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  • snathan
    05-05 02:55 PM
    Hi All,

    I would like to know if porting an EB3 Labor & 140 to EB2 with the priority date is possible?
    I am currently on h1b, I am planning to join a new company and I qualify for EB2 category.
    Is it possible to port priority date of my EB3 to EB2?? with my new employer?

    Thanks.

    Per the 14th amendement, people with name 'Archana' can not port from EB3 to EB2...:eek:

    Yes, you can port.




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  • Sammo
    04-23 05:29 AM
    Thanks a lot MTSoul and λ :) Much appreciated.




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  • ratikanta
    08-06 01:33 PM
    Company "A" had filed my H1B transfer after I accept their offer. I signed the offer letter
    In offer letter no where it is mentioned that if I leave company , i have to pay H1B transfer expenses.
    Also It is clearly written without any reason , time either way can terminate job. This is below from offer letter..

    "I have read and accept this employment offer. I understand my services under this agreement will begin with the successful transfer of my H1B. I understand my employment is terminable at will, i.e., and either company or I may terminate the employment relationship at any time, with or without cause."

    Now , I have a better offer ,I am not joining that company .
    They are asking me for H1B transfer expenses.

    Company is asking "You signed and agreed to become an employee, however you never even started working here to begin an employee/employer relationship also you keep delying your joing time..It is clear that the delays were a stall tactic and completely dishonest, which any court will agree with."

    If I am not paying it, they are going to take legal action ..

    Please let me know your thought or any lawyer can help me in case company files legal action and what will be charges

    Thanks a lot ..

    With Regds
    Ratikanta




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  • dunkin
    06-26 02:16 PM
    hi guys,

    i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.

    i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?

    also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?

    thanks in advance, and sorry if the above are dumb questions.



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  • Blog Feeds
    07-07 08:10 PM
    Temporary Protected Status and Expired Employment Authorization Documents

    One must accept a Temporary Protected Status (TPS) beneficiary's expired Employment Authorization Document (EAD) if DHS has automatically extended its validity in a Federal Register notice. Automatically extended EADs are listed on the USCIS web site. EADs issued to TPS beneficiaries will include one of two category codes: �A-12� or �C-19.� You must not require an employee to provide proof that he or she is a national of a country that has been designated for TPS.

    When creating a new case in E-Verify for newly hired TPS beneficiaries, select �Employment Authorization Document (Form I-766)� as the document presented and use the date to which the EAD was automatically extended as the expiration date. We recommend that you read the TPS information on the USCIS web site carefully, as the EAD automatic extension is usually shorter than the TPS extension date.

    When re-verifying an existing TPS beneficiary�s employment authorization in Section 3 of Form I-9, write down the date to which the EAD was automatically extended as the expiration date. Never use E-Verify to re-verify an existing employee�s employment authorization.

    Once the automatic extension of the EAD expires, re-verify the employee�s employment authorization again in Section 3 of either the original Form I-9 or a new Form I-9. The employee may choose to present a new, unexpired EAD, or any other document from List A or C of Form I-9 that shows he or she continues to be authorized to work in the United States. Federal contractors with the FAR E-Verify clause must follow special rules for verifying new and existing employees, including employees in TPS status. Federal Contractor needs to check the Supplemental Guide for Federal Contractors for more information.




    More... (http://www.visalawyerblog.com/2010/07/everify_news_tps_beneficiary.html)




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  • belmontboy
    09-21 05:53 PM
    I think you are talking about Pre-Adjudication.

    There are numerous threads on this forum. Check out them



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  • PDOCT05
    10-16 12:37 PM
    Gurus Need Help.

    We filed for I-485 on july 3rd..and got receipt numbers after calling USCIS for 3 of us.Yesterday we got receipt notices for me and my wife..but for my son we haven't received the notice when i checked the status online..it says case is rejected and here is the text message from the online..,
    "On October 10, 2007, we determined that this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was not properly filed, rejected it, and mailed it back to you with all supporting materials along with a notice describing the reasons the case was rejected. The notice will also describe what will need to be done to properly submit the case"

    Is any one with the similar situation? Please help what could be the reason??
    and how long it will take to receive the rejected notice?

    any info will be great help...,

    Thanks,




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  • gcawaited
    06-09 03:30 PM
    Dear All

    I am the first time user of this Forum

    I got this email today from CRIS saying my I485 has been transferred to another office.

    What does this mean?
    I am worried since my PD is 2006 and Visas are not avaialble what is that they wantto do now?

    I changed my employer after 2 years of getting the I 140 approval and EAD.

