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  • kriskris
    08-22 02:21 PM
    Friends Need Advise Please!

    My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
    My questions here is,
    1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
    2) Would a new I-94 jeopardize my 485.
    3) Is there any relation between H1B extension and 485 receipting.

    Any answers would be greatly appreciated.

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  • a_yaja
    09-14 01:17 PM
    Thanks for your reply.
    For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?

    Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.


    Are you sure that you are EB2 and not EB3? EB3 is not current for ROW (which is your chargeability). If you are EB2, then I am not sure why your attorney did not file I-140 & I-485 together (but since you mentioned you used premium processing - maybe you cannot apply for I-485 till I-140 is approved - I am not sure - just guessing here).

    You really do not need to worry about PD porting if your new I-140 is going to be applied under EB2 category. EB2 is current for ROW. You can take a look at the link provided by bc_rp.

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  • duttasurajit
    10-18 02:22 PM
    I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.

    I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.

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  • newbie2020
    05-30 07:43 AM
    I replied on another Duplicate thread by the author;

    Admins can someone remove the duplicate thread


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  • Project_A
    10-27 10:07 AM
    Thank you.

    If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
    Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?

    Thanks a lot for your kind help.

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  • Anders �stberg
    May 2nd, 2005, 02:38 PM
    Thanks Brent!
    I'll experiment a bit the next time, it's just practice runs so far so I can afford some misses.


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  • rajeshbillabong
    09-24 11:55 AM
    All they said was that you do not have enough ties in India and you will work there.
    It sounds very lame to me.

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  • desi485
    12-21 06:32 PM
    looks like ur first post. Its not advisable to move before 180 days. If at all you have to do it, take your current employer in confidence.


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  • lsuk
    07-21 10:24 PM
    You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.

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  • krishna_2001
    01-13 07:19 PM
    Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

    1. Can I take the new employment without losing the priority dates.
    2. If I lose the priority dates, can I take the employment and start the GC process again??

    Your help is really appreicated to come out of the situation


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  • h1techSlave
    01-08 03:05 PM
    from an old article:

    Here is an outline of my proposal:
    � To be eligible to an H-1B, the employer would be required to have not have laid off Americans
    in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
    � An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
    Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
    employer would have automatic permission to hire the H-1B.
    � The wage paid to an H-1B would be required to be at least the national median for all workers in the
    field, including those with all levels of experience.
    � After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
    of the H-1B who was hired.33
    � The visa would be valid for 3 years. During this time, the worker could move from employer to
    employer at will, providing that each new employer goes through the 30-day ad procedure on the
    DOL database.
    � If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
    worker would be deemed as having proved his/her value to the economy, and would automatically be
    granted permanent-resident (i.e. green card) status.
    � If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
    required to leave the country within 15 days.

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  • Eberth
    10-21 06:26 PM
    how can i do the poofiness??


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  • maddipati1
    01-13 01:31 AM
    see below next to ur Qs.

    Hello Immi Gurus,
    Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?
    NO. ur status is AOS. u can here until a decision is made on ur 485 app

    2) Can they cancel my approved i 140?
    They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
    Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
    normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.

    Thanks so much for all your help, Thanks ...

    All my input is based on what i read on forums. i highly recommend to consult an attorney.

    This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.

    The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.

    also imp is getting an offer letter even for future employment with matching job.

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  • WeShallOvercome
    07-31 12:41 PM
    I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.

    Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.

    You are right but the same condition exists for filing I-485.
    If they allowed you to file I-485, that means they will consider everything else in the same spirit... I'm pretty sure those children will not age out!


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  • amitjoey
    06-17 06:50 PM
    Total Contributions on this thread: $650- I am moving these to the funding thread. Please post your contributions on the funding thread.

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  • rb_248
    01-13 02:21 PM
    you are a selfish person. you do not care about the rest of the iv community.

    these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.

    Let us somehow try and push SKIL bill. It almost got to the floor last time.


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  • aamchimumbai
    05-17 03:11 AM
    How long did i take for you to get the vaccinations ? I mean were you done in a day.


    I just posted another alternative to saving on the vaccines:

    Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)

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  • gultie2k
    07-02 08:41 PM
    Got an online notification today that H1B extension is denied. 3 yr extension filed with 140 approval. Been with same compny for 6 yrs. Never on bench. USCIS didnt provide any details when we called them. Am I out of status from today. Can I still try for a new H1? Ideas please.

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  • skv
    08-30 05:09 PM
    Congratulations, my friend! :)

    08-14 01:05 PM
    It is pure luck. It depends on where your file in the USCIS rack. They will take easy accessible file for approval. No specific criterea. Only thing is your PD must current. They will approve 2006 when 2001 PD still on their shelf.

    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.

    06-25 12:59 PM
    I called AAA. They said its free for Premium members only. I'm Plus member and price is $25 for 6 photos.

    Yep, thats what I paid ;) And while its true that we are spending a lot of money on our GC process, saving a few dollars here or there always helps.

    I hope the members who are indifferent towards saving money on photographs are actively contributing to the IV cause.:p

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