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  • surabhi
    05-21 09:29 AM
    (a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

    (b) I have an approved I-140

    (c) My 485 has not been filed yet

    (d) I just got my H1 approved and it would be effective from Oct 1 2008

    So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

    1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

    2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

    3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

    4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

    5) Within how many days of joining my new Employer B should I file my new I-140?

    6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

    7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

    Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.

    1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)

    2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
    3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
    4.there is no premium processing yet for I-140
    5.It has no bearing. Its upto you.
    6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
    7. See above

    this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.





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  • ImmiLosers
    10-06 03:42 PM
    HE likes RED though..

    How can I check mine?:confused:

    And what does 3 red dots on my messages mean?

    Thanks





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  • coolblues
    08-25 10:55 PM
    HHi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance

    Hi Friends, After the initial denial notice my consultant confirmed that he'll appeal for my H1B case. Whilst he was not disclosing much on the documents front (appeal notice and dates). on 21st aug he told me that he is working with the attorney on the appeal and that, it was going to take a while.
    Now yesterday I got this email from CRIS
    ================================================== ===
    The last processing action taken on your case
    Receipt Number: XXXXXXXXXXXXX
    Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 24, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
    *Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message
    Sincerely,
    The U.S. Citizenship and Immigration Services (USCIS)
    ================================================== ===
    My consultant/attorney haven't appealed back and it's highly unlikely that USCIS did recognize some apparent mistake of theirs and decided to reopen. SO, does this mean that my consultant has withdrawn the H1B petition ..? I suspect that he's trying to save his ass by doing so (to avoid USCIS furore)

    Your comments are appreciated..!





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  • dsneyog
    01-15 09:07 AM
    Great, so I see so many fast cases here.
    I had all my docs well organized, also put tabs corresponding to the list numers on cover letter for quick access. I also included self addressed prepaid priority envelope.

    I paper filed at TSC on Dec16th got approval on Jan11th, the pace is pretty good considering the holidays in between.
    There are several factor which helps aid in faster processing of the applications, mainly the required docs has to be in order and complete.



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  • nefrateedi
    08-29 12:03 PM
    Could someone please, help me with the following situation; HERE IS MY EXPLANATION:

    ....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.

    Please tell me if I'm accurate about this matter?


    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!
    Your help would be highly appreciated!

    When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.





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  • anilsal
    08-05 04:13 PM
    from annualcreditreport.com (this is a site from the 3 credit agencies), you can see all the addresses that your credit card bills went to. So there is a record of where you actually lived in the last 3-5 years.

    By the way, by law you are entitled to a free credit report annually. You can get it from the afore mentioned site.



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  • tinuverma
    11-09 10:18 PM
    NKAVJS, thanks for the response.
    I know what to do now





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  • fall1998
    05-12 04:19 PM
    Those users who are pending are not PWMB and they had applied earlier, is that right?i



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  • corleone
    11-06 10:17 AM
    can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..

    thanks,
    srikanth

    http://www..com/discuss/485eb/50526069/





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  • LONGGCQUE
    05-12 04:16 PM
    A friend at my workplace is current and is waiting .... I know atleast 3 cases at my workplace who are current in May bulletin and waiting



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  • ihabosman
    08-13 11:52 AM
    Thanks for the update - Lets give them 1 more week for clearing July 2nd.
    They are human beings too like us.

    By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?

    Thanks!


    Not so........According to my lawyer, they just received my I-765 receipt. Ironically my I-765 was filed in conjunction with my I-485 and I-131 applications on July 2nd!!!.....To deepen the mystery, they also received my wife's I-131, which was also part of her I-485 application!!!...... USCIS data entry practices are definitely intriguing to say the least...:confused:





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  • snathan
    01-13 04:28 PM
    Hello folks -

    I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.

    I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.

    Do you think showing business income on form 1040 will have any impact on the processing of I-485?

    Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.

    Thank you!

    What you did is unauthorised employment. You can not do anything to move forward. Keep your fingers crossed and wait...



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  • prdgl
    06-28 12:06 PM
    The immigration bill before the U.S. Senate just died, likely preventing any more action on the volatile issue until after the 2008 presidential elections.

