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  • cloud 9
    06-16 06:30 PM
    If you do take FOIA route, it will take at least 8-10 months to get the documents. So, better do it ASAP.




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  • dilbert_cal
    03-12 01:08 PM
    Just make the switch,,thats it! Its that simple!! Make sure when u join the new company they file your perm asap and when u r in the 140 stage, you could work with your lawyer to port your old PD. AC21 has made life better!


    There are two ways :-

    a) Get your H1 transferred and join a new company. You need to complete your new PERM and I-140 before Mar'08 to get your next extension. In this case, you cannot carry over your PD.

    b) Wait for your I-140 to be approved. Once it is there, move on, and file your PERM/I-140. You should be able to get your next extension based on the approved I-140 unless it is revoked. Also, you can start your PERM in parallel while waiting for I-140. You can speed up your I-140 by moving it to PREMIUM processing - it involves another 1000 $ of cost. This way you can carry on your PD if you can get a copy of the I-140 when you leave.

    There would be other ways too - folks here can enlighten you on the same and if there are any corrections in what I suggested you, they would gladly do it.




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  • Jagadish1978
    07-19 07:56 PM
    I have these below queries on Green card processing

    My Green card processing background
    My labor and I140 are approved and have priority date of May 2006 under EB3 category.

    The reason for these questions is that I am planning to change the company that I am working with.

    Questions.
    1. Can I port the priority date (March 2006) when applying for new green card with new employer.
    2. If possible to port the priority date can I apply under EB2 category assuming all other criteria satisfy for EB2 category and use the same (May 2006) priority date.




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  • gcpool
    07-14 01:58 PM
    Your priority date is not yet current. It will be in August.

    Also you need to prove that you have exhausted all ways to get it adjudicated.

    InfoPass - Eitherway its useless
    Approaching your senator.

    If none of these work then you apply for WOM
    Otherwise your case will be weak and be thrown out



    HI Gurus,

    I need advice from you guys,

    My priority date is June 2005 (EB2) and my I-485 receipt date is July 7th 2007 at TSC

    My questions regarding Writ of Mandamus are
    1. Would I be qualified to file for Writ of Mandamus (WOM)?
    2. If I am qualified, would it be of any benefit for me to file WOM based on my criteria as
    detailed above?

    Thanks a lot.



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  • achu
    05-06 08:33 PM
    I had similar situation few years back after my I-140 approved, but before applying I-485.

    As long as your job title, description and place of work won't change, then you are ok. When you apply I485 or H1B ext, then your attorney must submit a document (successor of interest or similar document), telling that your role and place don't change.




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  • nagu
    02-26 09:57 PM
    you mean Ron Gotcher. I approached today and he said no. But i did not mention about MTA/MTR option.



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  • Rocky4884
    05-26 02:45 PM
    Hello,

    Last week i received RFE for my wife's father's name. The name on birth certificate is different from school leaving & other docs. I'm trying to get it corrected from Mumbai.
    I beleive if i get a correct one matching with other docs, i should be ok.

    Another issue, i have is i have rented an apartment under my name close to my work in the same state. All my docs have my home address, my question is will it affect my case if they find another address under my name?? I still have official address as my home everywhere...




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  • anjans
    07-03 08:43 PM
    Hi All,

    Need some piece of advice. My H1B is expiring on 07-15-08, On July 2nd my I-140 was filed in premium processing. My LC is not 365 days old, so i need I-140 to apply for 3 year extension of my H1. Since it takes max of 15 calander days for I-140 to go through it may protentially get approved on July 18th and the approval may arrive in a week after that. Since I dont have a basis for requesting H1 extension , I am wondering how I can stay in status from 15th July till i get I-140 approved.

    Any ideas?

    Appreciate your response.



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  • poarhc
    01-14 04:33 PM
    Here is my situation:

    1) GC process thru company A, I 140 approved,I 485 filed and had valid H1B (expired on 12/28/2009)
    2) Switched to Company B using AC21 and using EAD.
    3) I would like to file H1B also based on previuosly approved 140 thru Company B as a back up since my previous employer going to revoke my 140.

    Since my previous H1B expired few week back,is it posible to file new H1B thru Company B at this point?

    Please advise

    Thanks in advance for all your inputs




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  • sprash
    05-04 08:34 PM
    *bump* ... anybody?



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  • snathan
    05-07 12:12 AM
    Hello all:

    Applied for 140 transfer TSC June 2007. Have not heard anything since, I mean absolutely nothing. Is this due to the backlog?? I am starting to get worried as I checked my status and all it says is, the received date and that when there is update they will let us know.

    Did any of you apply 140 transfer in TSC around that time? Any news on those? Any case that it could've been lost?

