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Sunday, June 12, 2011

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  • gnutin
    06-10 12:43 PM
    Hi Gurus,

    I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
    My Visa is expiring in March 2011.

    Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

    Now my question is that, I am planning to change my job (to employer B) in September 2010.

    Please help with your valuable answers for the following questions:-



    1. How long does it take to get the i140 approved?
    (Regular/Premium)

    It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.

    2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?

    You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.

    3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

    Premium processing would take less than 30 days. To be safe move after employer B receives the approval.

    4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?

    You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.

    5. Does the new job need to be the same title and job requirements as the old one?

    For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.





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  • jprangi
    08-04 11:28 PM
    I know lot of people are waiting. But just want to tell you all the INS is moving forward may be slow. I just received my receipt notices today. My application reached INS on July second at 11:25 am. My checks have also been cashed.

    Cheer up guys and keep you fingers crossed.

    -Rangi





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  • raysaikat
    01-19 04:46 PM
    ... Currently the monthly premium is around $500 for the 3 member family...

    Is $500 what your wife pays from her pocket (and employer pays the rest) or is this the actual cost of buying insurance?

    In the former case, expect the actual cost under COBRA to be significantly higher.





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  • arunkotte
    08-10 03:48 PM
    21. The Department Of Homeland Security And The Department Of Labor Will Study And Report On Potential
    Administrative Reforms To Visa Programs For Highly Skilled Workers.



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  • cris
    08-30 09:42 AM
    first of all let me thank you very much for your quick inputs

    I have a H1B stamp which , as I said, expires march 01/2007 .

    The lawyer will fill for extension first week of september .

    Maybe, the application will be pending for 1, 2 months ( is not Premium Processing ) .

    During this period, can I travel outside USA ? I read some comments stating that petition will be withdrawn if I do so . Maybe is just a confusion .

    It will be great to clarify this issue for me . I know you guys are professionals in immigration issues
    thank you





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  • amsgc
    06-16 01:22 AM
    http://www.murthy.com/chatlogs/ch051407_P.html


    Chat User : My husband is on H1B and is about to file for his I-485.
    I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
    with my husband, or can I file while being on F-1? Please advise.

    Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.



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  • misanthrope
    03-25 12:08 AM
    How will that help resolve housing market problem? If you are going to make a claim then make sure that you can back it up with facts/figures/evidence.





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  • clockwork
    02-02 06:51 PM
    I do not know anyone personal. My company uses fragomen and the lawyer assigned for my case sounds knowledgeable.



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  • gc_kaavaali
    12-24 10:25 PM
    this thread should be on top





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  • AB1275
    12-16 11:36 AM
    My lawyer has submitted the advertisement to TWC for EB2 and EB3 category to weigh the options. She says it takes 5-10 business days for a response.....Is this true?

    She suggested that if we take the route of EB2 for the second time, the scrutiny will be more intense and hence my W-2 of 2008 should also show the wages per the payscale even though my new filing will start in 2009. Is this true?

    Kindly help!



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  • Pineapple
    03-06 03:23 PM
    I just faxed the letter from USCIS asking for $ 5000. (I had received it yesterday)





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  • hkusumadi
    03-27 12:00 PM
    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.



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  • paragpujara
    04-05 08:11 AM
    Guys,

    Please reply. It's urgent. I have to accept or reject the full time offer in couple of days.

    Your help will be really appreicated.





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  • enthu999
    03-27 01:40 AM
    Just an idea, if emails or letters doesn't reach Obama...may be IV should consider an open letter to Obama,Congress and Senate by buying space in major news papers
    and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.



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  • learning01
    03-28 01:33 PM
    Straight I 485, EAD and AP filing, then aim for 6 months.
    Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending for 6 months, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.





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  • chaukas
    10-23 01:50 PM
    buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.



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  • surge
    02-20 08:25 PM
    Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.

    Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
    So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.





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  • gene-O
    10-20 05:27 PM
    Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

    When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

    Thank you,





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  • amitkhare77
    10-08 10:38 AM
    If the JOB requires EB2 then you can file EB2 and not because your qualification/experience is equivalent to EB2. If your company can prove why you are the best suited for this JOB which is EB2 category, there should not be any problem. Given the circumstances - filing EB3 will be a safe bat.
    Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...





    Pria
    01-06 04:25 PM
    Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
    Best,
    Pria





    mrsr
    07-17 05:47 PM
    Murthy is big time crap



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