    Supporters of President Bush's plan to legalize millions of illegal immigrants and create a new guestworker program fell 14 votes short of the 60 needed in a test vote this morning. That vote would have limited debate on the bill and cleared the way for passage later this week, but senators voted 53-46 against that plan, killing the bill.

    The vote was a huge setback for President Bush, who from the beginning of his presidency has sought to change the nation's immigration laws while beefing up border security.

    Republican conservatives, including Texas' U.S. Sens. John Cornyn and Kay Bailey Hutchison, opposed the plan, calling it amnesty for people who broke the law by entering the country without proper documents





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  • Bobby Digital
    October 21st, 2005, 11:25 PM
    Has this group of talented people ever got together and met each other in person? I would love to meet all of this talent in person!!! Swap ideas and show off our best. Any ideas??



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  • STAmisha
    08-13 08:58 PM
    Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.





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  • ImmiLosers
    03-11 08:26 PM
    I-94 is proof of your valid presence in US. You should not be having it if you are not in US. You will get one once you come back. Do not leave Airport without getting one;)



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  • gcformeornot
    10-16 07:07 AM
    was some issues with employer like A2P or something....





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  • AllVNeedGcPc
    10-20 12:10 PM
    ...just three soft LUDs in 18 months

    - NSC Filer





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  • obviously
    12-08 12:52 PM
    HELP get us out of our 'Great Depression'.

    American businesses are facing a serious crisis: an unprecedented sixteen-month restriction on access to new H-1B visas for temporary professional employees, coupled with an ever-present, continually growing, and now crippling employment-based (EB) green card backlog for permanent hires. I urge you to take immediate steps to fix this problem in the lame duck session after the November elections.

    In support of SKIL and other relief measures for High Skilled Immigrants:

    A. NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
    HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!

    B. CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
    HARD TO BELIEVE? Just look at highly skilled professionals with H1B's stuck in companies and jobs for *years* with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available. They are indentured labor because of retrogression and backlogs with visa numbers.

    C. HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
    HARD TO BELIEVE? Just look at wives of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.


    It is EASY for us to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!

    Respected elected official, I urge you, beg you, beseech of you to please consider the net-economic value and social value that we, the highly skilled LEGAL immigrant workforce continue to bring to the USA.

    We seek neither entitlement nor social promotion
    We seek no social service
    We seek no special treatments

    We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!

    History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?

    The lame duck session offers the last chance this year to provide American businesses the relief they urgently need to remain afloat and retain their competitive edge over companies around the world. Only by permanently increasing the H-1B and EB cap numbers, as the SKIL Bill introduced in both the House (H.R. 5744) and Senate (S. 2691) proposes, and as was also passed in the Senate as part of its Comprehensive Immigration Reform package (S. 2611), can American businesses continue to function.

    Crisis with EB green cards. Backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs American businesses need. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in our country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.

    Every day that passes without access to these high-skilled workers is a lost opportunity for growth, productivity, and innovation. But this need not be the case.

    YOU can make the difference to the lives of thousands of hardworking professionals that love the US of A and their families for generations to come. HELP get us out of our 'Great Depression'.

    Please, Sir, I BEG of you, as a highly skilled professional, I have high hopes and dreams of continuing to contribute to this great economy and nation. Help support legal immigration relief and provide a sliver of hope to people like me, so that we can see our families and next generations become integral contributors to the fabric of this great nation.

    We are helpless, but not without hope.
    We are powerless, but not without pride.

    In God We Trust, In You We Entrust, our lives and livelihood;





    danila
    07-27 07:45 AM
    Part 6 , Processing Information On Page8 of I-765 Instructions states =>
    "Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."

    Notice that Interim EAD is for ASYLUM Applicants.

    Not true. It is 30 days for the asylum based apps and 90 days for the rest.





    chanduv23
    07-19 10:19 AM
    Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.

    Excellent question. It depends on the institution's knowledge of these complexities.

    We must ask specialists like Greg Siskind or Stephen Perlitsh.

    It would be a good idea if we setuup a conference call with either of these residency gurus, unless you know someone else who is the best.

    There is a group called IV Physicians, 'paskal' runs this group. So if you are doing research, residency etc... you must join this group.



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