    Please advice what is it all about and what to expect next

    Below is the msg that I got from CRIS

    Thanks in advance

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

    On June 8, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



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  • pillagandhi
    04-27 11:29 AM
    In my fifth year H1B (cap exempt)

    applied for cap subject
    employer in east coast
    Receipt date: 4/11/2011
    status :initial review
    on 4/25/2011 : checked online

    we transferred this case I129 PETITION FOR A NONIMMIGRANT WORKER to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

    They never sent any notice to lawyer or me about this.

    Today is beyond the 15 days for premium processing.

    What does this mean? and what am I supposed to do




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  • babu123
    04-27 03:04 PM
    Company B applied H1B tranfer petition for me two weeks back. Our documents went to USCIS, and we didnt received receipt notice yet. To my surprise the filing fee check is also not yet encashed.

    Can anyone of you please let me know, if I can start working with company B now or wait until we get the receipt notice. What is the USCIS guidelines with the start date during H1B transfer.



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  • ranand00
    05-02 04:57 PM
    any replies......




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  • chintu25
    08-14 10:02 AM
    Interfiling can be a success or a failure depending on how you/your lawyer treats the case.

    I know someone who successfully got his interfiling done from a 2007 EB2 to 2004 EB3 date and has the GC already.

    Now,
    Even if your lawyer files the case perfectly there is a chance that the case lands with an IO that either doesnt "LIKE" interfiling or doesnt understand it. So then again the casse might take longer than usual.

    But as far as I know , cases are done and I havent seen any case that was filed properly being rejected, nevertheless there are people who are still waiting for adjudication but not rejected.



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  • machita
    09-29 05:57 PM
    I am getting ready to n-470 to preserve residency. My company is sending me to UAE for one week period which will leads to other long back and forth trips there. I need to file n-470 to preserve residency for naturalization. I have already lived here for more than one year as a permanent resident. My questions are:

    1. Where do I find a sample communication letter as a support document?
    2. What do I write in it?

    Thank you in advance.




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  • bobyal
    02-28 09:15 PM
    Hi,

    I don't see these forms listed on http://www.uscis.gov/portal/site/uscis , in the top menu "Immigration Forms".

    I highly appreciate if anyone has updates related to I-131 form changes.

    Thanks
    Boby



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  • deepak.thesis
    09-11 03:03 PM
    I am traveling to India in november and need to get my H1b visa stamped. Somebody told me that as a part of requirement my passport should be valid for 6 months after the visa expiry date. Please advise if this is true.

    My passpwort is expiring in June, 2011
    My Visa will expire in Oct, 2011




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  • gsc999
    09-24 03:04 PM
    bump



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  • imi1224
    05-14 10:23 PM
    Hi IV friends-

    I am preparing to apply for my EAD througth E-file online. I am on H1-B currently and my I-485 was filled under my husband's EB2 application in July 2007. I did apply for EAD at the same time and got approved EAD for a year but never used and it it expired in December 2008. Now My H-1 B cap will reach in March 2011 and want to go on EAD ASAP so I can save the remaining time on H1-B ( advised by my company lawyer.) . My questions -

    Should I apply for reneal of EAD or new EAD?

    How difficulat is it to apply online? Do I need to send coyp of my H1-B etc as supporting deocument?

    Thanks in advance for all the help.

    Regards,

    Imi1224




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  • roseball
    03-31 11:14 PM
    Hello,
    I am working with A on h1b and the visa expires on May 1st 2010.
    Recently I got another offer with B and they filed my h1b transfer (regular).
    The offer they gave me verbally is different from what's on the offer letter, when I contacted them there insist that they never "promised" , so I did not want to take that offer now.
    Can I now ask employer A to file the extension and continue working with A?. Will that create any issues if the transfer with B gets Approved/rejected?. or is there any alternate?. Please help.

    Thanks in advance.

    There is nothing like H1 transfer. Each petition is separate. Company B filing H1 does not invalidate your H1 from Company A. Your original H1 will still be valid even if H1 from company B is approved/denied. You can just continue working with company A and file extension when its due...




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  • B+ve
    08-13 06:35 PM
    Thanks fromnaija for your suggestion.

    Actually forgot to mention that two weeks back there was LUD's on my and my spouse case. But so far no LUD on my kid's case. So I doubt my kid's application has seperated from ours.

    Any other comments, guys?

    BTW, taking an info pass, is it mandatory that our dates should be current?

    Thanks,
    B+ve.




    gsc999
    08-14 02:32 PM
    Drona:

    This is a good idea. It will drive new IV membership.

    g




    dummgelauft
    09-03 12:51 PM
    starting with : we have 'uh' did what right for arizona...

    No wonder why AZ tightened the immigration law, may be illegal immigration caused the damage on American grammar.

    ..."we have DID what was right for Arizona..."...

    Madame Governor needs lessons in basic english grammar...Wren and Martin is in order.



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