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  • cchaitu
    11-06 02:59 PM
    All Guru's

    My situation is little different,

    I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
    But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance




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  • wandmaker
    08-10 07:43 AM
    I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
    In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
    Please advise me urgently on this matter
    :(

    If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.

    Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.




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  • milind70
    11-06 04:25 PM
    All Guru's

    My situation is little different,

    I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
    But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance


    Dont require copy of 140 to invoke AC21 only proof of AOS is required i.e 485 Recipt Notice (even a copy would do).
    Copy of 140 is required incase of date porting i.e joined a new employer who is willing to sponsor GC and you would like to keep you PD from a previous application.
    Hope this clarifies !!!




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  • Edison99
    02-24 10:18 AM
    Congrats beautifulMind on your immigration journey!

    I successfully ported from EB3 to EB2 in the same company while on EAD

    Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)

    The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...

    I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....


    Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...

    Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....



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  • days_go_by
    08-20 09:15 AM
    Or is it only for EB3
    ----------
    for now only EB3.




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  • mayitbesoon
    07-10 04:36 PM
    Similar issue here.

    I have been working with my company on EAD for last 6 months.
    I have been asked by HR had asked me if i had valid visa. I said yes. then, i realized, there is no visa, its 'adjustment status'. I tried to explain him. He keeps saying, he understands how EAD works, but the HR office would like to see a copy of 'visa' document. I am sure, what should I give him?.

    In this case, should i provide copy of I-485 receipt? I already sent him my AP documents and I-94 that i got at port of authority.

    Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
    Thanks.



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  • lavanyamohan
    03-16 08:39 AM
    Please suggest me good immigration attorney-( in seattle area if possible) for my H1B filing. They should be prompt in preparing my application with in 2 wks time.

    My employer called Rajiv S khanna's law firm. Those para legals said they cannt gaurantee timely filing by april 1st. I think its the busiest law firm in this time of the season. cannt find fault with them any ways.


    I know I am lagging behind a little bit.

    As the clock is ticking, I need to rush up.

    Please suggest me


    Thanks much in advance




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  • abheja
    08-25 03:40 PM
    Thanks so much for your quick response. Yes, I am planning to start EB2 from scratch since there is no relief in EB3. So, I will have to convince the company to bear the cost :(



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  • vedicman
    05-06 11:24 AM
    Bring it on PA, UT, TX (although backing away)
    The more the merrier! This certainly will bring the debates nationally all the time.
    More # of states want to pile on, Fed has to step in - with a ferocious appetite :D




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  • PD_Dec2002
    03-08 11:18 PM
    Here's the guidance from U.S. Customs and Border Protection on your query: http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=MEmYDe-i&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MSwxJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJ nBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9STk0&p_li=&p_topview=1

    I am also copy pasting the same content if you cannot open my link.

    How to record departure from the United States after the fact.
    Question: I did not turn in my I-94 when I left the U.S., what should I do?
    Answer:

    If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.

    If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    * ACS - CBP SBU
    * 1084 South Laurel Road
    * London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    *
    Original boarding passes you used to depart the United States;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:
    *
    o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    o Dated bank records showing transactions to indicate you were in another country after you left the United States,
    o School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    o Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    Regards,
    Jayant



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  • NKR
    10-09 01:27 PM
    i predict the november 2008 visa bulletin will come out on monday, october 13,2008. however, even if all categories will become current, it is still useless as the processing dates of the different service centers have processing times of july 2007. hence, almost everybody will not be able to have their papers processed.

    and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.




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  • alien2006
    11-17 11:52 AM
    I had a similar problem when I applied for my OPT, not once but twice. The one year EAD had a wrong date, the issue date and expiry date was the same. The second time, they didn't give me the correct start date, so I sent it again. No filing fees since it was their mistake.
    You souldn't have anything to worry about.



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  • waitingmygc
    03-08 12:48 PM
    Congrats.

    Celebrate your day with Wife and Mom. Happy Women day.




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  • sundarpn
    04-30 07:05 PM
    You can change via H1-b transfer and H4 will be valid. You 485 should be valid due to AC 21.

    Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?

    Can the primay file this himself with just his 485 receipts.



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  • funny
    08-13 01:20 PM
    Hi,

    Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

    Thanks

    Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.




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  • sanprabhu
    07-19 01:32 PM
    I hope USCIS comes with premium processing of EAD. Or they should come with i-485 premium processing so that AP and EAD can be issued withing 15 days or something.

    That way they can make some money over this flood of applications and I am sure many of us want EAD badly for our spouse because they have job secured.



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  • chalamurariusa
    04-28 10:08 AM
    Sorry to be posting on this thread I am new to this and I genuinely tried to look to post a new thread but in vain.
    We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.

    On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be




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  • Ann Ruben
    01-12 10:15 PM
    You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.

    I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.

    Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.




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  • ca_immigrant
    05-15 05:04 PM
    Thanks for the reply !

    Does anyone know if it can be mailed out of the country or brought by somebody else who is travelling to India ?

    I remeber reading something about it earlier on this forum but could not search it out/

    Regards,




    skd
    08-11 11:20 AM
    Here you go!

    I have Sept 2004 date , I can not vote in both Polls




    dixie
    10-02 02:46 PM
    If you have an approved I-140, you can port the PD as long as your original sponsor does not withdraw his petition. Since your company is being acquired (as opposed to you quitting on your own) it is highly unlikely that your petition will be withdrawn. So as long as you continue doing a similar job as the one for which the LC position was advertised you should be fine.

    Hi All

    Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question

    Q1. What happens to my GC process?

    Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.

    Q2. What are the things I can do proactively.

    I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...

    I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.



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