Hi All,

    I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.

    Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.

    Thanks.



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  • thankgod
    05-13 09:39 AM
    I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?



    Green card application sis always for future employment.

    Happily you can use your 140 and Priority date. No problem.Everything is under control.




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  • mheggade
    07-25 01:47 PM
    add August to this poll



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  • devs
    06-17 11:34 PM
    :confused: hi,

    my receipt number starts from EAC... does that mean my service center is vermont? after i got the below status online i have not recevied any response and my lawyer says he has not received anything.. shall i go ahead and take appointment in August/Sept or should i wait ?
    ------------------------------------------------------------------
    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Approval notice sent.

    On May 24, 2007, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.




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  • LookingForGC
    07-09 01:12 PM
    Thank You! It helps.



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  • hemanth22
    06-25 05:29 PM
    yes, that is correct, i meant can i got for H-1 stamping while 485 is pending
    and ead/ap is approved.
    Again in case the H-1 stamping is denied for any reason , can i come back on AP

    I am a little concerned of H1 stamping being a problem because my case is complicated ,for the years June 2005- June 2006 i dont have a H1 approval from USCIS for the 6th year, This was because the case was stuck in a security check .
    We applied a case again in April 2006 , which was approved on August 2006 ( after the security check has been completed ).

    Regards




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  • sugaur
    10-24 12:11 AM
    I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.

    The guys a communist. " From each according to his capability, to each according to his need". Poor illegals need GC more than we do.



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  • beautifulMind
    04-20 04:10 PM
    You can use your eb3 EAD.

    But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.


    Thanks. I understand the chances are slim but I am willing to take the risk since My company has already gone through the recruitment process...Worst I still going to be on eb3...

    Another question...By moving to a diferentt positon I am invoking AC21 even though it is in the same company...but at the same time I am filing for eb2 where job duties has to be atleast 50% different. This then violates ac21 rules so how come this is allowed. Most people convert from eb3 to eb2 using h1b but I am not sure if it is possible using ead




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  • eeezzz
    07-17 02:12 PM
    Where do you guys see this update? link please. I can't find it anywhere.



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  • newfoundland
    08-24 06:51 AM
    Hi,

    I am from Buffalo, i would like to come .. i am not sure yet.
    how many are coming from buffalo?

    ________----
    EB2-NIW
    PD - March 2003
    i485 RD - august 2003
    CSC to NSC - March, 2007
    waiting for GC




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  • cox
    February 11th, 2005, 11:41 PM
    Well, my eye is initially drawn from top left to bottom right, and then there's nothing to see there. The colors are great, and the exposure is good. It's great when you get the sun's disk just so, and the clouds are really nicely lit... But I have to say the composition doesn't work with the sun down there in the corner, IMHO.



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  • thomachan72
    05-17 11:10 AM
    GREEEEEAAAT NEWS. THESE ABUSERS NEEED TO BE BROUGHT INTO LIGHT. However, I feel they should increase the cap based on marked requirement. If one qualified person is recruited properly (following required advt), has the proper qualifications, and is proposed to be paid adequately----MY friends in senate and wherever--WHY SHOULD THERE BE A CAP RESTRICTING SUCH A WORKER???? Take away the cap completely and scruitinize the applications / employers more stringently. This stupid cap gives the USCIS / govt a false sence of security that everybody coming through is qualified and good. Once the cap goes, each application would be scruitinized better.




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  • ajju
    08-23 02:09 PM
    AR-11 is filed manually and mailed. Everyone will use 41 cents stamp.. No way to track it if its really done or not.. Its in your interest only if you've pending applciation where you expect any replies to your address...



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  • freddyCR
    February 1st, 2005, 07:44 AM
    ........ Do I see Juan Valdez and his mule in one of the shots? ........

    Juan Valdez drinks Costa Rican coffee.......:D




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  • dohko
    04-07 09:59 AM
    How long will it take to get a green card in this category with a PD in 2008?
    Will it be better to find another Job and go EB2? My H1b started in Oct 2007.




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  • svam77
    12-04 06:49 PM
    Thanks !! My 140 is indeed pending. But I dont have plans to move to EAD now. I am moving to EAD only after my 140 is approved.




    loudoggs
    10-27 12:16 AM
    I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.




    andycool
    01-20 01:00 PM
    I had my H1b till Nov 16, 2010 with Company1

    Company2 applied for H1b transfer and it was approved as of Nov 08, 2010 ( but we didn't get any notification about it it's approval until few weeks later)

    Company1 filed for H1b extension on Nov 10, 2010

    I properly resigned Company1 on Nov 30, 2010 and started working with Company2 on Dec 1, 2010

    Somehow Company1 didn't terminate my H1b extension and it got approved as of Jan 18, 2011.

    1) Which status am I in? What decides my status?
    2) Can I continue working for Company2 without any problems? Has this new approval put my transfer in jeopardy?
    3) Do I need to update Company2 about Company1's extension approval?
    4) Do I need to leave the Country to do any stamping?

    Please help!!

    You can have multiple H1B visas at a time ...no problem..... both your H1B's are valid
    you can work for both employers at a time if you can :)

    Thanks



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