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  #31 (permalink)  
Old 07-08-2008, 10:53 AM
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
11/11/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/11/2007
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Join Date: Mar 2006
Posts: 110
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Default Primary Approved, waiting for wife

Hi,
I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?

Thanks,
485_spouse
__________________
485_spouse
PD:Nov 2002
EB3 (India)
I-485(Self) : 8th June 2004 Aproved : 23 June 07
I-485(Wife): RD 5th June 2007, ND 14th June 07
FP (Wife) FP Date : 20th July 2007
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  #32 (permalink)  
Old 07-08-2008, 11:34 AM
Junior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
06/04/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
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Join Date: Feb 2006
Posts: 9
ssharma is on a distinguished road
Arrow Changing Employer after EB Green Card is Approved.

Is there certain minimum "safe" numbers of days one has to stay with the sponsoring company after getting the EB Green Card.
In my case I have been working with my employer since Sept-2001 (almost 7 years). My GC labor was started in Dec-2001, 485 filed in May-2007, and GC approved June 24, 2008.

I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?

Thanks for your time.
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  #33 (permalink)  
Old 07-08-2008, 12:01 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jan 2007
Posts: 212
Blog Entries: 1
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Default thank u

Thank You Samay !!

I was in US from 2000 to 2001 on h1b.(first h1 approval)
Went to india and worked there from 2001 to 2006
On new H1 came to US on 2006
I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
only the current one which is from 2006. My 140 is not yet approved.
So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
will be needed in future.I had submitted 140 during July 07.

Is it needed for any 140 RFE or 485 level ?

Good Day !
Rajesh

Quote:
Originally Posted by rajeshalex
Hello,

Could you tell at 140 level does a candidate needs to submit all the previous
H1 Approval notices.

I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

Rajesh

Hello

We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
__________________

Last edited by rajeshalex; 07-08-2008 at 01:10 PM.
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  #34 (permalink)  
Old 07-08-2008, 02:52 PM
Senior Member
Priority Date
:
Feb-06
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:
EB2
I140 Mailed Date
:
10/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
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Join Date: Apr 2007
Posts: 518
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Default AC21 and Advance Parole

How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.
__________________
Greened on Aug 4th 2010
Member of IV Wiki team
Participated in Letter Campaign
Called CHC and other law makers
Contacted Local Congressman for support to Immigration bills.
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  #35 (permalink)  
Old 07-08-2008, 03:59 PM
Member
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
08/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Posts: 56
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Default How to use AC21 if wrong OCC code in labor

Hi,

I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.

This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.

My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?

Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?

I'd appreciate your opinion in this matter.

Thanks
__________________
Go IV
Contributed $350 so far

Labor PD: 28 March 2003
I-140: approved
I-485/EAD/AP: applied on 02 July 2007 and receive receipts on 17th Aug
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  #36 (permalink)  
Old 07-08-2008, 05:10 PM
Junior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
07/21/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/22/2005
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Join Date: Jul 2008
Posts: 1
yogi13229 is on a distinguished road
Default Regarding Recapturing PD from EB3

I have filled my Green card in Eb3 category. I am planning to now file it in Eb2 Category, but want to retain my Eb3 Priority date (which is 2005) . Please let me know:

1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).

2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.

3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category

4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485

Thanks
yogi
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  #37 (permalink)  
Old 07-08-2008, 07:22 PM
sc3 sc3 is offline
Senior Member
Priority Date
:
Aug-05
Category
:
EB3
I140 Mailed Date
:
08/01/2004
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:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jan 2006
Posts: 217
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Default

Quote:
Originally Posted by ssharma View Post
Is there certain minimum "safe" numbers of days one has to stay with the sponsoring company after getting the EB Green Card.
In my case I have been working with my employer since Sept-2001 (almost 7 years). My GC labor was started in Dec-2001, 485 filed in May-2007, and GC approved June 24, 2008.

I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?

Thanks for your time.

Hmm... GC labor started in DEC-2001, and got approval in June 2008, congratulations buddy. What is your category? EB1? EB2?? EB3??? If EB3, it is quite surprising to see an approval for a "non-current" date.

Last edited by sc3; 07-08-2008 at 07:33 PM.
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  #38 (permalink)  
Old 07-08-2008, 08:19 PM
Member
Priority Date
:
Dec-01
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Nov 2006
Posts: 37
Saburi has a spectacular aura about Saburi has a spectacular aura about Saburi has a spectacular aura about
Default I 140 Revocation

This Question is for the Lawyer, how would the applicant know wether his or her aI 140 is revocked as my employer is saying he will revoke my I 140 but till date i have not recd any letter from USCIS or any other issues, how can somebody find out if the I 140 is revocked.

