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  • meridiani.planum
    12-11 12:26 PM
    Hi Everyone,

    Here is the scenario:

    Category: EB3-INDIA
    PD: APRIL 2004:
    140: Approved.
    485 filed on July 2nd, 2007 (of course, still pending)
    Changed Employer after invoking AC21 (without sending any documentation to USCIS)

    There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.

    Now, here are my question:

    1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?

    2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?

    3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?

    4) Does the scenario look too risky?

    5) Any one in the same boat?

    Thanks in advance.

    dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.

    New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.




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  • viva
    12-17 10:53 PM
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  • harivenkat
    05-05 02:23 PM
    You can own the company while being on H1b, You will need to partner with a CPA and get immigration attorney involved.

    Check this :

    MurthyDotCom : Start-Up Companies (http://www.murthy.com/startup.html)
    I am on H1B, Can i register company and employ an american citizen as the CEO and run a resturant... - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=5374040662&m=1761062081)




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  • thomachan72
    11-05 06:21 AM
    The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o

    Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
    140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
    This is what I get from watching several discussions on various forums. If you have other information please post.



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  • gbof
    02-16 08:48 PM
    Guys, Any idea how much time NSC is taking for EAD approval? This is for a fresh application not renewal.




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  • LostInGCProcess
    11-12 01:28 PM
    Why do we need a transit visa if we are just passing by the airport( I know UK has this rule). Can someone please share if we really need the transit visa. I am travelling on next week to Chennai via Frankfurt.

    If you have a valid (unexpired) US visa and traveling, to OR from US, to any country via Germany, then you DON'T need a transit Visa.

    If you are traveling on AP, you need transit visa via Germany.

    Quote from the German Mission web site:

    Nationals of the following countries are required to be in possession of an airport transit visa when passing through the international transit area of airports in Germany:

    AFGHANISTAN, BANGLADESH, DEMOCRATIC REPUBLIC OF THE CONGO, ERITREA, ETHIOPIA, GHANA, INDIA, IRAN, IRAQ, JORDAN ** (please see below), LEBANON, MYANMAR, NIGERIA, PAKISTAN, SOMALIA, SRI LANKA, SUDAN, SYRIA, TURKEY

    Exceptions: Nationals from the above list are entitled to transit through the international transit zones without an airport transit visa:

    1. If they hold a valid visa for the United States of America
    2. If they return from the USA after having used the visa
    3. If they hold one of the following residence permits:

    * Form I-551 permanent resident card (valid for 2 to 10 years),
    * Form I-551 Alien registration receipt card (valid for 2 to 10 years),
    * Form I-551 Alien registration receipt card (no expiry date),
    * Form I-327 Re-entry document (valid for two years — issued to holders of a I-551),
    * Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees the holder’s return only if his stay outside the USA has not exceeded one year),
    * Permit to re-enter (valid for two years. This document guarantees the holder’s return only if his stay outside the USA has not exceeded two years),
    * Valid temporary residence stamp in a valid passport (valid for one year from the date of issue).



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  • Since1997
    07-18 05:15 PM
    see above
    Thank you...




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  • tabletpc
    08-20 02:30 PM
    Thanks a lot for response guys...

    Looks like i forgot to mention few of my own contraints...

    I do not want to use EAD as i am single and don't want to jeoperdise my spouse visa by loosing my H1b status. So only option for me now is H1b.

    My only concern is what if i lose some pay checks and jeoperdise my immigration history. 90% of my frinds who work with consultant are out of job/looking job..etc. All these makes bit pessimistic....!!!!



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  • ujjvalkoul
    08-21 10:39 AM
    Can moderators setup Web Fax for this?




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  • SmSm
    06-04 08:40 AM
    My PD 15 July 2002 EB3 India and
    I485 Receipt Date May 12, 2004

    Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.

    I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.

    Oh well....

    IV is the only place that is doing a lot to change.
    Keep the good work IV.

    Have donated $200 under my name and $150 under my wife's name to IV



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  • ajain
    05-27 03:10 AM
    hi,

    I am confused about whether to suggest 'member of the professions holding an advance degree" or "an alien of exceptional ability" for my NIW petition. What is the criteria to select one over the other? I have a MS/PhD from a US university. Proving to be exceptional is certainly difficult, but then holding an advanced degree may not be enough of a criteria for a successful petition.

    Thanks.




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  • franklin
    02-12 05:52 PM
    No, experience from current company does not count.

    If you have a masters, and the job requires one, it doesn't matter how much experience you have.

    From Department of State (http://travel.state.gov/visa/immigrants/types/types_1323.html)

    There are two subgroups within this category:

    Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and

    Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.



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  • goel_ar
    01-10 02:08 PM
    As per lawyer, there is a way of doing this using some 'temporary' # by payroll company.
    In my wife's case, her company didn't attempt to approach payroll company. She was paid after she received the SSN.
    Side question, very much related to OP's question.

    How to run the payroll while you still waiting for SSN?

    My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

    I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

    I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

    Thanks




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  • jgh_res
    06-22 11:28 AM
    What do you think? Any guesses?

    Along with the data you entered?? :confused:



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  • stldude
    06-27 03:30 PM
    I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????

    Just got �Card Production Ordered� LUD for EAD for both myself and my wife. Wish it could have happened on the next working day, which is Monday - June 30th, we could have got 2 year EAD, unlucky!!!




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  • swaraj
    11-12 01:07 PM
    Thanks all for your replies.
    Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?



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  • yabadaba
    03-20 03:50 PM
    this guy is trying to take away jobs from Americans and Indians. If people will go on a fast what will happen to the lunch places????




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  • ujjwal_p
    06-05 11:23 PM
    I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.

    Does this mean both the employer and employee get their separate copies of I-140? I assumed only the employer/lawyer gets to have the actual I-140 approval.




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  • dicarol18
    07-27 07:46 PM
    I sent the 140-765-485 on June 30. reached Nebraska on July 2...and I got receipt notice of 140, Does anybody know if I am going to receive Receipt Notices for 765-485 too or I have to let them know that I sent those Forms too????:confused:

    Please, I will wait for an answer...




    gcformeornot
    02-01 08:55 AM
    Hi,
    I came to US on h1b in 2007.
    I got my labor substituted in 2007 in EB3. My priority date is December 2004.
    I got my 140 approved in january 2008. Its been 2 yrs since.
    I dont have EAD.
    I dont know when the date will be current. But the problem is,
    My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
    if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
    How much time its taking now a days to get the Labor and 140 in EB2.
    ANy help and advice in this regards will be very much appreciated
    ak

    so you came to US in 2007 and u substituted labor with PD 2004. how much did you pay for this?




    nivasch
    02-09 02:27 PM
    willgetgc2005

    Check this Out:
    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.
    Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm

    =======================

    Hi,

    I am having issues with my Immigration Attorney. I had asked him to initiate
    enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
    service and not my company.

    In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.

    He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.

    Please suggest.



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