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Munna Bhai
01-09 01:14 PM
Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.

Looks like they may work on May 2007 cases sometime this month occording to NSC progress.

please share your inputs

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01-15 07:13 PM
So If we find a job where they are willing to do H1 then will it be like getting the H1 for first time? part of the yearly quota where H1 starts from October or will it be like just file for H1 and start working with the receipt in hand.

Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?

Thank you.

Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).

Your next H1-B will be considered a new H1-B and not a transfer.

You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.

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02-13 05:19 PM
My PD Jan 2001( I ported PD - NOT SUBSTITUIE). I filed on July 2, 2007 for 485. I don't see any LUD's. Any guess what might be ahppening with my case.


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05-18 08:13 PM
Good job! However, like I and some other people on this forum have mentioned before, there is the need to de-emphasize our course as an Indian course. We know the majority of people in the GC process are of Indian or Chinese origin but we should recognize we need an all-inclusive approach to this struggle.

I clicked on the link and the headline read "Indian immigrants in US raise voices" While I understand that this might have come from the reporters who put togther the news, it is important that the members of IV at the forefront of this campaign and indeed all members on this forum, portray our course as as a high-skilled immigrant course and NOT an Indian or Chinese course.

Just something to think about!


We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.

There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.

See what I said earlier many times, including here:


We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.

One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.



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02-23 09:53 PM
I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...

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05-27 05:12 PM
Thats not right.. I check in here at least once a day. :)
Problem with the poll is that only people with not current PD come here, people with current PD do not come here any longer...


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10-04 03:32 PM
Hi there,

There is premium processing available for 140 but like for everything else that is premium .. u have to pay a premium for it. I believe $1k.

Best of luck.

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05-03 08:18 PM

I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).

It appears on rough estimates :

EB1 - 4000
EB2 - 26000
EB3 - 39000
EB1 - 5500
EB2 - 32000
Eb3 - 36000


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09-26 04:05 PM
Hi All,

NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.


See my signature for NSC timeline for my I485

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05-24 10:17 AM
Does not matter how many points, can u be one of the 6300 ?

The points are not defined well, so do not speculate, it is not abt getting into Wharton / or yale, it takes years to implement a working system, look at Perm, they started in 2001, it took 4 years to implement.


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02-20 06:54 PM
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??

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Michael chertoff
02-19 10:05 AM
Hello, I'm wondering what steps I need to take in order to help my husband become a US resident (eventually a citizen but one step at a time). I have figured out that we need to fill out an I-130 but I keep seeing everyone talk about an I-485 and I'm curious if we need to use that one as well, and how many others???

Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.

I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3

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05-15 02:44 PM
Current Status: H1 (visa stamp expires Sept 2011)
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)

Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).

I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?

Its a emergency travel i cannot avoid. What needs to be done to make my trip

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07-16 10:26 PM
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.

I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?



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02-27 01:51 PM
I don't have any examples of a NOIR based on EB green card holder changing jobs too soon after 485 approval. I however have seen counter examples where a person changed jobs within a month of 485 approval and never had any problems at N-400 as long as they have maintained a good employment history, paid taxes, not committed any crime etc.

This is not to say that you or I or some other Joe wont have any issues, but is a hopeful indicator. It is however best to play it safe unless there's a pretty darn good reason to take up a job change soon after 485 approval.

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08-25 02:25 PM
The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.

This doesn't mean much. The case is still being processed and is not a sign to rejoice or consider that your AC21 request has been accepted. The title isn't a big deal but the job description on labor and new job has to be same or similar.

I would be wary of your switch from a developer to a Manager and that qualifying for a AC21 under same/similar.

Where I work, what a developer does is significantly different than what an Architect or a manager does.


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12-03 06:29 PM
I applied for my green card almost six years back (EB3 Jan 2003) and working with the same employer for more than 7 years on H1B. My 140 was approved in 2007 September. Recently I got a new job with pretty similar title and job descripiton. The job is in a different state . Here is my question...

Is it better to use my EAD (which is valid until October 2010) or do a H1B transfer? In case my current employer withdraw the 140 application ,whether that cause any issues?

Do I need to go back to my current employer once I get my green card?

Is it possible to go back to H1B once I start using EAD?

Appreciate quick responses.....

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06-15 11:09 PM
Passport should be valid for more than 6 months for applying I 485.
If somebody can answer that would begreat

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05-25 03:43 PM
Apply for AP - 350 bucks. If you application is valid - you will get it.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!

This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.

04-22 09:48 AM
Yes to both questions.
Priority date can be retained only after 140 approval.

I have seen PERM applications get approved with multiple locations mentioned.
But it is on a case by case basis. You may need to prove the requirement for multiple location.

Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .

Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?

Thanks a lot!!!!!!!!

09-26 05:14 PM
"Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."

Unintelligent question .
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)

Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ??)

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