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fromnaija

11-08 07:55 AM

Your current employer experience has to be prior to your labor filing date (PD). You can not use the experience you got after the filing date.

You can use your experience with current employer if the future job is substantially different than your current job.

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bond65

09-27 01:57 PM

I received my FP notice. My Lawyer also received my FP notice which he mailed it to me. Now I have two copies. Which copy should I carry for my FP appointment? Does it matter?

TIA

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sabudanawada

03-07 12:32 PM

bump

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GCnightmare

08-28 08:58 AM

thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.

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funny

08-13 01:20 PM

Hi,

Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

Thanks

Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.

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GCFrenzy

05-12 09:19 AM

The law in question in Arizona was SB 1070. When it passed, I was an immigrant resident of that state.

When I received my greencard two years ago, I was sent a letter from the Department of Homeland Security -- the same letter that is sent to thousands of new immigrants every week -- from which I quote:

We will soon mail you a new Permanent Resident Card... When you receive your card, you must carry it with you at all times if you are 18 older. It is the law.
Pretty clear.

..................................

Robin Koerner: A Legal Immigrant's Take on Illegal Immigration (http://www.huffingtonpost.com/robin-koerner/a-legal-immigrants-take-o_b_860273.html)

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kaisersose

01-22 04:37 PM

The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.

But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.

===

...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.

===

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GotGoose?

04-24 09:52 PM

Added another that's very simple - looks good :pleased:

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virtual55

05-03 09:01 AM

^

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radhay

01-08 11:44 AM

Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.

At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.

Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.

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martinvisalaw

01-12 02:19 PM

My husband and I are British, not sure if that slows things up or down :)

Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.

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eb3_nepa

02-12 10:46 AM

Hi,

I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?

Thanks

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boreal

06-07 12:43 PM

Nobody knows this obsure group called USELESS ali pac. This group has no influence and it is totally inconsequential. That Green guy is a total jerk and no one cares what he says. We guys pay too much attention to this useless group. On the contrary NumbersUSA is an influencial group and they have paid lobbyist. These type of groups may have some communication between them but they are different groups. I think we should stop advertising/naming this ali group.

I dont like to give them publicity either but i think they cant be brushed off...many many activits there that participate in action items...for eg. look at the number of emails sent to the poor editor that bashed the founder...pretty enthusiastic outburst i would say! 'useless' term can be applied to their activity though..bunch of xenophobic losers targeting poor illegal and not-so-poor legal would-be immigrants and trying to spread false stories...Imagine, once they get wind of this bill, all they would focus is on the word 'exemption' and someone would come up with a cooked number, say a million or so green-cards increase per year and you know where this bill will end up after that.....all too familiar...

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WeShallOvercome

07-18 12:15 PM

Guys,
Is there a chance of USCIS coming back and saying that they will not take applications for I485 after July 31 2007 for whatever crap reason?

Do you think they will do that after all this noise ?

NO WAY !

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ysramu

03-27 10:21 PM

You apply for H1 transfer before you join new company. Once u get the H1 receipt (2 weeks) then u can be in their payroll. Then file for AC21. If all goes well this is my plan in June 08.

My question is my wife has her EAD expiring 10/10/2008, AP on 11/19/08. She wants to travel to india in May and return in november. is it ok if I change employer while she is in india, my concern is when she comes back in november her EAD is expired, will it affect our 485 status?

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db_greencard

08-21 11:09 AM

I saw someone post today with July 19th getting checks encashed.

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das0

12-17 06:36 PM

Thank you.

Somone in the forum said AC21 memo can trigger a RFE, if I was laid off.

So should i take risk to not filing AC-21 or just file AC-21 with the new employment info?

Please advise

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msekhargc

06-20 11:57 PM

Hi Gurus,

My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.

My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.

I got the below RFE from CIS :

The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.

Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.

An acceptable evaluation must:

1) Consider formal education only, not practical training experience
2) did the applicant complete the U.S equivalant of high school before entering college
3) Provide detailed explanation of material evaluated
4) briefly state the qualifications and experience of the evaluator providing the opinion

The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.

Thanks,
Sekhar

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sgorla

01-29 06:37 PM

You should not have any problem at the port of entry as long as you have a valid H1B visa stamp in your passport, and have a new H1B approval notice from the new employer.

Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..

Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?

please let me know what all document etc I should carry during re entry?
appreicated your help.

thanks

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indian111

06-02 05:04 PM

I went by my EAD expiration date and filed both EAD and AP renewals but only after filing , I saw my AP expiry date is mor ethan 120 days away .I am really worried abt this .I received my receipt notices but no birometrics yet.
Have anyone of you guys got other updates ?

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needhelp!

11-06 07:41 PM

What about the 60 000 who are expected to attend diwali mela in dfw.. I am guessing a chunk of them are green card applicants

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