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fromnaija
07-20 11:24 AM
File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.

Caveat: I am not an attorney so ask your lawyer if this is a feasible option.




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08-02 11:39 PM
....bump.....




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Queen Josephine
June 20th, 2005, 02:45 PM
Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!

I'll post it tonight when I get home from work.
EAD Expiring; 245k rule? --- Urgent help! [Archive] - Immigration Voice
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dkumar341
07-08 09:52 AM
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IVFOREVER
03-27 03:49 PM
I will also agree with you "To be positive". But being realistically positive is good and avoids disappointment at the end of the day.
:D:D:D




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mrdelhiite
01-10 01:47 PM
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

Thanks

Can you explain ur case in detail. the part "I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues." is interesting ... did u renew H1 by getting another stamp ... did u change companies on H1 after the AP travel ?
-M


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p.guptapost
06-04 10:09 AM
Hi,

We paper filed thru about company attorney in May 1st week from Texas. Till now no receipt received.
Is there any way I can call USCIS to check status without receipt number in hand? Can they track it via SSN or alien no?

Pl. let me know.




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singhsa3
11-15 09:15 AM
Voting is not enough please post your suggestion also.


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Munna Bhai
07-12 09:48 AM
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.

One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.

Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.




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JSimmivoice
01-22 08:27 PM
Thks for your prompt response snathan, but I've been getting paystub from my new employer Company B (so far I've got 2 paystubs) so in this case I can't possibly getting Pay Stubs from both Company A & B right?


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gjoe
03-10 06:15 AM
Some of you have been receiving the USCIS response about your FOIA request.

(3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

Thanks,
XXXXX

Category, Country of Birth/Nationality should not be optional because this is a very important data which DOS has been using in their killer app to come up with the VISA bulletine every month. This is something they should provide along with the other data you have requested. If officially DHS don't have this information then DOS has to answer an FOIA request to clarify on how they arrive at the magic number in the visa bulletine.




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aranya
07-03 10:26 AM
agree with amsgc regarding H1 "transfer"

AFAIK,
1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
3] Going out of the US while H1 application is pending automatically invalidates the application.

Talk to a lawyer before you go.


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greenguru
04-01 04:11 PM
EB3 Labor
I-140
I-485

Then
EB2 Labor
I-140

Cheers, gG




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WaitingForMyGC
01-09 02:30 PM
It would definately move..but movement would be backward. :-)


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sheela
08-15 05:51 PM
Couldn't resist opening a new thread and sharing this with fellow IVians.

We got our green cards today. It is actually green (in the back).


Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
Congratulation,


You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this




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mk26
03-31 03:29 PM
Thanks all for your help and great inputs. IV has helped me a lot.

I wish you all the best ...

TKs, GG

Hey Congrats..!! don't forget to login IV and let us know the life with GC


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rajenk
07-15 01:53 PM
The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

1. Join the new company (the client of your current company)

2. Have them file labor certification.

3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.

That is all it takes. This is a standard process.

Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

Hope this clears your hold up.

PM me if you need further clarification.

Good luck on your new job.

-Raj:)




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Maverick_2008
04-16 03:51 PM
Is it true even for principal applicant? If 140 is denied, isn't your EAD invalidated? In other words, if 140 (immigration petition) is denied, there is nothing to adjust your status on and so even 485 becomes invalid.

Folks, please enlighten me, if I'm missing anything here.

Maverick_2008



No.

Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.




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Xipe Totec
09-14 04:02 PM
I just _have_ to ask: what game was that?




mattresscoil
12-09 07:58 AM
Hi,

I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?

Thanks
VK
Venkatanathen:

Your previous I140 needs to be approved. If it is pending, I dont think you can port a priority date from it. Again please have this answer qualified by an attorney.




jsb
08-03 10:09 PM
I applied in July, RD Jul 2nd. TSC

Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.

How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?


at 6:32 AM

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