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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #16 (permalink)  
Old 05-20-2008, 01:48 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
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Default

I heared this is the last bill singed by bill clinton when he left the office. If your labor is pending for more than a year, you do not need to go out of the country after 6 year. For you, even your PERM is approved and I-140 is pending. I dont think you have to leave the country after six years. There are lots people who are getting 8th year or 9th year extension based on approved I-140. May be talk to Murthy or Rajeev Khanna. They might charge you couple hundered dollers. I believe its worth.

thanks
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
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  #17 (permalink)  
Old 05-20-2008, 01:51 PM
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 20
rajas is on a distinguished road
Default

Hi Guys,
I am also having some trouble with fragomen law firm.They don't seem to be creative enough.
I first came to US in March 2002, stayed for 1 year on L1B visa.
Between 2003 and 2004, I was in India for 2 years except for the 2 Months between Feb to April in 2004 (so 11 months gap in between).
Then came back on L1 in 2005 and been here ever since.

As per Fragomen, my 6 year clock did not reset.Infact the 2 months short visit to USA (I was not in US payroll) is not counted. I checked with another attorney and she said, my clock infact did reset!!!!
I would recommend to you check with another attorney and do post the feedback
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  #18 (permalink)  
Old 05-20-2008, 02:15 PM
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 20
rajas is on a distinguished road
Default

http://www.infinitilaw.com/immigrationnews/h1bnews.html
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  #19 (permalink)  
Old 05-20-2008, 02:17 PM
Member
Priority Date
:
Aug-02
Category
:
EB2
I140 Mailed Date
:
06/29/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: May 2007
Posts: 66
akgind has a spectacular aura about akgind has a spectacular aura about akgind has a spectacular aura about
Default You should be able to extend your H1B

Quote:
Originally Posted by Leo07 View Post
I will be on it...and post the result soon. I don't trust the fragomen....much...they are the reason for my mess anyways.
My spouse is in exactly the same situation. 6 years of H-1B expired 2/29/2008, I-140 approval came after expiry. Employer's big Law Firm just filed for H-1B renewal for 3 years. They advised that, once approved, H-1B can be activated by going to a counsulate abroad and applying for visa. In the meantime, continued employment is not a problem because we got EAD based on my I-140. However, we both want to stay on H-1B rather than EAD.

Last edited by akgind; 05-20-2008 at 02:19 PM. Reason: typo
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  #20 (permalink)  
Old 05-20-2008, 02:55 PM
Senior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
09/18/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 583
Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute
Arrow Thanks

Yours( your wifes ) is a slightly different case because she has a EAD to stay. I'm out of country at the moment....I have my fingers crossed...
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  #21 (permalink)  
Old 05-20-2008, 03:00 PM
Junior Member
Priority Date
:
Aug-03
Category
:
EB2
I140 Mailed Date
:
03/26/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2007
Posts: 15
vikramaditya is infamous around these parts vikramaditya is infamous around these parts
Default

Quote:
Originally Posted by Leo07 View Post
Folks,

My 140 is approved after I had to leave the country for expired H1b. I used up everything I could on H1b. Could not get onto the wagon owing Atlanta perm...center. That's in a nutshell.

I know that I'll have to wait-out for 365 days before anything can happen for me. Just wondering, if there is any avenue that my attorneys @fragomen are not aware of...

I appreciate all your suggestions...( sensible ones more, though )

Best!
can u apply for counslar processing?but then you will have to be in india till you get gc
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  #22 (permalink)  
Old 05-20-2008, 03:02 PM
Member
Priority Date
:
Aug-02
Category
:
EB2
I140 Mailed Date
:
06/29/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: May 2007
Posts: 66
akgind has a spectacular aura about akgind has a spectacular aura about akgind has a spectacular aura about
Default

Quote:
Originally Posted by Leo07 View Post
Yours( your wifes ) is a slightly different case because she has a EAD to stay. I'm out of country at the moment....I have my fingers crossed...
Understand the difference. I hope that a good attorney will be able to find a solution. Good luck.
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  #23 (permalink)  
Old 05-20-2008, 04:19 PM
Senior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
09/18/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 583
Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute
Thumbs down Reply from paralegal...not positive...

"It is good news that the I-140 has been approved. Unfortunately this will not help you with regard to obtaining a new non-immigrant visa nor is your priority date current at this time. Therefore you must remain in XXXX as planned for 365 days in order to qualify for a new non-immigrant visa for the US. The I-140 is the property of XXXX therefore the notice will be sent to our office as XXXX's counsel and to XXXX directly. As you are not currently residing in the US and there are no applications on file with USCIS an address change to XXXX is not required.

