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  • dilbert_cal
    04-24 11:39 PM
    If your previous company has closed down, there isnt any way you can port the PD.

    PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.

    Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.




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  • jack_b_uta
    06-21 09:37 AM
    IV core members have been in media MANY times.

    Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.

    None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.

    We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?

    I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
    I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.

    JACK




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  • kaisersose
    02-20 11:17 AM
    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.




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  • gc_kaavaali
    08-08 12:22 AM
    You cannot work on EAD...but if you apply for EAD replacement and if you received receipt, then you can work on receipt for 90 days. Hope this helps.



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  • garybanz
    09-26 02:53 PM
    I filed for AOS in Aug 07, my attorney advised me that we could combine the checks payable to USCIS for family members (EG: in place of one check for my 485 and one more for my wife we could combine both the checks for 485 and issue a single check for twice the amount). Based on the above, i issued 1 check for 485, 1 for EAD, 1 for FP and 1 for AP.

    Now my checks have been cashed and i am able to see the receipt number on the back of the cashed check. I see two receipt numbers on the back of the checks for EAD and AP however i see only 1 receipt number on the back of the check for 485 (and the same number on the back of the check for FP)

    Did any body else also send combined checks? Did you get a single receipt number or multiple numbers?

    Thanks.




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  • brij523
    02-19 12:50 PM
    We got some member for the meeting. We need more. Please join for conf. call.

    Thanks



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  • kaisersose
    07-26 11:14 AM
    I havenot received the I-485 receipt yet , is it mandatory?

    I would think so. Better to wait for a couple of weeks and apply for your EAD along with the 485 receipt.




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  • just_waiting
    10-17 04:08 PM
    Thanks SmartBoy. I agree, I should have looked around. My I-140 is approved so I assume I shouldn't have any problem. Thanks again.



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  • uma001
    07-21 06:33 PM
    Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.


    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?




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  • immi_twinges
    07-09 07:42 AM
    Lets forward this link to DOL ??? How do we do that? Anyone?????????


    http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=75iiC9Gi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x

    the link is too big

    so, go to http://contact-us.state.gov/

    and find the option where u can email them.
    :o



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  • GCHope2011
    11-29 08:21 AM
    Hello ,

    Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.


    My question is , what posibilities are the USCIS can approve or deny my petition?

    Here is the info about the parent company with the us branch :

    Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
    My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.

    I do not carry profesional degrees however i was in the payroll of the company since 1998.
    I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.

    My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.

    Is this sufficient to get an approval? or it can be rejected?
    We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.


    Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?

    Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.

    How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
    L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.

    To do so:
    - A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
    - The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
    - The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
    - The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
    - The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual

    All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle

    So, if your application is very clear cut on all of these points, then at least you might have some chance.

    There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).




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  • zCool
    02-20 09:03 PM
    Just wait it out till you get I140 approved.
    What is the hurry?
    What would happen in another 6-12 months?
    In you case, lets say company B decides to let you go .. then at least you should get them to agree to give support till 140 comes thro'
    Otherwise they will be well within their moral right to withdraw 140 app and then where will you be?

    Why do you want to do it? JUST WAIT IT OUT!



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  • Leo07
    06-15 10:53 AM
    Your employer is NOT supposed to hold back any payments--it's absolutely ILLEGAL. IMHO, your best course of action would be to:
    1. Contact one of the immigration attorneys listed on the top-right corner of this web page and explain your case. In other words, validate your case first.
    2. Check if Your Client is tied to your employer, so, if you quit your employer, you are quitting the client as well?( You should already know the answer to this question)
    3. Depending on answers from 1&2 you can talk to your CLIENT and find a different employer. Your accused employer doesn't have to know any of these points.

    H1 transfer is NOT a menace, it can be done any time. As long as you have a valid client contract/job. If you have NOT filed for GC, there is more reasons for you to transfer.

    H1 Transfer rejecting = H1 Visa rejection? NOT always TRUE...

    Firstly, if you have your papers correct and have a job in hand, your H1 will NOT be rejected. As simple as that.

    Best of Luck!


    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.




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  • eadguru
    11-07 08:43 AM
    I opened Service Request 10 days back, still no luck.
    Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.



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  • hobbyaddict
    November 2nd, 2009, 07:45 PM
    "I am thinking next year I would like one of the broad range zoom lenses, a camera and one lense is a lot easier to carry on a trip. "

    It's about a year... I think I may want a teleconverter /TC-14E (1.4)



    -Ed[/quote]

    Main GC independence factor: AC21 or 180 day test? [Archive] - Immigration Voice

    View Full Version : Main GC independence factor: AC21 or 180 day test?





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  • chi_shark
    05-06 03:03 PM
    Does replying to RFE along with all required documents means GC is coming soon ??

    Augustus..did you get GC yet ?

    Thanks



    yes, it will be in your lap as SOON as your pd becomes current... sorry, it does not mean what we all want it to mean... it could mean that your case gets pre-adjudicated and hence may be quickly approvable once pd is current...



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  • sarasuva
    01-30 12:37 AM
    My employer says that USCIS confused with another employer with the same name who is not funcioning from 2003(Or this guys would have given their old Licence number of 2003 to USCIS while applying I140 which was overlooked by USCIS while approval). On this confusion they 'Intent to revoke'.My employer has sent the current licence they have to USCIS. So we are waiting for the decision. But I did not see the 'Intent to Revoke' letter myself. They are not sending it too. So i am nervous and thinking of other options.

    USCIS site says that additional documents has been received and they will make a decision soon.




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  • gcny2006
    07-11 12:14 AM
    We should better target each and every senators/congress in the judicial panel which oversees immigration with a message and a request to look into VB fiasco and recapturing of EB numbers .

    May be some of those message through flowers / community services in that particular leader district /meeting them with a group of people


    lets not over do it. There is a thin line between it being tolerated and backfiring




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  • bpratap
    02-04 03:36 PM
    My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.

    I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.

    I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.


    its the same co. which filed my I-140 & I-485.




    acecupid
    06-08 11:57 AM
    Ever since they made I-131 online, its always been a mess. The form usually shows an expired date, and there are lot of glitches applying online. I was hoping USCIS would have improved their system by not since its been online for more than a yr now. But I guess just like the backlogged applications everything moves slow in USCIS.
    I prefer to do the paper filing.




    h1techSlave
    03-25 07:36 PM
    I would probably tell them that you want to go to India on an urgent personal reason and get back the passport.

    I am not sure, what other option you have after getting the passport.

    I went to US Consulate Montreal Canada yesterday and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.

    My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.

    Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.

    Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.

    RV



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