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  • Ann Ruben
    06-18 07:17 PM
    If your wife wants to transfer to a cap-subject employer, she will only be able to do so if the H-1 quota for the fiscal year has not been used up. If the H-1 cap has not been reached then transferring from a cap-exempt employer is no more difficult than transferring from a cap-subject employer. (though the new start date would have to be Oct. 1 or later)




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  • shruthii_1210@yahoo.com
    10-09 03:30 PM
    Hi,
    I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.

    Also is there any way i can get the receipt number of I140 by calling the USCIS ?

    Please help!

    Thanks




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  • MIK18
    01-14 09:13 PM
    It took 8 months for the paper work,running ads etc.
    It was filed on Nov 9th and my HR got approval on Jan 5th.

    EB3 and EB2 from same Company.




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  • gcpool
    11-16 09:07 AM
    You should not apply 6 months in advance. You should apply 3 months in advance because if you do 6 months they might approve in a month from the date you applied and the new ead will start from the day it gets approved. Applied 6 months in adv and now lost the rest of the months of current ead. Dont listen to the customer service guys they dont know anything. They told to apply 6 months in adv and when I called them after approval they were helpless to even replace it for the actual term.



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  • newtoearth
    03-11 07:41 AM
    Dear fellow IVians/ Lawers.....

    Please help me

    I am on my H1B 6th Year Ending and my H1B valid till 2012 Sep 30 with my Current employer company A Which is a desi consultancy company.

    I have a approved I140 with company A. With PD of March 2008. I 140approved in OCT2008
    Cargability - India
    I485 - Not yet filed:o
    ----------------------------------------------------------
    on March 1st company A announced that they will be merging with company B.

    Company B Sent us an E-mail saying that they are acquiring resource group of company A.

    :confused::confused:

    When we questioned our old employer company A, they told us that yes company A will remain in existence but all human resources will move to company B :mad: All other assets and liabilities will stay with company A.


    -------------------------------------------------------------------------------------------
    I am in lots of confusion...and questions...heap of troubles it seems...
    Please tell me

    1. This Situation can be called/categorized as Aquisition/Merger?
    2. Will my I140 quilified for Successor of Interest if company B is ready to take over and sponcer GC for me?
    3. Or do I need to go thru the whole process of ADS, PERM, I140 path to come to current state?
    4. What happens if my PDate (Old, and assuming that in either case I can port my PD??) is current before company B's I 140 got approved? Can I file I 485 based on my company A I140 As company A still exists???
    Are there any complications involved in this?

    5. I am assuming that I am qualified to entitile 3 Year H1B visa with company B based on my company A approved I 140. am I correct?

    6. What happens if company A is going for bankruptcy before my H1B transfer?

    7. What happens if company A is going for bankruptcy before my I140 approved with company B and port I140 PD?

    8. also I heard that Company A may required to pay some amount to the employees(20K ??)? Any idea on this?


    Kindly help me!!!

    Thanks in advance....




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  • gc28262
    03-15 11:26 PM
    Please see the link.
    http://immigrationvoice.org/forum/blog.php?b=39

    The new job has to be same or similar irrespective of whether you transfer on EAD or H1.



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  • aguy
    07-26 08:18 PM
    hey guys,

    i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?

    I will appreciate any help.

    thanks

    ashish




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  • aniraj
    02-07 01:10 PM
    Just for the information & thought would share the experience:
    My wife & Daughter visited CAnada: my wife with a valid H4 stamp till Jun 2011 & my daughter with AP since she had no stamp of H4 in her passport (She had a renewed H4 I 539 but did not restamp)
    While going we went to the check in counter & asked the lady at check in counter to remove the I-94's
    While coming at Toronto airport my wife got the new I-94 stamped till June 2011 at the immigration counter & then she went to secondary inspection room with my daughter for her AP & I-94 stamp. Other thatn an hr of wait everything was normal. The lady at secondary inspection asked my wife if the daughter has unexpired H4 & my wife said no but she has the renewal notice till June 2011 & offered her if she (the officer) would liked to see it but she said no.
    Then they had to wait for an hr as there is no token system once you submit yr papers at secondary inspection & they call you in random order near the window again. When both of them were called instead of the initial lady officer there was a guy who actually was very nice & in fact taleked to my daughter about how she liked to live in US & about the recent weather & big snow storm etc.etc & they were through to the gate for boarding!
    One interesting thing though is my wife flew united & she printed the boarding passes on line with every information regarding the documents pre entered but the lady on first immigration counter said those were not the correct boarding passes & she had to go again to the check in counter & get the boarding passes again from the check in counter.
    So I wonder if it is useful to web check in when you are travelling to Canada & coming back thru US immigration
    Rest was all well without any issues.
    Thought would help all those who wanted to know.



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  • mwin
    08-30 10:00 AM
    Your wife will have to wait till your PD becomes current. Then only she is eligible to apply for green card.


    Hi,


    I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.

    During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.

    what are the possibilities to include her in my greencard process?

    Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.

    My Case Details

    Labour Filed (Perm)--------------------------> Jan-2006
    Labour Approved -----------------------------> April-2006
    I-140 Filed -----------------------------------> Aug-2006
    I-140 Approved --------------------------------> November 2006
    I-485 applied only for myself --------------> July 20,2007
    First entry into USA------------------------>January 2000
    H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)


    Thanks
    -Kishore




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  • ameryki
    02-16 02:29 PM
    this is not consistent. I just booked appt for my in laws yesterday 54 year old but did not get 157 pop up just 156. hope this helps.



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  • krishnam70
    03-26 08:07 PM
    Hello all,
    If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
    I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
    Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
    The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?

    If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.

    You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.

    - cheers
    kris




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  • Lisap
    09-11 12:21 PM
    I received my EAD card a week before I received my fingerprint notice....



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  • vfx
    07-09 11:52 AM
    Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?




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  • bank_king2003
    04-23 06:49 PM
    Thanks aruben for your reply.

    the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.

    Regards,



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  • wc_user
    07-19 12:27 AM
    I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.




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  • gcdreamer05
    02-03 12:00 PM
    This is pure misuse, why the heck should one work in night shifts ..........

    It is employers market now, so they are jsut abusing, and this is mainly there in desi employers...



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  • drirshad
    09-16 04:53 AM
    Your husband could have answered this question with his 8th year extension in progress. But here it is, once you start working for a company on H1 and they file ur GC starting with LC and if the process is pending for a year then u get automatic extensions going forward. With PERM the LC is getting approved more faster and you should have it within the year. As for H1 to wait until oct 2007 that will be for new H1's if u were already on a h1 before you can convert to one anytime not waiting until oct2007. :)




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  • visa_reval
    03-14 03:46 PM
    and I dont have an answer for it. Can somebody point us to the doc pls.




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  • Student with no hopes
    04-15 11:48 AM
    Graduated from college last year, finally found a job that I really like. Currently on OPT. Just curious to know how long will it take for employer to apply for labor and I-140.

    I know most of you are thinking - "are you mad, esp with current gc situation? " the thing is I like it here. My relatives and friends are here. I am hoping that with so many people stuck in the gc process, somebody has to fix it soon - and I (& other newcomers) will benefit from better immigration policy.

    can any one let me know how long the initial stages take currently?




    amitjoey
    07-24 03:29 PM
    It is illegal to overstay on a visitors visa, for that matter it is illegal to stay on any expired visa.




    nid
    06-13 10:15 AM
    Thanks!

    What are the other ways to accept the payment other than 1099 for the 2nd job on EAD?



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