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  • Giri Velamore
    02-10 03:03 PM
    Hi
    I saw the news about the passage of the stimulus proposals in Senate. Already there is a debate about dissociating the clause of 'Buy American' from the Steel sector. President Obama has mentioned that he doesn't want to have protectionist approach in the Stimulus package. So, in my opinion the proposal of Senators Grassley and Sanders about recruiting American workers for TARP funded companies might not be implemented. I agree it is a case of having a positive expectation whereas the members are preparing to face a bad situation.





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  • dealsnet
    10-07 03:14 PM
    Your earlier post sound she filed for you.
    Once you file I-485 for her, her age will be frozen.
    But GC is for unmarried children.
    If she is married before GC and USCIS knows about it, they can deny her petition.
    If she marry a H1B guy, she can take H4 visa.
    Consult a lawyer to find how to keep her in 'STATUS'.

    When she was 19, I applied for her on behalf of me.
    She was my dependent.





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  • nashim
    07-28 09:35 AM
    If you don�t want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.





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  • chanduv23
    05-30 11:12 AM
    They will change the text on house bill appropriately if they decide on points system and get support.



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  • gccube
    04-23 11:44 PM
    Please see my signature for details. Good luck to all of you.





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  • India76
    09-17 01:53 PM
    On different note, I just realized that I have one red dot against my name... :-) I never posted anything to offend anybody.. How can see who gave me a red dot and for what reason?



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  • setpit_gc
    08-13 04:15 PM
    643 people viewed this so far but only 2 responded.

    Please I need more views before I make decision





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  • Eternal_Hope
    04-07 10:32 AM
    Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.

    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    MANY PEOPLE ARE IN A SIMILAR SITUATION.
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    THAT'S WHAT PEOPLE SAY.
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
    IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.

    AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!


    Thanks

    ALL THE BEST!



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  • GoneSouth
    03-21 10:40 AM
    Hi Nickhil,

    See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.

    You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.

    With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.

    - gs





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  • immigc06
    08-14 02:13 PM
    ok. Any other suggestions?.
    I think you should go to lawyer and resolve this.



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  • jayleno
    08-28 11:48 AM
    Be doubly sure that this is a standard response for SR or otherwise from USCIS. Customer service says the same. Sometimes infopass too.





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  • sreedhar23
    04-21 12:15 AM
    Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.

    MSR



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  • bsbawa10
    06-11 08:23 PM
    Sorry, for this dump question, but is Fp done very year until you get your gc ?





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  • anuh1
    03-24 02:21 PM
    I am also in the same boat. i have applied for PWD on second week of Feb but still waiting. it looks like it is taking around 6 to 7 months just for applying labor and after that approval will be one more year assuming no RFE.



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  • fatjoe
    09-05 10:16 AM
    Same here. All filed at NSC. Filed for EAD and AP on Aug 10th. Checks got cleared on Aug 24th. But did not get the reciept notice yet. Why is it taking so long a time to get the REceipt notices for EAD/AP, where my checks were cleared a couple of weeks ago.
    Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
    BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
    Thanks.





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  • nikamd
    05-13 08:31 AM
    I am in the same boat. Current from March.........but nothing yet....:(:(:(:(:(:(



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  • sweet_jungle
    11-17 12:26 AM
    it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.

    Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.

    The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.

    In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.





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  • salai007
    07-17 06:05 PM
    My Big thanks to IV core members !!!





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  • wandmaker
    10-07 07:36 PM
    My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.

    Get your I-94 corrected - BTW, staying beyond I-94 date is unlawful and you will be barred from entering US.





    Arjun
    05-05 05:41 PM
    Please do something to change it or try delete/add. :o





    sweet_jungle
    12-29 09:52 PM
    3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney


    I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
    An actual case would be helpful.



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