Saturday, June 11, 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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  • sidd_k2002
    03-24 07:30 PM
    Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.
    Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and my company revokes my H1? In that case will i be able to use my remaining OPT, since i will have my H1 cancelled by my company?





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  • looneytunezez
    04-23 01:00 PM
    My I-140 is still pending at NSC.
    I am planning to change my apartment. Same city, different zipcode, better deal!
    Please advise when is AR-11 to be filed, is it based on lease start date or actual move date? :confused:

    Here is my question:
    In order to avail the deal, I need to "move-in" by 05.05.2009. So my lease at the new place will start on 05.05.2009.
    Due some reasons, I cannot physically into the apartment till 05.16.2009. I will still be in my old apartment until then.

    So when do I need to file an AR-11 form, by 05.15.2009 (10 days after my lease starts) OR 05.26.2009 (10 days after which I am physically in the new apartment)?





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  • amberGC
    07-19 10:05 AM
    Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.



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  • setpit_gc
    08-15 11:22 PM
    Thanks for the replies. I am going to consult with an Attorney.

    I wanted to get other valuable opinions.





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  • rahul2699
    05-19 12:18 PM
    Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.

    it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification



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  • sidd_k2002
    02-11 01:45 PM
    Kederex,
    Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa





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  • guesswho
    03-14 06:19 PM
    I was offered a ticket to India without me asking them (big american corp). But since I was not going back and found another job within a short time, it was of no use to me. They will usually buy a ticket for you, won't give you money directly.

    u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off



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  • purplehazea
    06-01 12:10 PM
    Hi All,

    I am starting this thread to discuss updates for those who have been waiting for a visa number and whose other processing is complete.

    For starters, how soon can we start making an inquiry of status since our Priority date is current now?

    Thank you.





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  • hoolahoous
    10-28 01:26 PM
    This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).

    since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?



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  • sc3
    08-28 12:43 PM
    When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?

    Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"

    With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.

    I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications





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  • Krilnon
    11-10 10:31 PM
    I suspect that you're fine because it's still the 10th (and it'll be the 10th for a few hours more in Kirupa's timezone)!



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  • fittan
    04-23 03:26 PM
    gc28262,
    I respectfully disagree. As you all know, the USCIS (online and phone) system is completely different from Infopass. What appears on the former is usually inaccurate. I know this because both my wife and I have received our GC but our online I-140 is still pending.

    I am adament about this because I moved in Jan 08 and submitted AR-11. In July 08, my wife online status shows that a RFE was sent. We waited anxiously for 2 months for this letter. Then we went to Infopass and found out that they still have the old address. By the way, my address was updated. Few days after Infopass, the letter finally came. It was enclosed in another envelope (because the orginal bounced and USCIS resent to new address).

    I think everyone should use Infopass frequently. Use it to check if your name check and biometric are cleared. Asked if there's any flag. Where your case is physically and of course your current address. I go to the Boston office all the time and it is usually empty in the morning. Whether the Infopass office is packed or empty has nothing to do with when you'll get your GC; there's 6 counters and I doubt they'll increase it if there're more people.



    Fittan





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  • MAC
    March 28th, 2004, 04:05 PM
    Goin ok Indy-bud! Travelin lots! Did a shoot! Looks like your site is doin really well now! Nice goin!

    MAC



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  • user
    11-06 09:50 PM
    http://www.change.gov/





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  • lccleared
    08-02 11:11 AM
    Thanks for your effort. I am in.



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  • santb1975
    02-14 04:36 PM
    This is awesome. I wish I went to Medical school like most of my cousins..too late now





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  • cchaitu
    07-24 04:27 PM
    Hi,

    If I have a permanent offer after 180 days of Receipt date (I 485)...

    Is this offer should be in the same location (state) where my labor got filed ???

    Please advice...

    Thanks





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  • saint_2010
    08-13 11:31 AM
    What makes you think in this Direction ?

    nothing seems to be moving forward...and this is the last week for Aug 17th...so the more # of rejections/denials without possibility to reapply/re-appeal the less burden or number of applications they will have to process...my thoughts!





    gmb
    03-10 12:35 AM
    You are not suppossed to submit the i-94 which you received along with 797. Submit only the POE i-94.

    It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
    That's not TRUE. You are supposed to submit all your I-94s. Maybe, the officer meant the other half of I-94 card attached to your I-797 which is for your personal records. The actual I-94 attached to your I-797 (right half at the bottom) SHOULD BE returned along with the original I-94 to the airport authorities.





    sanju_dba
    04-30 11:41 AM
    This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
    if ead renewal keeps you away from work, then i guess you can always be on a short vacation locally ...a month or two? i think vacation is allowed.



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