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things2strike

08-20 08:36 PM

Hi Friends,
My maternal uncle filed PR for my parents and the priority date is: 06/24/2002.
The date of approval of I-130: 03/12/2008
My age was 20 years and 5 days as on 06/24/2002. I am currently working in USA on H1B visa. So can I apply for Green card with change of status with my parent's I-130 with Child Status Protection Act?
Thanks,

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gccovet

06-17 04:07 PM

What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)

Thanks

If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.

TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.

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vicks_don

01-23 08:22 AM

You guys are great Leaders...

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kishdam

01-08 12:41 PM

Do we need photo copies (about originals - having original labor is not possible it would have been submitted with I140; most employer keep the original I140 as well). Some companies dont provide copies of labor or I140.

Is it risky to change jobs and invoke AC21 in this situation? (This is the scenario: labor, I140 is approved. I485 is pending for six+ months. EAD and AP are approved and are with cadidate; have six months pay stubs/tax info to prove that have been original labor sponsored employer for six months after filing I485).

Thanks.

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HV000

02-02 03:11 PM

This is one of the political gimmicks employed by the elected reps. during this Election Year!! Ofcourse, citizenship applications represent a vote bank.

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desi485

01-08 12:55 PM

My employer has not provided copy of labor or I-140.

I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?

not having copy of labor or I-140 is an issue for AC21?

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gandalf1234

02-10 03:58 PM

Sharma ji -

I heard 6 mths but there is no written rule .

Please do not hijack my thread .....

This thread is about H1-Extension pending after 485 approval

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rockstart

07-14 08:02 AM

First of all its a law so you need to do it. Secondly its not very difficult a very small form on USCIS website to fill and add your pending cases to it. Will not take more than 5 minutes so just do it. There is nothing to lose by filling it.

Hi Everyone,

Is it really necessary to inform USCIS of change of address.

Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.

Will appreciate your views.

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wandmaker

11-19 09:10 AM

gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee

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Leo07

10-15 03:41 PM

Friends,

I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.

I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.

I appreciate all your comments!

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kart2007

11-18 01:31 PM

I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.

Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).

It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).

Anyone else having issues?

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wandmaker

07-19 03:20 AM

I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay

After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple

I have EAD and AP but wondering why I can not transfer H1B?

+++ When you have an option to move to a new employer on H1B then why not

Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.

+++++ Not true

Somebody else said I can transfer until my 6 year period but not beyond to that?

++++++ Not true, see "++"

Others said no matter what I can transfer my H1b to any employer.

+++++++ True

I am confused, please help.

++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many

Hope this helps :)

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Sreeshankar

01-25 08:43 AM

Hello friends;
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.

Thanks in advance for sharing any information
Venu

Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).

which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)

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desi485

01-08 01:20 PM

If you have the case no. go to online case status and take the print out of approved notice, that should serve you purpose hopefully if you don�t have a original copy

I do have case number for I-140

I also took printout of online approval status using the case status number.

But what about labor cert?

I have no idea what was filed for me? job description or salary req.???

All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)

why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?

Any one has any idea? Any links? Any official link which states that we do need to have photocopies?

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amsgc

09-10 12:08 AM

You should request your new employer to do Premium Processing on your H-1B petition.
You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.

The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.

As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.

The lawyers on this forum can advise you better.

i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)

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akilhere

01-21 12:35 PM

If you do invoke AC-21, you might have problems with your petition as there seems to be a big difference between a Sr. Program Manager and a Programmer Analyst.

However, if i were you, i would still take up the new role and send in the AC21. There is a possibilityt hat they will approve it.

What's the point of a GC if you are locked in on your career growth anyways!?! Remember, these are your most productive years!

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lskreddy

08-14 02:18 PM

I am planning to do that early next year when I go up there for a six week vacation. Thanks for that feedback.

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wandmaker

11-19 09:10 AM

gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee

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irukandji

04-04 11:34 AM

Yes I filed my 485.
Do you have your 140 receipt and please post the status if the status is updated to denied/revoked/withdrawn.
Not sure in your case is luck or is 485 receipt is just enough for unlimited H1B extensions?
What do you think you can get another extension after 3 yrs with the same scenario as you had for this extension?

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spgtopper

02-03 10:16 AM

Helpful_leo

I want to answer to your question (or rather help you to get one)....

just want to make sure we are referring to same link to the PACE bill etc.

Pl. tell me if you are reading from this link
http://www.compete.org/pdf/PACE_section_by_section%20-%20final%20.pdf
or if it is something else pl. post it here.

Also, it would be great if you point me to a specific section of the bill that you are particularly interested in knowing about.

About your other question:
A general answer is: yes, you may contact your own senators, and congressman (as they are most likely to read your mail). However, I must warn you that one person alone doing anything is not going to be that effective. It is much better if you team up with a group like ours (Immigration Voice) to make your voice heard. IV is presently focussing on the comprehensive immigration reform bill, but if you present your case here we'll see if and what can be done.

S.

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delhirocks

07-18 09:49 PM

Nope. My lawyer did a mistake to correct himself he applied though dates were not current.
What do you think now? any suggestion.

I won't be too worried about that, worst case scenario you might get an RFE.

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