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  • crazyghoda
    01-15 11:19 AM
    No one cares how you exit. A lesser known fact is that most Mexicans who are here illegally catch a regular commercial flight when they visit their homes in Mexico.

    Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.

    Regards,

    Ravi




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  • Raj_2009
    01-14 07:50 PM
    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in a senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for the same job that moved in to the new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in the senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for this new Job in this new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj




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  • JunRN
    12-18 02:49 PM
    Chumki, although it is not required by law, there is a risk of not filing a memo. That is why I am saying it's your decision. Are you taking the risk or not?

    You don't "have to", right! But are you willing to take the risk?

    In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.

    USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.




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  • nefrateedi
    08-09 11:46 AM
    Have you put a last date for cashing, on your check?? I just want to know how to do it?
    Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
    Thanks for your wisdom and help to the IV community.

    I believe August 17th was mentioned in his/her post because that is the last day USCIS will accept employment based applications as per the revised July visa bulletin. It does not have anything to do with a date on the check.



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  • JazzByTheBay
    09-14 10:06 AM
    http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg

    SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))

    http://images.jupiterimages.com/common/detail/20/99/22609920.jpg

    cheers, and see ya'll in DC!
    jazz




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  • a_yaja
    10-07 02:53 PM
    Thanks for you reply.

    My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?

    You don't need a new I-94. Since you have filed your I-485 petition, as InTheMoment said, you are in a "Period of Stay Authorized by the Secretary of Homeland Security". You do need an AP though if you intend to travel outside the country and enter the US (assuming that you do not file for a new H1). If you travel outside the US without an AP and without an approved H1B, then your AOS application would be deemed to have been abandoned.



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  • puskeygadha
    06-04 09:49 AM
    it will take 5-6 months from now atleast




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  • kevinkris
    01-11 02:00 PM
    Hi,

    Thanks for this service.
    I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.

    Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.

    Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
    Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.

    If i use EAD and if my I-485 has any issues, what will be my status?

    Thanks for your help.



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  • statuslaw
    01-31 01:28 PM
    This is my first H1-b. My interview was on Jan. 4, 2008 in Toronto and got 221g for administrative review. I faxed my research description the VO requested to US consulate in Toronto on Jan. 7, 2008, got the check finished email today. I keep calling DOS for my status during the waiting time. It may work for my case. It is really a pain time. Good luck to you.



    Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
    Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.

    If you like you can send me a private message. Thank you very much in advance for your feedback.




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  • eb3retro
    02-27 03:03 PM
    I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..

    and for god sake, please update your profile.



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  • freakin_gc
    11-14 03:19 PM
    I dont have any hope that I will be receiving GC soon...my I-140 is still pending at NSC and unfortunately I'm from India ;(

    PD AUG 2004(EB3)
    140 Pending RD June 26th, 2007
    485 Pending RD Aug 13, 2007
    EAD APPROVED Oct 26, 2007
    FP DONE SEPT Oct 20, 2007
    AP APPROVED Nov 2, 2007




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  • rani77
    02-06 12:03 PM
    Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?

    Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.

    Can somebody please help!

    Thanks in advace.!

    What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.



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  • saurin
    02-08 04:32 PM
    I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
    I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
    But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.

    So which is better, LOA or termination of job? Hard choice..




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  • larmani
    08-13 11:35 PM
    I am also in the same boat.

    I have an earlier approved I-140 from my previous company (PD : 30 Nov 2005). In addition, I also have an approved I-140 from my current company (PD: 27 March 2007). However, my latest I-140 still shows the priority
    date of 27 March, 2007. As My old priority date is current, my attorney sent a letter to TSC requesting for recapture of my previous priority date. But, TSC sent a reply back saying that we should contact National
    Service Center. HUG..!!

    Did any one in the similar situation? How did you resolve?


    Appreciate your help.



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  • Junky
    09-10 08:17 AM
    Please call congressmen to support HR5882.

    Elton Gallegly (R-Calif.)202- 225-5811
    Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
    Dan Lungren (R-Calif.)202- 225-5716
    Brad Sherman (D-Calif.) 202-225-5911
    Adam B. Schiff (D-Calif.)202- 225-4176
    Rick Boucher (D-Va.) 202-225-3861
    Robert C. Scott (D-Va.) (202) 225-8351
    Bob Goodlatte (R-Va.)202- 225-5431
    J. Randy Forbes (R-Va.)202- 225-6365
    Tom Feeney (R-Fla.) 202-225-2706
    Ric Keller (R-Fla.)202- 225-2176
    Louie Gohmert (R-Texas) 202-225-3035
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236
    Jim Jordan (R-Ohio) 202-225-2676
    Betty Sutton (D-Ohio) 202-225-3401
    Chris Cannon (R-Utah)202- 225-7751
    Steve Chabot (R-Ohio) 202-225-2216
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Trent Franks (R-Ariz.)202- 225-4576
    Luis Gutierrez (D-Ill.)202- 225-8203
    Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
    Mike Pence (R-Ind.) 202-225-3021
    Howard L. Berman (D-Calif.) 202-225-4695
    Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
    Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
    Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
    Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
    Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
    Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
    Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
    Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
    Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
    Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
    Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
    Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
    Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)

    My apologies for re-posting...
    but looks like we are all late... in the GC waiting game:rolleyes:
    Hard to remain hopeful




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  • Refugee_New
    08-02 12:23 PM
    My PD is Feb 2002, EB2 and 485 ND: 06/15/2007

    I renewed my EAD last month believing that it may trigger GC approval.
    Today i received my EAD renewal for 2 years. Expiry date is July 25, 2010

    Having oldest PD and receiving 2 yrs EAD, is it a good sign or bad? Please let me know.

    Thanks



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  • nogc_noproblem
    06-27 01:47 PM
    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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  • sathishav
    02-21 02:11 PM
    The timing also depends on which country you belong to. Fill out he profile as much as possible. That helps a bit.




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  • stxvr
    07-09 11:25 AM
    "Desi3933- For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location."

    1. From where you found this 50 mile rule. Are you sure about this?
    2. If you have worked on 2 LCAs (1 used for the 1 time 1HB, another during the extension), then in that case they look into the latest (used for extension) OR they look into both?




    agt
    05-23 08:21 PM
    can you pls reveal the name of your employer?
    Thanks for your Reply.
    Right now I am planning to lodge a complaint to DOL against this body shopper.
    The problem is that in the past no one dared to file a complaint and thats why now it becomes his habit to threat every one for lay off and sending to India and exploiting the
    H1B visa holder.




    mvsreddy
    11-06 05:15 PM
    Me too in same boat. At NSC, RD - 7/30, ND - 8/31, PD - 04/2007, EADs rcvd by 10/10 and waiting for APs. No LUDs after FP(9/28) on APs or 485s. LUD still shows 9/5 only. Any idea where is Nebraska now in processing APs???



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