Miyerkules, Hunyo 29, 2011

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  • prince123
    03-11 04:34 PM
    Hi,

    I was working with company# A as Electronics Engineer from Dec �03 to Jan �07 on H1B visa, Company# A filed my GC in May �05 (as Electronic Engineers (Except Computer), 172072.), then later I got very good opportunity in IT field, I quite Company# A and joined Company #B because I build very good relation with Company #A and there were ready to continue my GC file. In August �07, I filed I-485 (I got EAD based on pending I-485). Now Company #B giving me lay-off, so my question is �

    Company# A still want to hire me after I got GC (because they were very happy with me, right now they don�t have position to hire me back), In this case can I continue working in IT field on EAD status (right now I am on H1B). My current (IT) and Labor profile are both different.

    Thanks for your time.




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  • HV000
    03-06 04:20 PM
    As far as I know, since you are past 180 days of 485 filing, you are ok. You can stay in the country based on your pending 485 application. You can take whatever time it takes for you to get a job in your same/similar job classification. However, if your 485 is close to approval, then you need to hurry to find the job, since a job offer is required at the time of adjudication of 485. This will depend on your country of chargeability and PD. If you are from India/china/philippines/mexico with a later PD, you should be ok as long as you find a job in the same or similar classification.

    Others can correct me if I am wrong.

    What impact does this have on H1B holders who are ALSO AOS applicants? How much GAP can they have while on H1B?




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  • rajuram
    05-05 11:28 AM
    does anyone know when they will discuss it - in the house and in the senate?




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  • vivache
    09-18 07:45 PM
    My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
    Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.



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  • tawlibann
    07-09 01:25 PM
    What is your PD & EB Category please?

    How is that relevant? The guy said the date is not current.

    I'm guessing the email he got was a standard form email created before July fiasco when having an open 485 application pretty much meant your date was current. Now this is no longer relevant. They won't make a decision until the PD becomes current, and even then they may follow up with RFE about whether he still holds the same position, etc. So pretty much he shouldn't expect to hear anything from them in 60 days regardless of what he email says.




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  • YetAnotherDesi
    12-25 12:13 AM
    Friends,

    I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
    I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.

    I understand that she can get an EAD only when my PD becomes current.
    Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).

    Any other potential pitfalls in this particular scenario?

    Any pointers would be useful.

    Thanks in advance.
    MC



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  • vikasgarg24
    07-12 10:09 AM
    I think this become a problem for USCIS. might be they have some political pressure "not to allot Visa" and I dont think they will reversed. That I say American dadagiri. Rules for others only not for them




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  • HRPRO
    03-08 03:55 PM
    It is always better to maintain the H along with the EAD/AP. If you apply for PP, you will get the approval within 15 days and include the 539 petition for yourself along with the H-1 petition.



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  • B3NKobe
    04-08 02:11 AM
    Sweeeeet! Man thats nice!! Kirupa changed the template on his sticky thread, you should change your content onto the new stamp template, itl look nicer with out that cedy old grey background behind it...:D:D




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  • pscdk
    08-30 02:12 PM
    I applied my 485 as a single on July 17th.
    I got married and then applied my spouse's on Aug 16th.

    Since I am married now, will that cause my application to get rejected as I applied as Single.

    I am not sure how would this be handled at USCIS end ?

    Any idea ?

    I believe your application won't be rejected as you can always add on your spouse to your 485 application after you get married, before your 485 application gets approved or rejected and when your priority date is current



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  • gc_kaavaali
    06-29 05:45 PM
    http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/16239-my-gc-got-approved-while-abroad-how-do-i-re-enter.html




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  • sbmallik
    06-26 08:31 AM
    Probably this is a case of processing error. The I-485 was denied based on I-140 denial. I would try for MTR on the I-485 with I-140 status.



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  • willgetgc2005
    04-28 11:37 AM
    Hi,

    Any experience with this law group for EB based GC ? Please do post. Thank You !




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  • casinoroyale
    07-01 04:13 PM
    Thanks Reddy.

    CasinoRoyale,
    My question exactly, There are so many so called consulting company which might do it for a cost, but is it legal.
    Reddy, says yes. Anyone else?

    Consulting company doing it for a cost? Sorry, I did not understand. Why do we need consulting company? What costs?

    Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.



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  • GCNirvana007
    08-19 06:02 AM
    Those who can afford to go to an USCIS office, if you have proper evidence, they issue AP and give it to you right there.




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  • buehler
    02-12 08:28 AM
    My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.



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  • dentist1
    08-14 02:26 PM
    what is the LUD date for all 3 of you, is it the same.




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  • rk2006
    11-23 06:08 PM
    Hi,
    My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.

    My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
    1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
    2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?

    I appreciate for any response!




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  • bestia
    07-20 02:02 PM
    Hi Gurus i need your help, here is my situation :
    Currently I am working for company B and have not started PERM process yet from this company. But i have an approved i 140 from company A and my lawyer is saying that i can go ahead and file 485 on the basis of approved I 140 from company A. Meanwhile he will start PERM from company B and he is saying that by the time USCIS open my application of 485 and create RFE I will have I 140 approved from company B and since it's the exact same job we will be able explain USCIS about the intent of filling.
    Is it ok to go ahead and file 485 becoz i will not have the employer's letter from company A and also the paystub will be from company B and not A.

    Am i heading towards trouble ??? please help GURU's

    thanks in advance.

    What's your PD? if it's around 2002/2003 - then you will become current after Oct anyway, so you can apply with "clean" 485. Then I wouldn't bother. If your PD is 2006/2007 - then it's worth trying, it may work. At the worst case 485 will be denied, you will then file another "clean" one in that case.




    lelica32
    07-31 10:03 AM
    Nobody knows a answer




    thakkarbhav
    02-07 12:24 PM
    First complete your profile so person who is viewing your case understands you better.

    You have enough time. Find new job and then new employer can process your Eb2 GC. I-140 can be done in 15 days with premium processing.



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