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Thursday, June 16, 2011

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cahimmihelp07-15 12:56 PMHi,

This is my second effort to get the answer. There are so many posts on this kind of topics but I am not getting any clear answer. I would appreciate if someone can throw the light on this topic.:confused:

I am working with a consulting company and my company filed for my GC in 2009 (PD is 25-Feb-2009). I received my I-140 approval on 28-Feb-2010. Now the client where I am working, has offered my a fulltime job and GC processing. I have received mutual consent from my current company for any legal issues. Now, if I join the new company and file my GC from there, can I port my Priority date for the new processing? Also, what should be the earliest joining date? What all other precautions should I take while filing GC with the new company?

I received the offer on 07/09 and have to give my decision by 07/15. I would appreciate if anyone can help. I got one day extension in deadline. Please answer someone...

Thanks a lot,

CAH



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fromnaija09-14 01:26 PMThis issue was previously discussed here. In that thread I do not agree with user frostrated who stated that he reentered with an AP that was approved while he was outside the US. That may well be the case but I believe if CBP agents at the port of entry were vigilant he would have been refused entry.

http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599409-parole-question-based-on-murthy-com.html#post1975354



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reno_john06-16 02:02 AMIf you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!


Any F1 visa spouse can apply for I-485 the only legal cause is that at the time of filing spouse status should be legal, found from my attorney.
As per my knowledge when I was a student, the internation center updates the Sevis database and also writes on the I-20 that the student is accepting OPT and so a EAD needs to be issued. And on the EAD it will mention that the EAD is for OPT, so EAD for I485 is differect from EAD for OPT.



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TeddyKoochu06-25 04:42 PMIf you look at the typical client letter RFE they normally state that your comapny is in consulting practice. So if your comapny's product development practice is big then try to file the new H1 with a detailed covering letter which detail both comapany practices stating that you will however work in product development. For your specific project try to have project plans or MPP showing your role as part of your petition details over the project duration. All the very best.

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immiusa09-13 12:12 PMHello,

This is my opinion and I am not a lawyer.

I do not think usa consulate can track spouse unless otherwise specified/applied for H4. Since you both have individual work permits. You will appearing like an individual. So, there will be no questions regarding spouse status.

Regarding your H1b deniel laster year. I have not heard of such cases. But one thing. USA consulate can ask for more evidence regarding the job offer in USA. They may even say that your job offer do not seem valid.



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GKBest10-23 08:52 PMI got the mail today....

PD - 2004 August
485/EAD/AP RD - July 3rd
ND - October 11
EAD Card Production ordered - October 22nd.
FP Notice - Waiting
AP - Waiting

SAME HERE. WE ARE INDEED IN THE SAME BOX. HOPE WE GET THE GCs AHEAD OF SCHEDULE:D

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mytrix7601-10 01:50 PMShe can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

Thanks

Thank you guys.
So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?



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greensignal12-31 11:04 AMthanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

You can use your h1b to work after returning to US on AP.

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casper2107-27 11:14 AMHey ags,
Sorry for asking many question, when you are trying to find answers to your problem.
I'm trying to figure out my situation, you have replied "As long as marriage is before 485 it can be applied." : before 485 means the day of filling the I 485 or the day of I 485 Approval ?

Which means I can do just the registration of the marriage in my desi (legal) before the I485 approval, then come back to USA, apply for Counsular processing (I485) for my spouse with in 180 days, once spouse's application is approved spouse can come to USA?
*** IS this possible?



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shaikhshehzadali12-28 09:14 AMI can see it in my browser. Good news for NSC as most of the dates moved significantly. Expecting to get news on my I-140 by May 2008 or earlier.

Which world are u? These dates are there online for more than 2 weeks now.

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nixstor08-08 09:53 PMI guess he is trying to lift the sunken spirits of the IV members. But I feel that if SKIL goes through, we will be fine. It all depends on SKIL



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gc_chahiye10-02 03:06 PMI recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks

appeal is the only way out. With the I-140 gone, so is the 485 and EAD at this point.
You cant port the PD (porting PD requires an approved I-140)

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gc209-23 11:11 AMi am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.

thanks



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kmk200210-09 06:31 PMis SOC_CODE 999.151-051 (from case data at FLCCenterdata.com) is same as 15-1051.00 mentioned above?

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glus05-31 09:10 AMThank you for contributing!!!!

:D :D :D :D :D :D :D :D :D :D :D :D :D :D :D



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StuckInTheMuck08-04 09:53 AMAnother July 2 TSC filer. Got email today about RFE notice sent (don't know yet, but guess is medical - skipped this form in the original petition to beat the July 2 deadline).

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shsharma_200010-23 02:14 PMMy friend's in-laws were not allowed to board on one-way ticket because they had visitor visa (B2).
They called from airport and he had to book the return ticket rightway to get them boarded.
Check with the airlines..



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aadimanav09-05 04:05 PMThanks for telling me.



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neha_garg12301-07 10:09 PMI am sorry for "atrocious" english. I guess I am just very nervous. Lemme reprahse:
I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
Now do I make some sense?



GCard_Dream09-15 04:31 PMI am not sure if this is entirely true. Yes we can't vote but folks who are pro-immigrant can and they will decide if legal immigration is good for this country or not. Trust me, if everyone was against legal immigration in this country then none of us would be here in the first place. Everyone knows that there is a shortage of labor and migrants are needed to fill the jobs.

Why do you think most of the minorities vote for democrats? One of the reason, amongst various others, is that people think of democrats as pro-immigration party. In fact that's one of the reason I like dems.

Because of this 9/11 case, everyone is kind of worried about the security and it makes sense. Americans want to get a handle on who is coming in and who is going out and I can't and won't argue against that. Everyone wants to live without the fear of terrorism and that's understandable.

To make long story short, there are plenty of people who will vote based on what the candidate's standing is on the immigration. In fact, that's precisely the reason house didn't bring up the immi bill this year because they didn't want to have their candidates vote one way or the other on the immigration issue and have to explain that to voters in couple of months.

Everybody knows about legals and illegals. Will it gain any grounds for them to get big vote this november is important. The SKIL bill or any legal provisions in the CIR will not fetch even a single vote for them. In fact it MAY reduce the vote from anti immigrant groups if they add anything for legals.



philly200408-26 12:55 PMBluez25:
Congratulations on your successfull interview.

Can you share what form of marriage certificate you produced.
I had my interview last week and the Mumbai consulate was not ready to accept the certificate that was given to us by office of registrar.

They asked for a 'Memorandum of Marriage' which seem to be what married couples get in Maharashtra and Gujarat. I was married in M.P. and never received such a document.

Marriage invitation, photos etc. were not acceptable to the immigration officer at Mumbai.

your input will be very helpful.