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EB-VoiceImmigration

08-01 04:28 AM

In other words, even if your education equates to a US Master's degree, you will not qualify for EB2 classification unless the empolyer can show that the job duties of the position could not be successfully performed by anyone not possessing at least a Master's degree or its equivalent.


People(I'm not talking about thread starter.. but in general) simply think that they can file EB2 as they are over qualified for EB3 or their skills are superior etc. But they forgot the clause that their JOB(or more specifically Job duties) should also qualify for EB2.

Thanks Ruben for information.

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COM:Amber Rose Talks Kanye

martinvisalaw

07-13 05:24 PM

i am on h4 and this was the first time a company filed for my h1b. so would that be ok if company "B" files for my h1b with h1b filed with company "A" is pending with RFE.

Yes. I would refer to Co A's filing in the 2nd one, so that CIS doesn't think you're trying to deceive them or hide anything.

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Amber Rose, who is allegedly

Appu

08-18 04:49 PM

I am hoping someone can shed some light on this situation:

I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.

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2011 COM:Amber Rose Talks Kanye

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frostrated

08-05 03:07 PM

Thanks frostrated. When I said CPT I actually meant STEM Extension (17 month). Anyways, if I don't find employment before my OPT expires, can I go to back to school without an issue? I think I should be okay but I just wanted to make sure. I would appreciate it if I got any input on this matter. I need to double check myself to make sure I'm on a legal status


Yes, you can go back to school. But you also need to find out if you were in violation of your status. On OPT, you cannot stay without working for more than a set period of days.
Though that is rarely enforced, it is good to keep in mind.
You can get an OPT only once per degree level. So, if you got your OPT for a master's level program, you cannot get another OPT for a master's level degree. You can get one for the Phd though. So keep that in mind when you go back to school.

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webm

04-08 10:53 PM

No RFE so far. Like I said all I see is new LUDs and all the online messages on i-485 cases say "case received and pending" on all cases. All cases are at Nebraska.

What is ur PD/EB category?

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Wiz Khalifa was spotted out

sam_i02

09-24 06:56 PM

Peeps -

My self-filed I-485 application (July 2nd) was sent without:
- Medical Exam results
- Employment Verification Letter

I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.

Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?

Thank you
Samir

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kaisersose

07-17 01:28 PM

Not to pressure you or anything, it would be great if you can post what you know....you may not be 100% certain....that is fine.

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snathan

09-01 05:25 PM

Gurus,

I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.

I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.

Thanks.

Are you sure they are asking this question...? Technically there is nothing called 'Transfer'. Its always new H1B sponsor and only you will not be counted against the cap as you are already counted. If you have I140 approved, you should get three extension based on that. Ask them what�s the difference between extension and transfer. I guess their knowledge in immigration is Zippo....take care.

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gcdreamer05

03-11 10:37 PM

Is it out for a while ? hmm

the death occured few days ago , and we have even burnt/buried the dead body and infact all relatives even went back home, now dont ask if there was a death.........:D:D:D

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newyorker123

06-11 09:54 AM

Thanks xlr8r, anybody pls tell me
Did I need to send my FOIA request to the following address apart from National Records Center ?

Customs and Border Protection
Burlington Human Resources Office,
70 Kimball Avenue,
South Burlington, Vermont 05403-6813

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Amber Rose with him.

gc_kaavaali

08-24 10:27 PM

Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.

Hi All,

I lost my renewed EAD. It was approved for 2 years. My license is expiring in SEP 30th. Can I submit AP in DMV for status check. If I applying EAD for lost card, Can I at least submit receipt notice? I dont think I wont get replaced card before SEP 30. Please help me. I am not in H1B status.

thanks

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Wiz Khalifa and Kanye West

mudigondag

01-25 12:19 AM

Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu

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fernandoamat

11-17 09:31 PM

I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?

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InTheMoment

06-15 03:47 PM

How long ago was this approval done and from which service center ?
Also do you remember how long it took for the receipt notice ? I hear for PP services one also get a receipt thro' e-mail if provided by the attorney.

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Pittsburgh rapper Wiz Khalifa

aguy

07-27 05:40 PM

Does it mean that if she graduates before the I-485 is approved, she cannot work? Or can she accept employment on the green card EAD even though the I-140/I-485 are pending. What will be her status during that period?

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raydon

03-06 09:58 PM

Actually I have an L2 not an L1...hence the need of an EAD before the green card...

Now that you have the GC, quit worrying about expired EAD and all that crap. Enjoy the freedom and privileges of green card life. Don't worry about trivial things like EADs now.

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srini1976

03-26 10:41 AM

Just check if the physician fills out the I-693 form without errors and signs it appropriately.

