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  • GC Khichdi
    10-24 03:44 PM
    Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

    Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

    So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

    For tips to the other readers.

    Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
    One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

    This has worked in many cases as doing such bothe employer and employee gets best of both worlds.




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  • sky7
    07-26 10:09 AM
    Dear all...

    I need some advice here...

    Here is my current status:

    **LC filed: Sept 2002, EB2, RIR
    **I140 EB2 is currently pending, Non-Concurrent (filed June 2006)
    ** On 7th yr H1B ext - expires March 2007

    My questions are:

    1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?

    I actually asked the my lawyer the similar question, this was her response:

    "There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation"

    Can I get a second/or more opinions on this?


    2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they don't revoke my LC and I140, then the new company can transfer my H1B over and get an extension?

    3)And I assume IF my I140 gets denied (or declassified to be EB3), i am still ok as long the new company has filed a PERM for me, correct?

    4) Or would it be SAFER to wait for couple of months (assuming the Nebraska Center is fast!) to get my I140 approved. Then transfer my LC, I140, and H1B to the next company...and have them continue my GC process? And i read somewhere that I can keep my PD that way?


    I need to know the possible risks b4 accepting another job offer. all helps are appreciated... :)


    Thanks in advance for ur help

    Sky




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  • leonqiu
    06-14 09:06 PM
    What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.

    looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.

    Status:
    PD: May 2006
    I-140 approved.
    EB-2




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  • universalgc
    08-10 12:41 PM
    Hello All

    My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
    "The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
    I am confused,will they accept the application,checks are not cashed yet,applied on july18th
    Please Help

    Our company checks address is differant than coporate address. We never had any issue with USCIS regarding the address.
    I think people are getting lot of doubts because USCIS not issuing the receipts promptly. , some of the checks do not have address also.

    Cheer up people think logically and forget about it. Our company attorney charge the amount based on phone calls and emails also. So Dont bother your attorney, it is a simple matter.



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  • lord_labaku
    09-16 09:54 PM
    Do you know whether the substituted LC was used by the original employee by using AC21. If that previous employee got their GC...then the subbed LC is void so 140 will be denied.

    This confusion w.r.t AC21 & labor sub was the very reason that LC sub was abolished.

    Good luck.




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  • gcformeornot
    12-31 07:36 PM
    for wife and daughter. daughter is just 5 years old. Is it common?
    My notices are still missing.......



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  • jthomas
    12-11 08:45 PM
    I paid 3500 dollars to the attorney for H1B transfer before 3 years. I don't know the USCIS fees

    Thanks. These are the fees for a new H1B. Is procedure/fees same for transfer of H1B from one employer to another? How long does it take? I know USCIS posts processing times, but a first-hand information on employer transfer will be helpful.




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  • fromnaija
    12-12 02:20 PM
    What if i leave it just like that?

    That, my dear friend, is courting disaster at a later date and would be very unwise.



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  • cox
    May 2nd, 2005, 09:38 PM
    Thanks Kevin! Trial and horror it is then . :-)
    Ah, so you've seen my "technique"? :p

    It usually doesn't take that much fiddling. The car shot was a special case because of the black finish and the fact that I was shooting from a moving vehicle. At airshows I can usually get the effect I'm looking for in three or four attempts per lighting level (manual mode). I suspect that the motorcycles would be similar.




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  • insbaby
    07-22 07:10 AM
    Now I understand why June 12 VB says "Current". If everyone (atleast 300K) files in July and close the gate, all are stuck in the old fee system, which in future is constant revenue for USCIS.

    300,000 X $600 = $180,000,000 / Year

    can anyone miss this?



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  • babu123
    06-28 03:54 PM
    I work in VA. Can we send the I-485 filing documents to TX now.
    Or we need to send to Nebrasa only?




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  • 140jibjab
    12-11 06:41 PM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
    Sorry to hear that, But any way here is an attempt to answer ur question.