    Big question to the experts is, what do I do to make sure they are working on it and my application is in queue.

    TIA!!

    What do you mean by transfer. You can not transfer I140, you can only port the PD.




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  • gevgelija50
    11-01 10:26 AM
    I am currently awaiting approval for my I-485. My priority date is August 2006 and I completed fingerprinting on Oct. 29th.

    I understand the process of allocating green cards based on employment-based category and queuing based on the labor/priority date.

    My question is regarding COUNTRY LIMITS. What role do these limits play in the approval process? To be more specific, if the applicant is from a country that has a very low number of GC requests, does the fulfillment of the country limit take precedence over the priority date/EB category or does it succeed the latter?

    Please help....Thank you



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  • kumar1
    07-09 10:45 AM
    Thank you for your information. Do we need dates eaxactly?

    You can say like....around Oct-15-2007 or so. This letter is on top of Passport, birth certificate and PR card.




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  • dmdrn2829
    10-05 04:25 AM
    Yes, i765 is the EAD card. It will be issues eventhough your i140 is pending.

    question: Can one work for the sponsoring company using the ead even if i140 is still pending?

    thanks.



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  • Pankaj
    09-23 08:16 AM
    your wife should be fine and within status even you changed the job.
    I asked this same question to my lawyer in 2006. we got that its valid.
    You might drop few lines to your company's attorney to find out exact answer.




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  • ravi98
    11-24 12:13 PM
    Ezra Klein - Should states set their own immigration quotas? (http://voices.washingtonpost.com/ezra-klein/2010/11/should_states_set_their_own_im.html)

    The Kauffman Foundation has a report out ranking the "new economy" states. Their methodology "measures the extent to which state economies are knowledge-based, globalized, entrepreneurial, IT-driven and innovation-based � in other words, to what degree state economies� structures and operations match the ideal structure of the New Economy." The winners? Massachusetts, Washington, Maryland, New Jersey and Connecticut. The laggards? Mississippi, West Virginia, Arkansas, Alabama and Wyoming.

    I never really know what to make of reports like this, but one of the metrics is "immigration of knowledge workers," which really isn't under the control of individual states. Visa quotas are set by the federal government. But why? There are a lot of places where a national solution really is best, but that seems particularly untrue in immigration. Detroit, for instance, has a lot of empty houses, a lot of shuttered factories, and a lot of emigration. They could probably use a bunch of immigrants to occupy homes, buy things, and start businesses. Similarly, California has had a pretty good experience with letting highly skilled immigrants start tech firms in the Northern part of the state. Maybe they'd like to let even more of them in to do it. These graphs explain the potential appeal (click for a larger version):

    immigrantbusinesses.jpg

    There are obvious difficulties with having a California visa that doesn't work in Oregon. But we have limited visas now -- think student visas, or temporary agricultural workers -- and we seem to get by all right. Another concern would be that certain states would be overtaken by xenophobia and basically shut off immigration, though Arizona suggests that you can do quite a lot to make immigrants miserable even without changing the number of available visas, and my hunch is that any state that went too far in this direction would face a tremendous outcry from its business community.



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  • little_willy
    08-05 08:28 PM
    My wife recently returned from India and at port of entry, the officer incorrectly wrote the paroled until date as Jul 12, 2010 instead of Jul 12, 2011. The date is incorrect on both I-94 and AP.

    Will this create any issues and how can this be corrected? Her status is AOS pending, she doesn't have a EAD or H-visa

    My wife's AP is valid till Oct 12, 2010. I would appreciate any help

    Thanks a lot!




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  • STAmisha
    08-01 05:22 PM
    Thanks for the information.

    say for eg, there is a $1000 fee for my 485, does this include spouse's 485 also?
    Or I have to pay seperate $1000 for spouse's 485?




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  • rockstart
    09-26 12:16 PM
    HI All,

    My H1 will expire by the end of October and my employer has applied for LCA on First week of Sept and it got denied. (the status on iCert shows as Denied). My employer has sent the FEIN Info and waiting for info from DOL.

    I am not sure how long we will wait for DOL to respond back on this .. Do we need to reapply for LCS as i need to apply for H1-extn before end of October..

    Could Pls some one suggest the best course of action..

    thanks
    mars

    Hang in there it takes 5 working days to get the LCA approved once you send the FEIN details.




    wizpal
    05-02 07:35 PM
    A LCA has to be filed prior to your working at a new location. Make sure to file it ASAP. It's a simple procedure to follow.




    ho_gaya_kaya_?
    11-20 08:41 PM
    Another rule of thumb is that if you do not know whether your date is current or not- then you are probably not current :)
    j/k...



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