Tuesday, June 14, 2011

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  • Eternal_Hope
    04-07 10:32 AM
    Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.

    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    MANY PEOPLE ARE IN A SIMILAR SITUATION.
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    THAT'S WHAT PEOPLE SAY.
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
    IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.

    AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!


    Thanks

    ALL THE BEST!





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  • CRAZYMONK
    10-29 08:35 AM
    I think the bag flag against your employer triggered the query. There is not much you can do except providing all the documents they asked for.

    It is totally their discretion to give you visa or not. Keep your fingers crossed.

    All the best.





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  • deafTunes123
    09-10 09:43 AM
    There is one more option. Calculate all the time you are out of US over the past 5 years and sum them up.

    Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.

    The other option is take 3 or 4 months off (out of country) and recapture if necessary.

    Good Luck.





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  • ramaonline
    06-22 02:27 AM
    according to the current regulations
    h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
    u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
    pl confirm with ur company attny



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  • vivache
    11-08 01:27 AM
    Hey Gurus. Any answers :)





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  • ashishgour
    12-06 12:01 PM
    bump

    Not yet received FP notices for me and my wife....
    Case was transferred from CSC to TSC .
    I485 filed on July 23rd.



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  • eb2_immigrant
    03-09 06:20 PM
    Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
    Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
    What happens if there is an RFE asking for proof of employment during this period?

    Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas





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  • sjhugoose
    February 20th, 2004, 07:39 AM
    Steven,

    Referb 1Ds at $5200 your credit card finger getting itchy?

    :D



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  • Simran21
    10-01 01:18 PM
    Thanks for the reply.

    For me I will select "YES" to "Are you applying for same visa class that expired in the last 12 months?" but what should I select for my daughter (she 2 yrs old)?
    In VISA renewal criteria it says "First time H4 or L2 applicants under 18 years of age." do not qualify for appointment in this renewal category?
    This statement has confused me to whether to go for "YES" or "NO"?

    thanks in advance





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  • vallabhu
    06-15 09:06 AM
    Hi Guys lets count number of people getting temporary benefit of filing 485 at this time, after we get our our EAD's how much are we ready to spend for lobbying to get our GC's soon.

    How much are you going to contribute to IV.



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  • h1techSlave
    11-30 10:25 AM
    Pretty much every body recommends not sending unwanted documents like all copies of Passport.





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  • aravi
    06-29 03:32 PM
    Hi - I haven't obtained a Schengen visa from the Swedish consulate, but have obtained one several times from the French consulate. I also had trouble obtaining exactly worded letters from my insurance company. The best option for these embassy visa requirements, for me, was to purchase one for $12-$14 from InsureMyVisa.com. They give you a letter as per exact requirements of whichever country's consulate you are applying at. Good luck!



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  • GCBy3000
    04-10 09:03 PM
    I cant say anything other than a :) and welcome.

    Hi,

    I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?

    How long will it take to clear labour?

    Thanks for valuable suggestions





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  • GlobalCitizen
    08-21 06:23 PM
    I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?

    My emloyer hired a law firm to do green card and the human resources does the H1B's. The firm just sent (before Agust 17th) my I-140 and I-485. I have pendind EAD. I really want to remain on H1B though.

    I am so frustrated and do now what to do.

    How long does this 'nunc-pro-tunk' take if it comes to that? Also Can I go back to school?



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  • centrum
    10-28 10:23 AM
    Important Visa and Immigration Documents (http://www.upenn.edu/oip/iss/visa/documents.html)

    Is the statement under passport true? I still shouldn't have any problem right?

    Can someone answer this please?





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  • gcformeornot
    10-12 02:16 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest

    maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....



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  • Picasa
    08-13 08:01 AM
    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.

    How this is releated to our cause?:confused:





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  • Sushie
    08-17 02:46 PM
    Thanks Kondur_007,
    I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?





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  • dsneyog
    01-15 09:49 AM
    Just checked my case status and it show PDA

    Post-Decision Activity
    On January 14, 2010, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283

    So it should be in mail in days right
    Should I do happy dance now???





    roseball
    07-18 03:21 AM
    Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....





    anuh1
    03-25 01:53 PM
    Yes you can recapture. Most of the people do the same way if they dont have enough time.



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