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  • martinvisalaw
    12-16 05:14 PM
    i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.

    You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.

    once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?

    No, but you cannot use that I-140 to get another H-1B extension.

    pls. note that I-485 is not filed, so i cannot invoke AC-21.

    You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.





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  • pranavgandhi
    04-23 08:07 PM
    How employee can retain PD in case of I140 is approved and employee change jobs?
    Would like to know more on procedure also.
    Is there any impact if Employer revokes I140 after employee leaves company?





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  • pune_guy
    11-20 06:22 PM
    Hi Guys,

    I am working with company A on H1B, currently on bench (no pay, all vacation used up) and no pay stub. I got an from offer from Company B and have started the H1 transfer process. I would like to know how soon can I join company B. My friend says I can join as soon as USCIS receives the H1B application i.e. as soon as the fedex delivery reciept becomes available I can join the company B.

    The lawyer from company B says I need to wait till a reciept notice is received from USCIS.

    Who is right? I want to believe the lawyer for obvious reasons (she is a lawyer) but my friend did the similar thing, he joined the day his app was received at USCIS and he was adviced so by his company's lawyer.

    A rationale to join on the same day is that when the H1 is approved it will have the start date same as the day USCIS received the app (as that is the requested start date of transfer).

    I'd appreciate your inputs.

    Thanks





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  • bugsbunny
    05-16 03:10 PM
    I read a few of the comments and quickly realized that its just trash
    I refuse to post a comment when the caliber of people commenting on there is so low that they will gain nothing from my comments and only possibly use it to spread more hatred.
    All they are doing is openly showing that they have no intelligence and are not worth the attention they get.

    Why bother to comment when they can't finish a proper sentence without abusing. I got better things to do.



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  • chanduv23
    09-15 09:13 AM
    IV is YOU, if you trust your good faith - you trust IV.

    So better get going





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  • martinvisalaw
    06-29 10:38 AM
    There are really 2 sub-categories of EB-3. One requires a minimum of a bachelor's degree, or equivalent in education/experience. The other requires just 2 years skilled worker experience.

    The question is what your position really is, and what the employer requires. If the position really requires you to speak Korean, it can get approved. However, adding a foreign language requirement definitely invites intense scrutiny, and it can really only work if you can show that you spend a lot of your time using Korean and the company could not manage without it. You also need to show that you use Korean with people who cannot speak English, not just that they don't want to speak English. You need extensive back-up documents to prove the foreign language requirement.



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  • vishwak
    10-14 10:37 AM
    Please ask your Husband to change company and apply for GC process immediately.

    He can't get extension on your's......contact attorney IMM





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  • bskrishna
    12-17 03:51 PM
    The last report was somewhere in September 2007. Good to see that they have cleared July 07 bump in processing the 485s. they have nearly taken 29 months to clear it up.



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  • Libra
    09-15 10:26 PM
    And there are last mintue deals, 160 round trip, and get a free accomodation by contacting IV. Just one day, take time off work and make up those hours by working 10 hours/day. It's easy guys, com on now.





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  • gveerab
    08-14 12:12 AM
    I got my EB3 I-140 approval after I applied my I-485 with later PD EB2. Our lawyer sent a letter to USCIS, but there is no confirmation from USCIS. Please let me know, if there is any way to check the PD.

    Thx,
    Veera



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  • omahaguy
    08-05 11:48 AM
    Company A attorney says I can apply for 3 year extension from B. Still waiting to hear from B's attorney. Did you check with your attorneys?





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  • godbless
    01-13 06:16 PM
    :confused: I have another question concerning EAD. I have a valid h1 visa stamped on my passport till June 2007. I have EAD and AP as well. On my return from India last month the inspector at the POE did not let me enter on my h1 and instead asked me to use my AP. He stamped my I 94 as entering on AP but he did not cancel my h1. Now what status I am on? H1 or AP? My EAD is expiring on 23rd Jan 2007 so if I am no longer on h1 then would I have to come out of job till I get another EAD? Won't this make me go out of status? Please advise.



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  • NANO3
    05-08 06:16 PM
    nice, i like "saharaNoGloss.jpg"

    very neat, may i have a link to full size sahara pictures, i would like to put them as my wallpaper :p





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  • cs.0
    01-29 09:31 AM
    hi,

    In one of the recording, Attronery Rajeev kahana mentioned that we can work on H1B with Current employer and Part time job on EAD and also my attronery mentioned the same thing.
    Pls let me know if anybody using both H1B and EAD.

    regards,
    chethan



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  • tipsvizag
    05-15 06:57 PM
    :)
    I first came to USA in April 2005 and have H1B valid till 2011 April.

