Sunday, June 26, 2011

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  • IV_Friend
    03-29 04:39 PM
    Dear Attorney,
    My Brother is working Employer "X" on H1B.
    His employer started his Green Card Processing in 2007.
    His Labor (PD 2007) and 140 are approved by 2008.

    Because of some reasons he had leave the employer "X" and Join Employer "Y".

    Employer Y, willing to start green card process.

    Can my brother use prior Priority Date?

    Please advice. I Appreciate your help.





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  • talash
    12-13 09:19 AM
    I had posted my 485 approval news ealier and it took a whole different direction .Hope for you .My 140 was denied for same reason .It was A2P and company didnt have auditted financial statements and hadnt filed taxes and to make things worse i didnt get (neither atorney) the denail notice till 25th day of denail .We filed MTR and the documents we sent were my w2s.my pay stubs showing that company had been paying me whatwas stated in LS .
    I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
    I found IV very helpfull for finding out how to file n what to send with MTR .
    wish u luck





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  • k_sing
    09-19 01:00 AM
    Unfortunately Bitu72 did not have answer to my specific question, so the question is still Open.
    Any appropriate response is much appreciated !





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  • reddy77
    08-09 08:10 AM
    Even I did the same thing, MY PD was current in July Bulletin, So I applied (Premium processing) for 3 years extension based on approved 140 in Jun 2nd week and got the approval in Jun 3rd week for 3 years ...



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  • buehler
    06-03 02:10 PM
    sta�tis�tics (stə-tĭs'tĭks)
    n.

    (used with a sing. verb) The mathematics of the collection, organization, and interpretation of numerical data, especially the analysis of population characteristics by inference from sampling.
    (used with a pl. verb) Numerical data.http://www.answers.com/statistics&r=67

    I would be astounded if statistics is not considered a STEM major. The only way to know for sure beyond this forum is to check with a lawyer.

    akred,

    I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.





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  • a1b2c3
    12-19 02:09 AM
    These articles are nothing new. Given the current state of affairs, its only to be expected because people like you and me are actually displacing some jobs whether we admit it or not.
    However, what these folks don't seem to get is that outsourcing is a much bigger culprit. And so go after the business owners who outsource to keep businesses profitable and not target a handful of legal immigrants. And legal immigrants are not responsible for the housing mess! Go after the loan defaulters. Catch the greedy banks who dished out bad loans!!

    The unemployment numbers are very high and its spoiling people's holiday season and also their moods. A lot of American citizens don't have a choice to work anywhere else. That clouds their judgement and makes them irrational.Please try to understand the opposite point of view and just ignore these articles instead of starting threads on IV.



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  • small2006
    08-31 10:15 AM
    Looks like this is only for renewals

    A colleague of mine (not India or China) got her EAD card in mail within a month of applying. Her 485 has been pending for more than a year.
    Another friend of mine from India got his approved within 60 days of applying.

    Doesn't all these mean that the interim EAD (or whatever you want to call it) is still possible and we can get it?

    I am confused.





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  • lj_rr
    08-06 12:52 PM
    Congrats.
    Labor filing date(not approval date) is your PD.What was the filing date?

    It is EB2, labor approval date is my PD - No idea, why profile does not show up.



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  • kkmajid
    10-16 01:43 PM
    Hi

    I am currently a masters student in an american university. My
    graduation is in May 2007. I am planning to apply for H1B visa soon
    after.

    1. Assuming that my H1B status is approved and I recieve my H1B papers
    by October, how long should I wait until my employer can file for my
    greencard application?

    2. It is been announced that the premium processing for the labor
    certification is available. This means that there is 2 week decesion
    instead of months like before. Therefore how much would be the time
    from after the application will I be able to change my status from H1B
    to permanent resident and recieve my greencard? Does the premium
    processing shorten the time?

    Kambi





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  • whyregisteration
    12-19 08:39 PM
    Thanks to lazycis for his/her kind information about mutiple 485

    My pending 485 based on approved NIW140 is sleeping at SRC, but EB1-140 was approved in NSC, my living region belongs to NSC, therefore should I submit a relink request to NSC:confused: Any idea? thanks in advance.

    Merry Christmas and Happy New Year to all experts here :):)



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  • chanduv23
    12-25 11:30 AM
    Great Idea!
    I'm thinking of printing some and leaving it in local worship places mostly visited by immigrants(in my case its a hindu temple)

    You can post it on the notice board. Generally temples charge $2 or $5 for putting up a notice.





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  • CADude
    07-27 12:57 PM
    You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D

    But you are correct for RD :)


    I did not think of this. Otherwise I would have written the date in all the forms as 01/01/1995 to make the visa number available to me...:D

    You may write any day, month and year in the forms. USCIS will have the time stamp when a package was actually received.



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  • venkatanathen@yahoo.com
    12-08 03:51 PM
    Hi,

    I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?

    Thanks
    VK





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  • hebron
    04-17 12:15 AM
    Hi Roseball and others, Are you sure about this atatement - "Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension."

    My thought was that 3 year extension based on approved I140 can be applied only if you are with the same employer who filed your labor certification.

    Could you please confirm.

    One of my friends is in the same situation. His 8-th year H1 extension based on aproved labor is expiring in next two months. He has not received his I-140 yet. Now he has received an RFE for his 9-th year H1 and also his I-140. The RFE is big one and is for the employer. Since he has couple of months on his current H1-B What are his options/backup plans (if the RFE response doesn't work)

    1. Would it be possible for a new employer to file his H1 for 9-th year based on approved labor? Since he doesn't have approved I-140, can he still extend his H1 with a new employer?

    2. If the post by Roseball is true, my friend can respond to his I-140 RFE and apply for premium processing and hope that I-140 clears in the next two months and then based on this approval he can get 3 years H1 extension. Could anyone please confirm if this assumption is correct.

    Thanks


    Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....



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  • ChainReaction
    05-04 09:11 AM
    I just sent webfaxes to senators from PA , NY & NJ, with my old address for NY and NJ . I did used the letter on this thread since it covers our issues in a nice layout, with some alteration to it.:)





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  • Pria
    01-02 09:59 AM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria



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  • solaris27
    02-27 08:12 AM
    from approval date





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  • glen
    05-18 01:46 PM
    Absolutely great. Love to be a part of IV.:)





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  • STAmisha
    11-14 05:55 PM
    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain





    chalamurariusa
    04-29 09:28 PM
    Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.





    kaisersose
    07-26 03:25 PM
    To travel out of the US when a 485 is pending,

    1. You should have AP or

    2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt

    So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.



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