As soon as there is any additional information we will let you know. "

Can anyone who do not deal with FRAGOMEN...confirm this with their attorneys...please...
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  #24 (permalink)  
Old 05-20-2008, 04:36 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by Leo07 View Post
"It is good news that the I-140 has been approved. Unfortunately this will not help you with regard to obtaining a new non-immigrant visa nor is your priority date current at this time. Therefore you must remain in XXXX as planned for 365 days in order to qualify for a new non-immigrant visa for the US. The I-140 is the property of XXXX therefore the notice will be sent to our office as XXXX's counsel and to XXXX directly. As you are not currently residing in the US and there are no applications on file with USCIS an address change to XXXX is not required.

As soon as there is any additional information we will let you know. "

Can anyone who do not deal with FRAGOMEN...confirm this with their attorneys...please...
As you are already out of country, your case might be complicated. I am sure people are getting extension based on pending I-140. You should have applied for extension with the I-140. Why dont you post the query at murthy.com or to Mr.Ron Gotcher's web site. He is an attorney and has a website/forum. You can directly get answer from him rather than wasting time.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #25 (permalink)  
Old 05-20-2008, 04:53 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
08/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Nov 2007
Posts: 691
meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute
Default

Quote:
Originally Posted by Leo07 View Post
What I was told...is

An expired H1b is a dead being...you cannot RESTORE it no matter what. You can renew it with any of the applicable laws....as long as it is alive.( Not expired ).

I would be the happiest guy...if some one can really prove otherwise.
You may want to run the following past Fragomen:
http://www.murthy.com/nflash/nf_122006.html
H1B Extension Allowed Even if not Maintaining H1B Status
©MurthyDotCom
The memo also confirms that an individual who is beyond the six years of H1B status may file for a 7th-year H1B extension under AC21, even if s/he is not in the U.S., or if s/he is in the U.S. but not maintaining H1B status. This was previously an issue because of the wording of the provisions for extensions beyond the six-year limitation, which used the term "extension," implying that the individual would have to be maintaining H1B status, or at least be in a nonimmigrant status, when the request was made. The memo allows for a more expansive reading and will permit a 7th-year extension as long as the individual is eligible for more H1B time. This, too, will be helpful in many situations.

my understanding is that you are eligible for H1 extension even if you had to leave the country earlier when your original H1 ran out.
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  #26 (permalink)  
Old 05-20-2008, 05:07 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
Compare
Join Date: Nov 2007
Posts: 395
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Default

I read the rules again and I am sure that you are eligible for H1 now and you do not come under the cap...so act now, get H1 done with premium processing, get it stamped and come to US and work. All expenses would be paid for by one month salary!!
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  #27 (permalink)  
Old 05-20-2008, 05:18 PM
Senior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
09/18/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 583
Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute
Arrow Thanks for all your comments.

I very much appreciate all your input here...
I have posted a question on Ron's website....also forwarded the links to my paralegal...hopefully did not piss them off...

I'll keep you folks updated.
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  #28 (permalink)  
Old 05-20-2008, 05:55 PM
Member
Priority Date
:
Aug-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Romania
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 99
mariusp will become famous soon enough mariusp will become famous soon enough
Default

Why not use your I140 for consular processing? CP is faster anyway and since you're out of the country and can't apply for 485 you might at least take advantage of this time and get in line for your GC.

The alternative is to lose one year and then come back to the US, if you can get an H1B which is proving to be more and more difficult because of the limited quota and the lottery. Then, you have to wait for your PD to become current to apply for 485 and then wait and wait some more before USCIS decides to look at you case. There's a lot of "waits" in there. Go for CP!

Quote:
Originally Posted by Leo07 View Post
I very much appreciate all your input here...
I have posted a question on Ron's website....also forwarded the links to my paralegal...hopefully did not piss them off...

I'll keep you folks updated.
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  #29 (permalink)  
Old 05-20-2008, 05:57 PM
Senior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
09/18/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 583
Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute
Arrow Update from Greg Siskind...

"I believe you can get an H-1B even if you have left the country. Your
immigration lawyer can, of course, advise for sure.

Regards,

Greg Siskind

Gregory Siskind, Attorney at Law
Siskind Susser Bland - Immigration Lawyers
Telephone: 800-748-3819 or 901-682-6455
Fax: 800-684-1267 or 901-339-9604

Email: gsiskind@visalaw.com
Web: www.visalaw.com
"

Not sure what I can do to convince Fragomen...may be put them in law school again?

I don't want to piss my attorney off at this juncture...gosh it's a miserable life
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  #30 (permalink)  
Old 05-20-2008, 06:42 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by mariusp View Post
Why not use your I140 for consular processing? CP is faster anyway and since you're out of the country and can't apply for 485 you might at least take advantage of this time and get in line for your GC.

The alternative is to lose one year and then come back to the US, if you can get an H1B which is proving to be more and more difficult because of the limited quota and the lottery. Then, you have to wait for your PD to become current to apply for 485 and then wait and wait some more before USCIS decides to look at you case. There's a lot of "waits" in there. Go for CP!
Whats the point in going to CP if the PD is not current?
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD

Last edited by snathan; 05-20-2008 at 06:47 PM.
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