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GC_1000Watt07-08 12:26 PMPriority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007

I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.

Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?

According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.

Good luck!



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md200308-28 10:34 AMI think doing a business on H1B is legal , But you are not supposed to work for the company.



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fatboysam02-12 08:33 PMThanks for replying, i have some more questions related to this

Lets say my current employer is A and next employer is B

1. Do employers normally revoke I140 when employee leaves ?

2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?

3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?



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sachya08-13 08:31 PMI am posting this on behalf of my cousin who is stuck in India pending stamping. He went to Mumbai consulate for H1 B stamping on Apr 29th. He was asked for further evidence about his employer and his employer's payroll details for all employees etc. After much confusion created by the consulate, the details were provided by his employer and by him (sealed copies) as well. He has visited the consulate 3 times and VFS office couple of times and was told your passport will be returned in couple of days but till date he has not received it.
He also has his AOS application pending with USCIS with his wife as the primary applicant. He has a valid EAD card and AP (which needs renewal). It's been a really long time he had to spend away from his family. He has certain questions he would like to get clarified,

1. How long can it take for 221g pending case to clear? I have submitted my passport to consulate on 10th Jun.
2. Can I write consulate a hand written mail (not an email) asking for passport saying that I want to travel on travel doc as I'm away from my wife for 8,9 months.
3. Can I ask consulate to return my passport without H1 stamping for renewal of Travel Document (AP)?
4. Can I travel on my travel doc (AP) after asking my passport back without any problem at the port of entry?
5. After asking for my passport back will it affect the renewal of my travel document (AP)?

Thanks a lot!

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desi393302-10 10:14 AM.....
My Employer is sure that he gave NO for that question but I am not sure. .....

Why you think that Employer could have answered YES for that question?


.



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rajeevkaza01-17 04:17 PMEvery attorney handles a case in different way. But sure your Bank statement reflecting a direct deposit will be a substitute for your paystub.

good luck.
RK

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baldev.thakur06-24 02:31 PMHi folks
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen



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waitforgc102-26 09:37 PMOnce your H1b application gets selected you cannot work until atleast oct 01 2009 which is usually start date on the approval. the date may not be exactly oct 01 but it will be certainly in that range.

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girijas06-20 11:13 AMModerator,
You can delete this thread. Thank You.



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immig4me06-30 11:07 AMI am on an H-1 and my wife has an H-4 visa.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)

We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?

Thanks in advance.

You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..

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pyrosleepy04-22 01:09 PMI have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.

Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?

It means you are on your way to Greenland very soon!
Good luck



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cagedcactus06-14 09:35 PMMark my words.... President Bush will single handedly make sure to pass the bill as it is.....

No one can stop it.

Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?

Do you know how many people will stop giving a damn, because they just filed their 485 s?
People like me who are result of bad practice employers are still here, and lucky ones will depart.....

We have been dealt a crucial blow here.

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mrsr06-22 10:05 PMwhat if I140 has salary in per hourly, what we should we put there.



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jkamel504-07 04:48 AMHi,
I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.

My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.

As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?

Please advise me if I should stuck with the company lawyer or it does not matter?
Thanks

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permfiling09-27 10:40 PMhi smuggymba,
As your H1 extension is in process you can continue working until you get the approval notice. One you get the approval notice u will have the new I-94 with it which you can attach to the current one in passport and later point u can go for visa stamping.

Take the advise of your attorney as well

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miguy08-27 11:29 AMFriends,
Does anyone know if people who've filed for I-485 can claim unemployment insurance?......The client where I was working cancelled my project due to budget cuts :(....I was wondering if I can claim unemployment till I find a new job. Does any one know any non-desi companies hiring in the Michigan, Ohio, Illinois or Midwest in general?.....I am PMI certified Project Manager with J2EE background. Any prompt help would be highly appreciated.



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new_horizon02-19 01:54 PMIt showed 'Tamil Nadu' on my wife's Appointment letter too, even though she has been a resident in US for last 6 years (also she's originally from Kerala). There was no problem at the interview. So don't worry.



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smartboy7508-05 11:33 AMSome more information on this....I just spoke to another CSR @ NSC and asked her about Extended review....she mentioned that it is a normal process and that they have various agencies involved and that they r waiting for response ...did'nt mention what the agencies are or what is it that they r waiting on....also I asked her if I should take and INFOPASS appointment to find out more....she said that would'nt be of any help cause they will also not be willing to tell me more.....

She said wait for about 90 days and if you still don't here from us ..give us a call and we can then take it from there....

I guess I am going to stop worrying and expecting any results soon...lets just wait and see....

will keep u guys posted...

Cheers



sertasheep04-03 06:08 PMANSWER:
Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).

Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.

In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,

I know this sounds harsh, but thats how it is. Purely my opinion.......





QUESTION:


He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :

When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?



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