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  • number30
    07-27 04:46 AM
    Hi

    I lost my job in January and since I was not able to get a new project. So, returned back to India in May'09. My AP was valid till 21-July-2009. I did not file for extension while in US.

    Now, I am getting a job in US and the employer is asking if I could join immdiately. Please let me know:

    1. If there is any option for me to renew my AP from India?
    2. Any other options, since my H1B got expired (6 years) in May'09.

    Note: My EAD is valid till June 2010.

    Thanks for your help.
    You cannot file AP while you are out side US.

    You can still apply for seventh yeat extension and go for stamping.




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  • jsb
    11-13 12:54 PM
    I was employed by company A until from 2004 thru May'07 with labor and I140 approved in 2006, I was laid off from Company A in May'07 therefore I joined company B in June (transfered my H1).

    In July , Company A agreed to file my I485 under future employment as all the EB catagories became current but I still work for company B (H1 with company B), now since in Jan'08 it will be past 180 days on my 485 application.

    Can I file AC21 to change my employer to Company B and continue my I485 through to Company B?


    Answer is Yes. Company B should be prepared to confirm that they have a job (same/similar as in original LC) which they will offer you on permanent basis upon your getting GC. Note that current job with B is on H1 (means it is not permanent).




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  • glus
    01-20 07:56 PM
    Has anyone been able to call USCIS premium processing toll free number today and talk to an Officer. I have been unable to get to an Officer today but was able to talk before. I am wondering whether there is a limit on how many times you can call(I have called 3 times so far in 10 days) or if you can't call after so many days have passed after your application is approved.

    I have been contacting to get my priority date corrected on I-140 approval. Please respond if anyone has information

    You cannot fix a priority date error through a phone! This is a serious thing and would need to be corrected through a letter from an attorney or something like that.

    G




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  • sukhyani
    09-07 05:16 PM
    Anyone????

    Priority date is the Filing / Receipt Date of your Labor Certification.



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  • fromnaija
    08-29 01:09 PM
    I would say 30 days after August 23 since that is the latest advert you ran for the job.




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  • user_5
    01-23 09:58 AM
    No my H1 is from different company.
    Again thanks for responding



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  • tnite
    09-13 02:10 PM
    Is it possible to change to Consular processing while I-140 and I-485 is in pending.

    I filed 485 in Aug and do not have the receipt either.

    Kindly advice.

    If you search murthy forums ,there is a Q&A about this.Its easy to switch from CP to AOS but difficult the other way around.

    check q2. in this pdf (http://www.jackson-hertogs.com/jh/faq/5051.pdf) document

    Consult a lawyer




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  • gcseeker2002
    01-03 09:54 AM
    Labor substitution is not an option anymore. I have PD Dec 2002 EB3 India working on EAD.
    I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
    What is a probable timeline for Eb3 to Eb2 porting ? If we are already using EB3 EAD and not renewed old H1b, is it still possible to apply for Eb2 labor ?
    Thanks.



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  • Berkeleybee
    02-23 08:33 PM
    All,

    I'd mentioned the Silicon Valley India Community Centers (http://indiacc.org/Default.aspx)here before. They are apparently large, well run and well funded.

    They put us in their Feb 23 newsletter (http://app.e2ma.net/app/view:CampaignPublic/id:866.206866750/rid:9942a913fae5c7ff928f6dce7356fc38). They got the description a bit wrong (workers on temporary visas), but hey they put our link in there.

    I'm also working on having IV appear at some of their other events in the near future.

    best,
    Berkeleybee




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  • ram006
    07-16 09:01 PM
    Hi,
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?


    My main concern is on her status, any input will be greatly appreciated.

    Thank you.



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  • ghost
    09-08 02:22 PM
    yes, securing the borders is the must-pass bill for the republicans in the next three weeks.

    I sincerely hope that they would include SKIL provisions in this for economic security.




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  • st4rguitar
    04-06 01:22 PM
    Hi,

    My Company applied PERM in Sept'07 at Chicago. Till now company hasn't heard back yet and now employer is planning to file one more PERM appl. through different Lawyer. Can we file one more application without hearing/know the first case status?

    Appreciate the reply.

    Thx...

    You cannot file a new PERM under the same position under the same company while the other one is still pending.
    The DOL states an "average" processing time of 90 days, which may be extended based on whether or not an audit or multiple audits are issued. We are however noticing the average processing time is about 4 months or so.



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  • docker
    06-09 05:43 PM
    Experts,
    can somebody answer my questions or point me to a resource?
    thanks,




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  • fcres
    01-17 10:37 AM
    Is there a provision to port my PD to my child (not born here) plans to come back here sometime in future!!


    (FUN Intended)

    I think it is possible according to this cfr 22CFR Sec 45.2 (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)

    Sec. 45. 2 Priority date of applicants.

    The priority date of an alien who is the beneficiary of a petition approved by the Service to accord status under section 124 of Public Law 101-649 shall be the filing date of the approved petition, as determined by the Immigration and Naturalization Service. The priority date of the spouse or child, accompanying or following to join such an alien shall be the priority date of the alien spouse or parent.



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  • santa123
    11-03 07:35 AM
    inline..

    Thanks for your reply meridiani.planum.
    I precisely wanted to know if there are any forms like DS-146 for L1B renewal, where we officially communicate our immigration intention.




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  • iak220974
    12-28 01:30 AM
    Guys,
    I switched my job in first week of October this year and My new employer filed the H1B transfer petition on Sep 26 (USCIS Receipt date). It has been almost two months and USCIS online status still shows case received and pending, while California State Center processing dates shown Oct 15 which is 20 days after Sep 26.
    Is there anyone who has expereineced the same and want to share?
    I am bit concerned because my employer has started the GC process and will be ready to submit the PERM application in few weeks.
    Thanks in advance.



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  • dc2007
    08-09 09:15 AM
    Anybody has some sugestion or experience on this ??




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  • morchu
    05-03 08:51 PM
    1. You dont need to extend I94. The pending 485 petition keeps you in legal status. You can keep working based on EAD.
    2. Yes you maybe able to switch back to H1B. But NO, you may not get 2 years (the clock doesn't stop).

    1)My I 94 expires in 2 months.I don't want to extend H1 and I want to use EAD.So how can I extend my I94 if I start using EAD?

    2)I finished 4yrs of stay on H1B. If I don't extend H1B now and start using EAD, if by any reason my 485 denies in future, can I switch back to my H1B and work for the remaining 2yrs on H1B?




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  • TomTancredo
    03-02 04:57 PM
    Looks like there is a huge backlog of perm applications. I am not sure if they will look at your application anytime soon. If your application is pending more than a year at least you could apply for extension of H1.

    It will be delusional on our part to think that perm applications will have an easy approvals.




    geevikram
    06-30 12:31 PM
    very nice post.




    ck_b2001
    08-19 02:07 PM
    I have a generic question which some you might know the answer to:

    1) Why TSC is late in issuing receipt compared to NSC?
    2) Looks like more applicaiton were filed at NSC than at TSC, Why?
    3) Why even then TSC is late in issuing reciept?
    4) Which one is faster in approving 485, TSC or NSC?
    5) Does any body know how many application each service center recieved during the VB fiasco?



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