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  • raysaikat
    04-22 01:36 AM
    Hello
    My story is:
    I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
    Questions are:
    1. Can my employer apply for a Perm Cert for me if they want.
    Yes.

    2. After getting the perm cert. can my employer file I 140 under EB3 for me?
    Yes.

    3. Will I be eligible for premium processing for I 140 application, in 15 days?
    I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.

    4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
    a. Then I'll still be working with my current EAD, right?
    Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.

    b. Then what happens after May 2011?
    Unless you have some other VISA that would allow you to stay in the US, you need to leave US.

    c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?

    You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.

    d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
    thank you very much

    No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.




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  • ns007
    06-15 10:44 AM
    After reading the alert on immigration-law.com website I contacted my firm's attorney. According to them they have requested 3yrs extension based on my approved I-140. Now since the dates are current, they may grant either 3yr or 1yr extension. But, they won't deny the h1 extension petition.


    Hi,
    My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

    Please advise.:confused:




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  • pointlesswait
    05-05 10:08 AM
    absurd..!!




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  • seahawks
    06-27 02:58 PM
    Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.

    Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.

    Reviewed all forms today. Attorney said if 485 form is correct, not to worry, go for FP and show all your proof.. but then I found out 485 form was wrong too, so waiting to hear from him.



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  • prem_goel
    12-02 11:25 PM
    Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.




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  • humdesi
    02-17 03:59 AM
    Which was effectively nullified by


    "Default Re: Predicted Visa Bulletin movement
    Nothing was said, but logically, unless there is worldwide EB3 movement, EB2 for China and India can't advance. EB for India and China have already maxed out for the year and all additional movement is based on leftovers from the rest of the world."



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  • gc_dedo
    01-27 03:34 PM
    Sorry for the stupid question.
    Is it necessary to inform CIS about job change using AC21?
    Few of my friends havent informed.




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  • Queen Josephine
    May 23rd, 2005, 10:34 AM
    I like them all Gary, but agree with Chris about the cloning out that bright white rock , or whatever it is, in the first one. Also, unless you've been there before, it's difficult to capture the enormity of those rocks. The footpath catches my eye in the second photo which gives some perspective on where you are positioned. It looks like you are a quite a bit above and working your way down to the path. The 3rd pic looks like a crop? of the upper-center of the 2nd pic? And lastly, can I apply for a job where you work so I can travel too!



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  • WeShallOvercome
    07-20 06:32 PM
    My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
    Any ideas when can be the date current again(for my PD atleast)?


    If you plan to get married in the next few months, you can still go ahead and apply your I-485.

    the dates are goign to retrogress again in October. so if you get married before your date becomes current again, you can file the I-485 for your spouse on the very first day it becomes current and before your I-485 approval




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  • kondur_007
    10-30 04:06 PM
    In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

    As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.


    Thank you very much for sharing this information, this is a very good point; I never thought about it.



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  • trramesh
    11-12 02:59 PM
    Guys,

    Pls participate in the survey for your own good. We need these figures to show the worth of our community to whom it may matter.




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  • desi3933
    05-14 01:33 PM
    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

    http://www.murthy.com/news/n_cosapp.html

    Thanks..

    Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.

    In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.

    However, please keep this mind (mentioned in that link)

    This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.


    Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.

    Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.

    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .



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  • CCC
    07-05 02:19 PM
    Hello,
    I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

    a. Is it possible for me to port my I-140 to company B?
    b. If its possible will i be able to keep the PD?

    I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

    Thanks in advance.




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  • aknynd
    05-21 01:12 PM
    how to start a new thread?



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  • Templarian
    11-25 04:12 PM
    @TheCanadian, glos is a cunning one. :look:

    Star...wha??? I just thought it looked cool :P
    :lol: :fab:




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  • cram
    09-21 10:21 PM
    I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.

    I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.

    I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?



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  • anuh1
    04-23 02:18 PM
    If the client is ready to offer employment to you, client will take care of everthing. Why you worry about the law suite? My best guess is he is just threatening you because he will loose money on you. If you want you can scare him saying that you will put a case against him in USCIS by various reasons.




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  • sree_99
    02-03 11:54 AM
    Thanks Everyone, Your comments are really helpful. I was able get hold of my attorney and he mentioned the same thing as most of you replied. She should come back on AP.

    Thanks




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  • girishvar
    09-17 07:25 PM
    Being a consular processing 6 months is a goog time. If you are already working for your existing employer for more than 6 months, even on H1 then you can take a risk. Basically you need to prove an intent. No body expects anyone needs to be a slave to any employer.




    voldemar
    03-27 08:30 AM
    you can volunteer for your future employer as long as there is no financial transactions involved.Then you are replacing american guy.




    mukraw6
    11-21 05:24 PM
    It said the same thing for me and that means you will recieve it in a weeks time or your lawyer



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