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  • saji007
    05-03 09:45 AM
    1. No need to apply extn with the new employer, when you file for H1-Transfer you get 3 year extenstion
    2. You need to apply for new PERM through new employer, as you do not have a pending i-485. In my case I have an EB2 Perm with proiority date of Feb 2008. New company filed for PERM in 2011 and is pending. Once they file for I-140, they will port the priority date from the old PERM. Attorney never told me any thing about job description or any issue as you can even port the priority date from EB3. So i think that does not apply. You will need your I-140 and PERM copies from the current employer while doing the transfer and porting the priority dates.




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  • Madhuri
    03-19 02:17 PM
    Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
    or was it showing I140 approved before and now it's showing pending?

    No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...




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  • eb3_nepa
    10-01 07:47 PM
    I guess some ppl have all the luck ;)

    Getting ur EAD approved AND not even paying for it :)




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  • desi3933
    03-15 02:57 PM
    Thanks.
    So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
    (The pdf does not state what action USCIS will take)

    Incorrect, again!

    Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).

    There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • papajon
    06-19 10:06 AM
    You will get your H1B extended pending appeal on PERM.

    Thank you! So technically, there is nothing for me to worry at this time? Is this correct? I know I am losing time but my priority is not current...




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  • eb3retro
    03-16 02:21 AM
    I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.

    Update to my post:

    Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.

    Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.



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  • BumbleBee
    05-30 12:27 PM
    Here we go again....the never ending bad news loop for immigrants (to be)
    Source-->
    http://www.immigration-law.com/

    http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-10371.htm


    E. Summary of Final Fees

    The USCIS Immigration and Naturalization Benefit Application and
    Petition Fee Schedule, the proposed fees, and the final fees
    established by this rule are summarized in the attached table.

    ----------------------------------------------------------------------------------------------------------------
    Current Proposed
    Form No. Description fees fees Final fees
    ----------------------------------------------------------------------------------------------------------------
    I-90.................................. Application to Replace Permanent $190 $290 $290
    Resident Card.
    I-102................................. Application for Replacement/ 160 320 320
    Initial Non-immigrant Arrival-
    Departure Record (I-94).
    I-129................................. Petitions for a Nonimmigrant 190 320 320
    Worker.
    I-129F................................ Petition for Alien 170 455 455
    Fianc[eacute](e).
    I-130................................. Petition for Alien Relative...... 190 355 355
    I-131................................. Application for Travel Document.. 170 305 305
    I-140................................. Immigrant Petition for Alien 195 475 475
    Worker.
    I-191................................. Application for Advance 265 545 545
    Permission to Return to
    Unrelinquished Domicile.
    I-192................................. Application for Advance 265 545 545
    Permission to Enter As a
    Nonimmigrant.
    I-193................................. Application for Waiver of 265 545 545
    Passport and/or Visa.
    I-212................................. Application for Permission to 265 545 545
    Reapply for Admission into the
    United States After Deportation
    or Removal.
    I-360................................. Petition for Amerasian, 190 375 375
    Widow(er), or Special Immigrant.
    I-485................................. Application to Register Permanent 325 905 930
    Residence or Adjust Status.
    I-526................................. Immigrant Petition by Alien 480 1,435 1,435
    Entrepreneur.
    I-539................................. Application to Extend/Change 200 300 300
    Nonimmigrant Status.
    I-600/I-600A.......................... Petition to Classify Orphan as an 545 670 670
    Immediate Relative/Application
    for Advance Processing or Orphan
    Petition.
    I-601................................. Application for Waiver of Grounds 265 545 545
    of Inadmissibility.
    I-612................................. Application for Waiver of the 265 545 545
    Foreign Residence Requirement.
    I-687................................. For Filing Application for Status 255 710 710
    as a Temporary Resident.
    I-690................................. Application for Waiver of 95 185 185
    Excludability.
    I-694................................. Notice of Appeal of Decision..... 110 545 545
    I-695................................. Application for Replacement 65 130 130
    Employment Authorization or
    Temporary Residence Card.
    I-698................................. Application to Adjust Status from 180 1,370 1,370
    Temporary to Permanent Resident.
    I-751................................. Petition to Remove Conditions on 205 465 465
    Residence.
    I-765................................. Application for Employment 180 340 340
    Authorization.
    I-817................................. Application for Family Unity 200 440 440
    Benefits.
    I-824................................. Application for Action on an 200 340 340
    Approved Application or Petition.
    I-829................................. Petition by Entrepreneur to 475 2,850 2,850
    Remove Conditions on Residence.
    I-881................................. NACARA--Suspension of Deportation 285 285 285
    or Application for Special Rule
    Cancellation of Removal.
    I-914................................. Application for T Nonimmigrant 270 0 0
    Status.
    N-300................................. Application to File Declaration 120 235 235
    of Intention.
    N-336................................. Request for Hearing on a Decision 265 605 605
    in Naturalization Procedures.
    N-400................................. Application for Naturalization... 330 595 595
    N-470................................. Application to Preserve Residence 155 305 305
    for Naturalization Purposes.
    N-565................................. Application for Replacement of 220 380 380
    Naturalization Citizenship
    Document.
    N-600................................. Application for Certification of 255 460 460
    Citizenship.
    N-600K................................ Application for Citizenship and 255 460 460
    Issuance of Certificate under
    Section 322.
    Biometric Services............... 70 80 80
    ----------------------------------------------------------------------------------------------------------------