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Macaca

01-12 08:55 PM

The airline persons asked for I-94 when I checked in.

I feel it is safe to turn in both I-94's when you leave, after making a copy. I also feel, it is not a big issue.

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[Legoman]

08-29 06:26 AM

Yeah, you can import eps files and as david said it automatically gives it depth. ignore what I said about the extrusion editor.

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garybanz

08-30 10:10 AM

My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?

One of my friends did this his green card was approved while he was away, he did not face any issues in returning or converting to GC later.

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rajuseattle

08-21 07:53 PM

Can someone please post the link where you get this information?

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images The Gold Coast in May 2009

Gold Coast, Australia

howzatt

12-12 12:53 PM

It looks like we just missed a great opportunity to post a legal immigration question on change.gov. The goods news is that they will roll this out next week. So if you want to submit a question, be ready!...I will be sure to bump this thread..

Go here and type "legal immigration" in the search questions field.

http://change.gov/page/content/20081211_openforquestions

I saw a few questions already posted about legal immigration reform. We should all register and vote for these questions(whenever they roll this out again next week). It takes less than a minute to register. All they ask for is your name, zip code and email address.

Mods, Please discard this if this idea has already been put forward.

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morchu

04-23 03:26 AM

I think I am missing something here. Can't you use the level3 wage listed on your link?

Flcdatacenter mentions that one reason for NA jobzone is that you mentioned a very broad occupation.

Would you be able to use:
http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1031&year=9&source=1
or
http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1021&year=9&source=1

so what do we do now..How can we get the accurate wage

http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2


if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage

O*Net™ JobZone: NA

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ameryki

03-17 04:53 PM

i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.

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ashkam

04-06 07:30 AM

What is so surprising about giving up citizenship of a country you don't live in?

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Blog Feeds

07-13 12:48 PM

AILA Leadership Has Just Posted the Following:


The battle for comprehensive immigration reform is going to be tough as Senate Republicans play politics with the critical immigration issue. The Senate passed its $44.3 billion fiscal 2010 Homeland Security appropriations measure 84-6 last week after three days of debate that differentiated the bill from its House companion on a handful of border security and immigration policies. Unfortunately Senate Republicans used the opportunity to add significant new provisions to the less controversial �extender provisions� including an extension to the Special Immigrant Nonminister Religious Worker Program and the Conrad Waiver Program for Physicians Serving in Underserved Areas. The Senate also included a provision promoted by AILA member Brent Renison to allow the foreign-born widows, children and parents of citizens who have died to retain their legal status to seek citizenship for two years after the death. Senate Appropriations Bill a Mixed Bag of Immigration Provisions (http://www.aila.org/content/default.aspx?docid=29510)

Senate Republicans added a provision to their chamber�s version of the bill (Schumer: Immigration bill to be ready by Labor Day (javascript:simplePopup()


Sen. Schumer the lead Democrat expects to have a bill ready by Labor Day that is more generous to highly skilled immigrant workers than those who are lower skilled and is tough on future waves of illegal immigration."

Even the Homeland Security Department spokesman Matthew Chandler said the Senate endorsement of Vitter's measure prevents real progress on immigration enforcement and is "a reflection of the old administration's strategy: all show, no substance."

In contrast, the Obama administration is trying to implement effective enforcement, he said. "We hope that the smarter strategy will prevail in the end, because the country deserves a system that works," Chandler said. http://www.reuters.com/article/politicsNews/idUSTRE5690F420090710 Reuters: U.S. Senate approves $42.9 billion homeland security bill.


Lets hope only hope the Senate and House conferees remove the fence building and E-Verify proposals that are obstacles to achieving a much needed reform of our immigration laws.https://blogger.googleusercontent.com/tracker/186823568153827945-4551757837994116508?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2009/07/comprehensive-immigration-reform-battle.html)

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immi2006

12-25 02:43 AM

Microsoft OS does not take greater than 2036 for some reason. I am not sure if folks use common sense, it is better for u to follow up to get it corrected, if they used common sense, you will wait AEO or something like next generation dinosaurus age for a GC :-) may be u have a futuristic PD :p

I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.

Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?

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DSLStart

05-23 02:50 PM

What You Told Us About Immigration Reform | The White House (http://www.whitehouse.gov/blog/2011/05/23/what-you-told-us-about-immigration-reform)

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pdakwala

05-27 02:11 PM

Hey Folks,

I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.

The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.

This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.

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Gold Coast Qld. Australia

b3mus3d

11-15 02:34 PM

Love em :love::thumb:

;)Thanks! Hopefully it'll get added to the main page soon.

I've realised how 'old' the whole stamp thing is on Kirupa now, so I'll be visiting the other boards :D

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puddonhead

02-28 02:08 PM

Changing from L1 to H1 has nothing to do with your GC process.

Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.

I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.

Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.

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msgrewal81

06-27 11:41 PM

I am on H1B visa. Can I trade in Forex using FOREX or any other online broker? Also, I need to trade in it multiple times on a single day. That's the nature of this business if you want to make money.

please guide...

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amicable

06-24 01:23 PM

Hi Old Monk and GC.....Thank you for your reply. I am canadian citizen by naturalization. Is it a fast process for naturalization (not by birth) Canadian Citizen too? I havn't applied for I-765. As right now, my husband has no intention me to work in USA. Suppose in future if I decide to work...Can I work once my GC will approve, or do I have to have file I-765 to get permission to work?

Its been only one week, since I have mailed my I-485 to Chicago office. I havn't got my reciept yet. So,will wait for another week or so. As someone said on this forum usually it takes 10 days to get the receipt. My question is once I get my receipt can I apply for Social Security and Driving Licence? Can I leave the country to visit my family back home too? Or do I have to wait untill I get my Permanent residence card? As per GC or lets hope for canadian citizen it takes 6-9 months to approve their case. TIA.

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boris_bord

06-22 03:48 PM

You can find full list of projects I worked on at my site: http://www.eboris.com/projects/

Or look into my resume (attached) for some recent projects.

--
Boris Bord
Sr. Software Engineer
www.eBoris.com (http://www.eboris.com/)
support@eboris.com

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HRPRO

01-24 03:59 PM

If the LCA was filed on 1/18, it should be approved by 1/25 (Now-a-days it takes a week). Have your attorneys expedite the process once they get it and file it before your last day. You should be good.

If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)

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spicy_guy

10-29 05:37 PM

What is I148?:confused:

LOL! Does he mean I-485?

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deba

08-23 04:38 PM

I was told by consulate staff that the PIO card should be endorsed with the new passport # when you renew your foreign passport. I guess if you are traveling with both the old and new passport it should be ok, since they can verify right there. It is also a hassle endorsing the PIO card everytime you renew your passport. If you try to find out from the embassy/consulate ( that itself is a hassle), they will probably try to sell you for an endorsement. I do not know about the fees. I will be surprised if they didn't have one for endorsement.

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Tommy_S

04-09 03:15 AM

funny monkey. =)
P.S. The pink font is quite invisible on the green bg.

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patriot01

09-25 02:20 AM

I am kind of in the same situation...But, I don't know if the status means what it says.

But, I got the status change in Jul 2008 saying that

'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'

The very next day I got this case status change saying that..

'We mailed document to the address we have on file, You should receive the new document within 30 days.....'

I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....

But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.

Thanks in advance.

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GCKarma

07-08 12:32 PM

Gurus,
First of all sorry to open a new thread. My PD is March 06 EB2. My i-485 reached uscis on July 2.

Is it advisable to change jobs? I'm planning to join bearing point consulting comp where they would start GC only after one year. As you guys know consulting job is quite unsecured. Only advantage with the new company is career growth.

Or should I wait for the outcome of lawsuit


please advise

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mirchiseth

05-31 01:38 PM

I am in the same boat. All my applications and approvals in the past have been thru TSC. I submitted the EAD, AP renewals using efile today and got the same.

Wondering if some thing is wrong or USCIS has some new policy?

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vallabhu

08-18 09:15 PM

Thanks for your replies guys

This is not a substitution case, ETA-750 says requires graduation in mathematics, which I have but my % is less than 60, so just verifying if they will look for % acquired, now don't ask me why i secured less than 60% that is history and I cannot change.

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gc28262

07-07 12:05 PM

My EAD expires on 07/28/2010. My EAD renewal is currently pending (applied online on 5/18/2010 at NSC). My AP expires on 08/24/2010. I am planning to apply for AP renewal once I finish my move to new address.

So, I really don't know which date to put. BTW, USCIS online application didn't mark that field as required.

Put the latest date ( AP ) . May be you can indicate that you are on AOS.

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gcwait2007

03-27 12:50 AM

What is your LC Priority date? Many of my friends had used LC Sub with PD earlier to Dec 2004 and all their applications were approved in TSC. The yardstick for transfer of LC sub cases from TSC to NSC is mystery and we have to find a way to solve it.

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Celebrity - Emma Stone

sve0390

08-03 06:07 PM

Hi,

My NIW/I-140 application has been pending for a year. During this time, I have more qualifications added to my resume. Is there a mechanism to send my updated resume or should I just let it be?

Thanks.

They asked me to send additional evidence in support of my NIW petition. I'd say just wait for them to ask you anything that they require to justify NIW.

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justAnotherFile

01-31 07:21 PM

...

