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  • imconfused
    09-09 10:01 PM
    Hi all,

    I am getting a new job offer and i applied my GC this July just like most of us here. Is it possible to accept the offer and transfer the H1B visa, then try and negotiate to start later as soon as 180 days are completed?

    What happens if i transfer my H1 now ... less than 180 days..and do not start with the new company, will my 485 still be processed? Lets say the H1 is transferred, but i plan not to use that H1 and stick to the same company where my H1 is, will that still be ok?

    I am confused, its a good offer, and i dont know what to do. pls help..




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  • a_paradkar
    07-15 11:55 AM
    I just called USCIS to check the status of my case and the Immigration Officer said it is in EB-1 category. I know my case is EB-2.

    I asked the IO to see if i have send any paperwork to rectify their mistake, but she said USCIS will automatically adjust the category whe it picks up the case for review

    I am confused. Please Advice


    PD: Aug 2005
    EB2 - I
    140 receipt says 203(b)(2)
    140 Approved




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  • mallu
    10-14 02:28 PM
    It is mentioned by many that PD should be current at the time of GC approval. Is that right?
    I know people from India who got their GC approved when their PD is not current.
    One can check this easily in looking for I-485 approvals to people from India who submitted their applications concurrently in EB2 category after say april 2004. Disregard the cases which got approved in July 2007. Still there are many cases remaining invalidating the 'rule'!

    The strict rule is that one's PD needs to be current for approval. But if there aren't earlier PDs available for approval ( say stuck in namecheck ) and if USCIS doesn't want to visa numbers for a year to be wasted , then one can get approved even if PD is not current.




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  • cmphr
    05-20 01:06 PM
    Man,

    I am in a similar situation where Company B just filed for my extension based on approved I-140 from Company A. I have a 3 year extension thru Company A based on an approved I-140 petition from them. I hope my employer will not withdraw my I-140. FYI, I have not filed my I-485.

    Now, what is the way out of your situation here? Can someone reply?



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  • eilsoe
    10-07 12:27 PM
    Awww... but she still looks cuuuute... :)




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  • ameryki
    07-20 01:08 PM
    tricky one. whats her legal status in the country right now?



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  • belmontboy
    04-27 08:59 AM
    See article:

    Congress hears two views on H-1B visas (http://www.eetimes.com/electronics-news/4214667/Congress-hears-two-views-on-H-1B-visas)

    thanks dude




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  • Ann Ruben
    05-28 01:31 PM
    An investment of $500,000 may be sufficient if the investment is in a rural area or in an area of high unemployment.



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  • fromnaija
    03-29 12:18 PM
    What I don't understand is why you are filing another I-140 when you already filed I-485? In any case you can use AC21 only after your 485 has been pending for more than 180 days.


    Employer A with EB3 PD Feb2003 and I 485 filed
    Same Employer A is doing EB2 PERM with I 140 PD porting
    Is it possible to invoke AC21 in middle of process??

    1. is it possible to use AC21 after 140 approval??, any time constraints?

    2. what about between 140 filing and 140 approval?

    3. at what stage it is not safe?

    any advice please




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  • Ann Ruben
    07-03 10:11 PM
    The minimum requirements for a particular job may, and often do differ from the minimum requirements for EB-2 classification. As long as the actual requirement for a given positon is at least a Master's Degre or equivalent (defined as a Bachelor's Degree plus at least five (5) years of progressively responsible relevant experience), then the position qualifies for EB-2 classification.

    The labor certification and I-40 Immigrant Visa Petition will not be approved unless the beneficiary is able to document education and experience meeting or exceding the actual minimum requirements for the job as set forth on the application for Labor Certification.



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  • gcfriend65
    12-18 09:18 AM
    Gurus, please help. Can anybody throw some light on why my LUD has changed on I-485. Could it be because of name clearance.




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  • Biking
    05-30 05:09 PM
    Thank you very much for the reply. I did not receive any interview letter. In the approval notice, it was mentioned that it will take 3 weeks.
    How long it took for you?



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  • jamaths
    03-25 04:23 PM
    Hello, I am an INdian citizen currently workin in the US on an H1-B visa. I need to travel to Europe for leisure in the month of April. I wanted to go to the Bern Consulate to go and get the stamping done for my H1-B renewal on my passport. I wanted to ask if anyone has gone to Bern to get their H1-B stamped and can share their experience?

    Also, do you recommend that I go to Canada or Mexico instead? I have heard ppl saying that you should go to your home country or Mexico/CAnada. ANy experiences that you can share with the Canadaian/Mexican US consulates would be appreciated as well.




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  • chantu
    04-27 02:19 PM
    I have one question?

    What if my employer cancels I140 and I don't have any other job on my hand? This can be a possibility for me in near future. I am searching for a new job and my employer is going to cancel I140.

    Is it good to wait for any RFE or denial and if it occurs, just sending them new EVL of any consulting firm (with or without project) will help?

    Thanks in advance.



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  • Prashanthi
    05-27 05:19 PM
    In order to do this, she will have to leave the country and apply for a H-1b consular processing. Get a new visa and come back into the county on H-1. She cannot file for a change of status to H-1 from AOS.




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  • saurav_4096
    07-24 10:15 PM
    As long as they have valid visa, there should not be any problem entering after short gap outside USA.

    I guess IO can object if this happens very frequently but in that case they will warn first rather than taking other action.



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  • walking_dude
    10-17 10:43 AM
    Ever heard of the adage - 'Too many cooks spoiled the broth'. If every one here starts creating their own 'Action Items' here, confusion will abound - which one is Official (IV sponsored) and which is is proposed by an individual member!

    If you're interested in creating 'Action Items' of your own - join the State Chapters, share your ideas with other members and chapter leaders. If there's enough support for it in the group, chapter leaders will take it up with the Core. Once sanctioned by the core, it will become a real 'Action Item' on IV.

    Lets follow this process, for the benefit of all and to avoid confusions.




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  • fromnaija
    08-04 09:08 PM
    She does not need to do anything but get a job, fill form I-9 and start working again. She is in a period of authorized stay since her I-485 is pending. I don't think it's even necessary to apply H4 for her.




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  • txh1b
    02-26 10:57 PM
    No, you cannot work.




    thomasstuart
    11-25 03:35 AM
    PIO is a foreign national who has Indian origins or Indian ancestors and OCI is verseas Indians who migrated from India after 26th January, 1950, except those from Pakistan and Bangladesh.




    Ally
    06-15 02:38 PM
    Good afternoon all,

    I am very new to this world of immigration employment, and I am not sure what I need to do to assist an associate in finding employment and (ultimately residency) in the US. He is a friend of mine's father, and has been out of work in the Ukraine for the last 8 months; he is an electrical engineer by trade and has university degrees.

    From what I can gather, the Employ American Workers Act seems like it could be an impediment in obtaining a H-1B Visa (This is the type of Visa that he would need to work in the US, correct?)

    Can anyone provide any guidance or suggestions on how to begin the job seeking process, and potential obstacles to be aware of?

    Thank you so much for any assistance that you may be able to provide!



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