    If you are a resident of any state in the US for 6 months, You can apply for divorce in the state you are leaving in.
    The Divorce decree will have the clause saying "The divorce is obtained , the pantiff or the respondent will not be allowed to go to another court to challenge the divorce". -- So it will be Valid divorce from US perspective, and you can produce this document for all immigration purpose.

    Indian Law accepts the Divorce Decree obtained in the USA.You can produce the divorce decree to take posession of properties/Lockers/Stocks/bank accounts as agreed in the Divorce settlement.

    If you do not get a "mutual agreed upon"/Settlement Divorce. Then The other partner is eligible to apply/challenge the divorce in India.
    Indian Law states as follows:
    The Divorce can be challenged in the Indian court if the divorce is obtained
    1. In another country with out the knowledge one of the parties.
    2. In another country if one of the parties was threatened.

    Take care and all the best.



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  • amsgc
    06-30 07:26 PM
    I like this thread - positive, reasonable, and makes sense.




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  • solaris27
    10-15 01:46 PM
    No you can't



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  • smartboy75
    12-04 06:41 PM
    Hi Folks

    As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.

    Following are the guidelines for maintaining Permanent residency on the USCIS website:

    Maintaining Permanent Residence
    Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

    You may be found to have abandoned your permanent resident status if you:



    Move to another country intending to live there permanently.
    Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    Fail to file income tax returns while living outside of the US for any period.
    Declare yourself a �nonimmigrant� on your tax returns.


    Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
    The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??

    Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??

    PS: Please no educated guesses ...

    Appreciate your help.




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  • milind70
    10-31 08:45 AM
    Should address on Drivers license and Address that we provide for USCIS should it match ?

    I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?

    If it is in the same state I think you are fine, I went for FP rececntly and I had a DL which had my three year old address( though i did change online on DMV website and they send me a paper card satting my new adress) as for a new card they charged some money so i never changed it.It is 3 years since i have moved to my current address. I was not even asked anything at FP.



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  • dummgelauft
    10-05 01:36 AM
    :p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)

    I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...




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  • vikasw
    07-17 07:10 PM
    Thank you IV for your hardwork and dedication on this.

    $ 50 from me.

    Payee Amount Deliver By Confirmation
    Number Action

    Immigration Voice
    Vikas wadhwani(vikasw) $ 50.00 07/24/07 6QZ0Q-0Z4V0 Edit



    Pay From: MYACCESS CHECKING-6830




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  • franklin
    06-22 08:35 PM
    Seriously - give the amount of time and money each one of us spends to get a greencard, are you really that concerned with the difference of a few dollars on some photos?




    mdmd10
    09-16 01:35 PM
    Did you see any LUD prior to this email?

    No LUDs. Just got our approvals on the 14th around 5:30 PM. I did have a pretty benign RFE for EVL to which we replied on Aug 12th and there were subsequent Soft LUDs for 6 consecutive days until 8/19.

    I'm guessing its been around a month since we responded to my RFE and since my case was under review, they may have picked it eventually.




    sri1309
    06-16 08:22 AM
    HI,
    I recently went for stamping in Canada and they did ask me recent paystubs.
    I woudl work for the new company , have some paystubs and then go to neighboring country to get the stamping done. But if the current visa on passport is valid for some more time, I dont think its really needed to get visa from latest company. To my knowledge u can always use old stamp to travel, as long as you have the latest aproval petition and you carry with you,I may be wrong if somehting changed recently,
    Thanks,
    Sri.



    Hi Shelar,
    Thanks for your response.
    I dont want to go to my home country for stamping. I'm residing in california so i want to go nearby country which is Tijauna, Mexico.
    currently, my pay stubbs are still generated with old company (X). Now i've got I-797 approved from New company on June 6th,2006. Is it a must that i have to have at least couple of pay stubbs generated with new company before going for visa stamping

    pls advise.



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