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Blog Feeds

11-30 03:21 AM

The H-2B program is critically important for many businesses that have difficulty finding U.S. workers to fill temporary jobs. This is particularly true in seasonal industries. Comments from H-2B employers attest to the need for foreign workers in physically demanding seasonal jobs, often in remote locations, that many U.S. workers will not take.

The H-2B nonimmigrant visa (http://www.h1b.biz/lawyer-attorney-1137785.html) program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent and there are no qualified and willing U.S. workers available for the job. Note that this visa is not available for "temporary" agencies or other work placement agencies.

In order to learn more about employers� perceptions of the H-2B program, ImmigrationWorks USA and the U.S. Chamber of Commerce conducted a survey: five short questions distributed among H-2B employers in July and August 2010. The survey asked how many H-2B workers the company had hired in the last three years and what types of jobs those workers held. It included two open-ended questions about the benefits of using the program and asked what if any problems employers had experienced.

Another open-ended question asked what employers would do if they were not able to hire H-2B workers. Participation was voluntary, and results could be submitted via email, fax or the internet. A total of 367 employers responded. The majority of H-2B employers who responded to the survey noted that temporary foreign workers are reliable and hard-working. Many also praised these workers� productivity: a benefit that offsets the cost of bringing them into the United States. Respondents appreciated that H-2B workers were willing to work seasonal jobs and then return home when the season ended.

Important benefit of the program is that it offers companies a way to hire foreign workers when U.S. labor markets tighten. The program increases labor market flexibility by allowing businesses to bring in foreign workers when U.S. workers move up to better, higher-paying jobs during economic expansions.

To read the entire report about the economic impact of the H2B program, click here (http://www.immigrationworksusa.org/uploaded/IW-Chamber_H-2B_report.pdf)







More... (http://www.visalawyerblog.com/2010/11/h2b_visas_are_great_for_our_ec.html)

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RDB

07-06 12:13 PM

EAD renewal usually takes 60-90 days.....however, you can look for the approx. timelines on https://egov.uscis.gov/cris/jsps/ptimes.jsp and look for the processing times for your service center.

My receipt date is June 20th and haven't received the EAD yet - I don't even expect to receive it before August end.

Hello friends,


wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....

Did aanyone around June 15 -June 20th get any approval yet?

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fromnaija

06-22 06:45 PM

The short answer is yes. Once you have an approved I-140, you can ask to be accorded the PD on any subsequent I-140.

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anyluck?

06-18 12:58 AM

Hi

My wife is on H4 visa.She got an offer from Non profit organization and they are ready to do H1B.As it is Non profit Organization is that correct she can start working as soon as H1B is approved.

Is it possible to Transfer H1b in future to regular company if H1B quota exists.

Are there any restrictions involved.

Can any one please shed some light for me.

Thanks

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let007live4ever

06-22 10:46 AM

Thank you. :)

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wc_user

08-27 01:25 PM

My company is in a different state. I am consulting and hence working in a different state. Do we specify the job location in PERM application ? If yes, does it matter that I am working at a different location ? I am working on applying PERM in EB-2. Thanks.

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Munna Bhai

01-25 09:51 AM

Even GC cannot work on security Clearance projects. Only Citizens allowed.

That is true, but depends on degree of security clearance, if it is less than GC can work.

But what is the way out for H1bs??

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drirshad

07-01 08:26 AM

Ya thats true but these people must return these GC's as they were processe by mistake, anyday they figure it out these guys will be out of US ....

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smdfarooq

06-09 05:33 PM

Thanks you so much

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MIKEDAVID

07-29 09:36 PM

Yes, you can.

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AnishD

04-02 10:51 PM

I have a question for H1 transfer. If I work with Company A and I am transfering my H1 to company B. What happens to my H1B with company A if by chance the transfer gets denied..does it get suspended or can i work with Company A again if they have not cancelled?
Thanks in advance..

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vban2007

10-24 10:19 AM

This is a mad rush

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leonqiu

03-06 01:39 PM

sorry, i forget to add, i am on i-485 waiting list, and have passed 180 days

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GC_LOOKIN

12-10 10:03 PM

Hello Gurus,
I have filed my I485 on July2nd 2007 at NSC , my priority date is June2004 EB3 category.I recently saw 3 LUD's within 1 week timeframe. Is this a good thing or bad thing?? did this happen to anyone?
Appreciate your response.

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devd

09-11 03:37 PM

On August 5th, My Online status got updated: Approval Notice sent

On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.

On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.

All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?

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aat0995

05-03 07:02 AM

Check out immigrationportal.com for such things.

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tw00ne

06-26 12:13 PM

1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.

2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.

The lawyers that created those laws must have been on something ...

Thanks

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