Please let me know on this.

Thanks for your help

Saburi.
__________________
Best Regards

Saburi

Labor Applied in Dec 06 2001
I 140 Approved on Sep 06 2006
I 485 Applied on July 5th 2007, Too Early to say any thing, still waiting.
EAD Applied on July 5th 2007 , Sep 13th 2007 Card Ordered
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  #39 (permalink)  
Old 07-08-2008, 08:44 PM
Junior Member
Priority Date
:
Sep-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Join Date: Feb 2008
Posts: 21
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Post question about new I-140 premium processing

I am in the 6th year of my H1b.expires end august 2008.I have applied for I-140 in may of 2008 after my labor got audited and finally approved in may2008.My labor application was in sept 2008.I can probably recapture the time spent outside the country to take it past 1 year of labor certificate application(in order to apply for H1b extension).can i avail of premium processing for my i140 to get a possible 3 year extension or not.to me it seems not given that as per USCIS website :

USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:

Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.
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  #40 (permalink)  
Old 07-08-2008, 09:18 PM
arc arc is offline
Senior Member
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:
Sep-06
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:
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:
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:
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Posts: 334
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Question Future Employment Question

Dear Sir/Madam

Thank you for helping us.

Scenario:
If one is working with company A on H1 and Company B applies a future employment GC for the person. The Person received EAD/AP for the 485 which is pending from 1 year through company B. Also have a valid and stamped H1 for 3 years from company A.

Now in this case:

1) Is there a Law or Need to Join company B since EAD has been issued?

2) Can one stick with company A even after getting EAD till he gets GC? In that case is AC21 required to remain with Company A?

3) Can one Join new Company X and use AC21?

I really appriciate your community service, thanks in advance!
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  #41 (permalink)  
Old 07-08-2008, 10:54 PM
Senior Member
Priority Date
:
Feb-07
Category
:
EB2
I140 Mailed Date
:
08/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/19/2007
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Posts: 221
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Default last name missing on passport but not on US documents ...problems it can cause ??

My question: I came to us on F1 Visa. I do not have my last name in my passport. Yes it is true ..stupid passport department missed it as they write names with hand ... passport was made when I was in high school…9th grade to be precise. I never got it corrected and came to us …visa was issued to me using FNU firstname format. When I applied for I-20 SSN, and everything in US after that I added my last name (my actual family name which got missed in passport) as us system does not allow blank last name. Note that my passport last page correctly shows my fathers and mothers last name which I have added on all my us documents like SSN, DL, … now I have been in us from past 5 years with all ( and I actually mean all) my us docs like H1, SSN, I-20, License, 495 application etc in firstname lastname format. ….. the only 2 things which are not in my first name last name format is
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name

one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.

Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively…or I should wait for USCIS decision .. Usually RFE is given 30 – 40 days to reply and I don’t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS …. A lawyer’s opinion is much needed and appreciated.

Thanks for your help
-M

PS: my priority is Feb 2007 EB3
__________________
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I WAS THERE IN DC, WERE YOU?
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  #42 (permalink)  
Old 07-09-2008, 05:07 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 3
amdavad is on a distinguished road
Default Can one accept Canadian PR after getting USA GC?

Hi,

We recently received USA GC. We also received Canadian PR approval. Now can we go and land in Canada to complete Canadian PR process and come back to USA and live here?

Can there be any issue at POE (either side) as we will have two PR?
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  #43 (permalink)  
Old 07-09-2008, 07:22 PM
Donor
Priority Date
:
Feb-07
Category
:
EB2
I140 Mailed Date
:
03/21/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/19/2007
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Join Date: May 2006
Posts: 362
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Default My AOS pending; spouse on J1

Hi
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. Will I be able to interfile for her once my PD is current and she has completed her J1 waiver?
2. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if you can provide some insight regarding the same.
regards
Saket Kapur
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  #44 (permalink)  
Old 07-09-2008, 09:29 PM
Junior Member
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N/A
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:
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Posts: 10
swethanjit is on a distinguished road
Default OPT vs H1B -- What can I use?

Dear Sir / Madam,

I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?

Regards
Swetha.
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  #45 (permalink)  
Old 07-10-2008, 05:10 PM
Junior Member
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VenuK is on a distinguished road
Default H1-B Complicated Case for Visa Stamping(Tijuana, Mexico)

This question is for Attorney and for Everyone:

Could you pls... pls... look into my case and if possible could you provide your suggestions.

here is the link for my case
http://immigrationvoice.org/forum/sh...ad.php?t=20055

with Thanks in advance,
Venu
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