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  • brb2
    09-21 09:37 PM
    Any time of the day there are more "guests" logged on than members. Making all the forums "members only" will double the membership right away:)





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  • like_watching_paint_dry
    02-27 07:43 AM
    Congrats!! And 6 months more of working for a bad employer is a small price to pay in the big picture. And there are lots of creative ways to kill 180 days. Cut your productivity and actively engage in finding a good job... take paternity vacations etc.





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  • xu1
    07-28 05:44 AM
    Hi everyone,

    I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

    A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

    Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

    Thanks
    Murthy's most recent newsletter (available on their homepage) mentioned how I140 premium processing would enable one in your situation to extend their h1b beyond six years.





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  • GCplease
    07-30 09:16 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.

    These are just my views. Please do not take them as is. Check with an attorney.

    1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.

    2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him

    3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.

    4. 2 weeks without a job may not be that big of an issue.


    Again, these are my personal views. Your attorney can explain things much more concretely.

    Good luck.



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  • STAmisha
    06-19 03:50 PM
    Lawyers office is in Atlanta. So you think I can get it in 2 weeks?





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  • walking_dude
    11-06 10:20 AM
    Members from MI, please join your state chapter.

    Thank You.



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  • karthikgk
    10-19 07:13 PM
    Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".

    I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.

    I will update once i get more clarification.

    Hello,

    Looks like probably me and my wife will end up in a situation with an expired EAD - we did receive a receipt of our renewal application.

    What did you guys do? Did you continue working after the EAD expired? Or take a temporary break? Or did u luck out and got ur EAD just in time?

    Any help/suggestion/advise is much appreciated - as you may imagine, I am worried sick





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  • gotgc?
    02-04 09:52 AM
    My wife was allowed to travel on BA when she went from US to India. But when we were returning to US, the ticketing agent in India would not issue bording pass because Canadian PR can only be used if you are travelling to Canada and NOT to USA. The ticketing manager even called someone in London Airport to get the confirmation and after that they just denied my request even after showing the document that says Canada PR issues after Apr 2005 does not require transit visa.

    I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.

    Thanks deba and kk_kk...for sharing your expereince...based on what you guys say, the cheap deal i get with BA is not worth taking this risk. I am giving up on London transit..i will take Lufthansa or pacific route....thanks a lot again....



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  • cool_desi_gc
    09-28 07:18 PM
    My name(s) were mispeld as well...My lawyer talked to USCIS and sorted it out.





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  • wandmaker
    01-02 06:58 PM
    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

    If each and every registered member supports IV with money, time or both then you will be able to file in 3/4 years otherwise 2025. Contributing money is most important task to start with



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  • av2307
    09-03 03:18 PM
    By the way - harrdr , I'm exactly in the same situation - PD May '08 , I-140 approved and i have a very enticing full time offer from a Major financial firm. But i don't want to jeopardize my chances to get a GC in the next couple of yrs ( given that EB2 dates have moved forward substantially last month).

    Please keep me in loop in case you find anything else about the situation. I'll do the same.

    TIA
    -A





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  • wc_user
    07-30 07:56 PM
    All,

    Any idea on how far the EB3-India PD will go between Oct 2009 and Sept 2010 ?



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  • yabayaba
    11-17 01:07 PM
    Could you update your profile?





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  • rajasaab
    10-25 09:21 AM
    i think your best bet is to get an Indian Visa for your kid...the PIO card takes atleast 45 business days and the OCI takes almost 20 weeks!! I just applied for the PIO card for my daughter last friday at the DC consulate and they said it will be 45 days. BTW..thats not consulate dependent - the website also says that 45 days is the processing time.

    also.. the US passport took 4-6 weeks (normal processing) you can pay extra and get it expedited.

    Keep in mind that when you apply for the PIO card they will take the original US passport so incase you change your mind later and want to apply for a Visa you wont be able to!!



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  • sathyaraj
    12-17 03:57 PM
    Identify what is the job code in your LC and try to compare the new job duties in the similar category. If you happen to fall within the same group then you are fine. like within 15.****


    http://online.onetcenter.org/link/summary/15-1051.00

    Try to identify the job code of ur new job, then you will be able to compare.

    Hire an attorney before taking any major descisions.





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  • rrajasekar
    08-04 09:06 AM
    Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".

    I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.

    I will update once i get more clarification.



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  • psaxena
    11-05 06:09 PM
    Mine is exactly the same case as yours. I applied under EB3 for that reason.
    You do not qualify for EB2 this way, give up that I-140 and apply a new one under EB3.

    Guys,

    I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

    Guys please share your experience with me since its important for me to get I-140 approve for future growth.

    Thanks





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  • wei
    04-18 01:18 PM
    Your lawyer should check with DOL after 90 days(from submission). I requested my lawyer did such thing and got response from DOL for RFE. One month later, I got approval notice.





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  • forever_waiting
    04-07 08:35 PM
    its more important to talk sense on the forums especially after 150 of us members having met 300 lawmaker offices on april 4th and 5th. Several of those staffers might visit these forums expecting logical and sane debates instead of petty fights.





    lskreddy
    06-10 07:56 PM
    Well, at least someone will benefit out of this.

    I hope this is a precursor to something more broader..





    gc_75
    07-17 07:45 PM
    I think if they did not get the interview already, they will need to wait until the dates become current again. If they have interview scheduled in July, they can go a head and attend the interview and get the GC.

    While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?



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