    BumbleBee




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  • meridiani.planum
    07-28 02:48 AM
    My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.

    His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.

    He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.

    can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?

    if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...

    Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.



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  • finimits
    05-02 03:10 PM
    Hi Saji007,

    Just to clarify your answer for my first question, do you say moving the the new company before applying for H1B extension is alright (safe)?
    I am asking because my 6 years ends on December 1st this year, so if I move in June this year and immediately apply for extension, I should be alright correct?

    Also, how will I apply for the extension? Do I just need to send the copy of the I-140 approval notice? What about the fact that my current employer has actually submitted the petition and my job-description etc? I guess if someone could explain this a bit more, I would really appreciate.
    Thanks




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  • sammyb
    10-05 04:28 PM
    Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.

    I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-

    Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
    If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?

    Thanks


    I had the same situation when before I apply my GC my company was taken over by my current employer ... there is something called 'successor of interest' .... as I understand the new company will take over ownership of any H1/GC etc that you have with your previous employer ...

    this is just my thoughts .. better you get it verified by your lawer ...



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  • mkolp
    07-07 11:51 AM
    Good idea




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  • Bpositive
    01-10 10:38 PM
    My wife is planning to travel on AP while H1B is pending administrative processing after a Chennai Consulate interview. We have submitted the required information but she needs to rejoin work and can't wait beyond our existing travel plans.

    Has anyone gone through a similar situation. Should we be having any port of entry concerns?



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  • txh1b
    04-16 06:32 PM
    Now the question is that: how long usually does it take for the response after I submit my evidences? It has to be 60 days or less, but I heard differently. Can anyone help me with that?

    If your PD is current and a visa number available, they should be approving the petition soon after.




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  • mzdial
    March 27th, 2004, 02:19 AM
    Well.. speak of the devil.. I did score the publisher's tickets for the Heat game.. Not where I thought they were though.. It's section 14, row 5, seats 10,11,12,13. So I'm over in the corner behind you it appears.

    Checking the Fieldhouse website it says:

    "Camcorders/Recording Devices:
    �Still� cameras are permitted at Pacers, Fever and Firebirds games. No Video cameras are allowed. During other events this policy will vary, and guests may be asked to check these items in at Guest Relations in the Entry Pavilion."

    I've never bothered to bring a camera into the games ever.. It seems as they are pretty liberal in the policy -- kudos to them.

    Now I'm going to exploit it. :-) My wife is going to the game with me and I'm guessing she is going to give me grief if I drag the borrowed 300 w/o the hood into the game.. I went down to work to borrow it this afternoon.. I'll probably have to settle for the 70-200 after she throws a fit.

    Are you shooting the game Steve?

    -- Matt



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  • check_rd
    11-06 06:05 PM
    Let me check back on the date i had applied and let u know.




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  • gvenkat
    05-17 07:35 AM
    I believer you have to show somehow your resposnisbilities include that as well. I don't think it's that difficult



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  • ps57002
    09-23 09:51 PM
    http://video.google.com/videoplay?docid=-1999333595666035699&hl=en

    Voice of America coverage. (in Hindi)

    lol funny to see myself in there..i have a shaky voice lol...eeks..wish i could hide...




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  • dh010447
    03-24 10:11 AM
    Lucky you!! Mine was filed on Jan 5th and still waiting!!

    I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.

    My lawyer ('s assistant) told me yesterday that the PWD's are taking 6 to 8 weeks to come back. 8 weeks have past now, didnt really want to force the issue though as it's not just me that's waiting.

    i have until July 1012... Hopefully enough time for my PERM approval...




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  • chanduv23
    06-08 07:20 AM
    I have a NY lisence and it says on top "Temp visitor, expires 05/29/2010" which is the date on my i 94. So around that time I have to go get that extended to whatever temporary date my status gets extended. What a pain.




    webm
    12-15 08:55 PM
    I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....




    I thought you got second FP notice..now i got your point..that you have received FP notice with some sort of stamp after your FP was done..but I dont think they sent this type of notice to everyone/rarely..




    vkt3142
    02-25 02:37 PM
    Guys, please let me know if anyone heard something similar else where.

    Thank you



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