    I worked with company 'X' since 2005 on H1B status on permanent position, during this tenure with company 'X' i was filed for PERM during Feb 2009. Later in October 2009, I had moved out of company 'X' to Company 'Y' due to budget cuts at the clients place and not having any positions with in the Company 'X'`s other clients. Moved to Company 'Y and Company 'Y' had filed new HIB visa, Got approved in few weeks.started working for Company 'Y" since November 2009.

    During January 2010 my PERM (LABOR) filed by Company 'X' got approved by uscis. I moved back to Company 'X' got started the next stage of the process of filing I-140 within the timeframe. Company 'X' filed my I-140 and also filed again for H1B and H4 for dependends in march and got approved in April with Priority date (PD) as april 2009 as my PERM was initiated during that period and H1B visa Validity date as May 2011.

    Surprisingly and unfortunatly the assigment which was supposed to be a long term is getting completed by end of this May month 2010. Now that in Company 'X' the project got completed within two months and i am asked to move to their onsite project and can be brought back when there exists a position at any of the their clients locations.

    Now the H1B status with Company 'X' is valid till May 2011 and with Company 'Y' the visa validity is till April 2011.

    Can i move back to Company 'Y' as they had the same position that i worked with them and file for H1B visa extension which is due in 2011 April/May(as per new validity from Company 'X') based on the approved I-140 or PD. Company 'Y had also initiated the process of filling for PERM(Labour) got the clearence for LC.

    Please suggest me the various options that are availabe to me to continue stay in here and get the H1B extension and as well continue my green card process.[/SIZE]





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  • pvpb
    10-11 12:33 PM
    can u pls let me know ur date your application has been mailed and to which center.

    I mailed it to NSC on aug 3rd nothign yet..



    Hello Guys....,

    My and My Spouse I-485 & FP, EAD and AP all checks cleared yesterday and I found the Receipt Number on Back of the Cleared Checks. But when I check the status on the USCIS System. It says check the receipt Number. Is any one face this type of problem....? Please advice. Thank you.

    EB-3 IND 09/2004

    Thanks,
    Sree



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  • beautifulMind
    01-04 02:12 AM
    I am involved myself in a mess regardning the Green Card labor process

    1) I had appplied for RIR labor in Apr 2004 and it was sitting in the Backlog elimination center (BEC)

    2) In November 2006 I filed a conversion case and reapplied in PERM on my own while retaining priority date of april 2004.

    3) Just last week I got a denial letter from DOL stating the reason

    "The employer has not indicated on the application that applicants with any suitable combination training or experience are acceptable. the ETA form 9089 indicates the alien is currently employed by petioning employer and only qualifies for position identified in the application by virtue of the employers alternative experience requirement"

    also the letter said

    The job requirements did not exactly match the earlier case and hence priority date cannot be maintained

    This denial also caused the automatic withdrawal of my earlier backlog case.

    4) The priority date was very impt to me since I applied in EB3 and from India.

    Is there anything I can do to maintain my priority date. I am also ready to forego the PERM application completely if only I could reinstate the earlier BEC labor case and just wait it out. I understand I commited a blunder by taking the risk of re filing in PERM while maintaining priority date...I feel i am losing almost 3 yrs of wait time and will be relegated to the back of the queue if I refile again

    I am very anxious please help!!





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  • jai_verma
    10-15 04:53 PM
    Yes, I understand that I ll loose my H1b status.
    To register company: just go to http://www.corporate.com/
    So, I would be OK and not to worry about I-9.

    Thanks,
    -Jai





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  • sathyaraj
    10-01 10:36 AM
    Hi ,

    I have a PERM filed on Nov 2006. and it is approved. Like most ppl here I also applied for I-140 & I-485 during July and got the receipts. I am looking to change companies using AC21 by next Jan but would like to keep my H1B active.

    I have the following qns:
    a. If I find a new employer(B) who is willing to transfer my H1B, will I get extension 3 yr extension beyond 6 yrs based on my current employer(A)'s PERM and approved I-140.

    b. I know that 3 yrs extension is possible with approved I-140. Is it possible with new employer also (the one who has nt filed ur GC ? Also Is 3 yr extn possible after filing I-485 beyond 6 yrs?

    Thanks





    amsgc
    06-16 08:58 PM
    InThemoment is right. I got I-134 from my attorney for 485 filing..

    Oldmonk,

    That is good information, thanks. Just one question:

    - Was the I-134 part of your I-485 application, or was it part of your dependent's?

    I am asking this because there is no instruction regarding such an affidavit in the Initial evidence section of the I-485.

    Thanks, will appreciate your response.





    checklaw
    11-20 09:34 AM
    Thanks for the reply.

    Where does 1099 fit in in the above list?

    Are there any benefits of one over the other?



    Definitions :
    http://seeker.dice.com/assets/help/help_seeker/other/employement_definitions.htm


    Independent Contractor :
    http://jobsearchtech.about.com/od/jobs/l/aa083099.htm


    checklaw