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  • Sunx_2004
    08-15 11:56 AM
    Here is the situation Mr. Pro-

    I filed my 485 in July 2007 with an approved I 140, My company got aquired in Nov. 2007. They amend my H1B, Recently I come to know that they file new I 140 to indicate new company is sponser of my GC. The new I 140 is still pending.
    Now, I am gettig an offer by another company and that company is ready to transfer H1B. Can I change job while my new I 140 is pending
    What if they withdraw new I 140 after I leave.
    One lawyer which I consulted is saying that you should be fine because your I 485 was filed with an approved I 140...

    Please let me know you thoughts

    Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)





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  • Achi Goro
    11-17 03:25 PM
    Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
    So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

    To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

    ***DISCLAIMER****
    (I am not an attorney, please consult an immigration attorney or use advice at your own risk).



    Thank you for information

    What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.





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  • yorstruly
    07-19 03:07 PM
    Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.
    ...

    :D

    Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :confused:

    And yes, I am totally new to IV. The way it has been effective, I will surely contribute... :)





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  • BMS1
    09-25 01:10 PM
    "july 12 2007" will be the important date. It will be there as an USCIS stamp in the App. You can re-submit this app in Oct 2007 even if there is no visa available for your PD in Oct, 2007. It will be treated as if it was received on "july 12 2007".



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  • pappu
    09-02 06:50 AM
    Its wonderful to see appreciation for core team here. Many of us work hard behind the scenes and are not regular on forums. Thank you all for your continued support and confidence in IV.





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  • amitjoey
    10-26 01:33 PM
    The only people that know what we are going through and how much we have had to suffer becos of this backlog is us (the same people). Unless we open our mouth outside the IV Forum, talk to our congressmen/women, how can we expect relief?



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  • laksmi
    02-05 08:01 PM
    It is your employer how have to support your H1B renewal inform him before itself.
    If EAD is expired you will not be able to work until you get extension but since you are working for the same employer and if your H1 gets extension approval then I think you can switch from EAD to H1B even after EAD gets expires.





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  • chi_shark
    04-27 01:02 PM
    Hi,

    I hope, all is well.

    I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.

    I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.

    I need your help as:

    (1) Can I work on 1099 (as I have EAD & I-140 is still pending)?

    OR

    (2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?

    Please, advise me as soon as possible.
    :confused:


    Best regards,
    Rajiv

    I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?



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  • permfiling
    08-04 01:05 PM
    He can use AP to renter. USCIS would not have approved to give EAD if USCIS determined he was out of status in the first place.





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  • ras
    06-22 04:23 PM
    Is getting H1 transfer with extension based on the I 485/I 140 is considered to be using AC21. Does the H1 job description need to be similer to the I140 job description?

    In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?



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  • lahiribaba
    03-01 02:30 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.

    you say you will "complete 3 years since landing in Canada"
    then you say " I have not livied in Canada more that a couple of weeks since landing"

    With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.





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  • shana04
    08-09 12:55 PM
    1. How do you know that we are not approving 2004 cases? Just that you didn't got your approval doesn't mean that we are not approving 2004 cases.

    2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.

    3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.

    4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.

    5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.

    6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.

    7. Oops... we sorted all cases that can be approved, by descending order. Sorry!

    8. Time and again we want to approve that we can do anything we want.

    9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.

    10. Yikes! Dog ate all 2004 cases.

    11. Ding, these 2003, 2004 and Early 2005 boxes are under these 2006 boxes that we are too lazy to pick them up.



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  • Alice141
    03-26 02:55 AM
    Student Visa

    Applying for a UK student visa allows a person to come to the United Kingdom to embark upon a course of study in excess of six months duration.

    The study visa immigration service entails the grant of a UK study permit enabling visa nationals to study in the UK with a view to gaining a recognized qualification.
    Benefits

    The student visa service in itself does not constitute a route to settlement; it does not confer indefinite leave to remain in the UK (ILR) often known as permanent residence and it will not lead to the opportunity to become a UK citizen through British Naturalization. However, a visa for student immigration may allow you to switch to another UK immigration service without leaving the country, upon the successful completion of your course.

    If your course of study lasts less than six months, you may be able to enter the country under a UK visit visa, often referred to as a travel visa or tourist visa. However, the benefit of studying on a UK visa for students is that you will also be permitted to undertake limited employment.
    Duration

    There is no set duration for this type of visa for immigration to the UK, however, visas for students are usually granted for an initial period of one year and are determined by the length of course to be studied. In some cases, a study visa extension may be granted by applying for Further Leave to Remain (FLR) where applicants intend to follow completion of their course with another course of study.

    One route for staying in Britain beyond your course of study, is available through switching to a UK work permit. UK work permits depend upon a specific offer of employment from a British company. Alternatively, you may qualify for the Highly Skilled Migrant Programme, or HSMP, a points based immigration visa for migrants with desirable professional skills. A third option for extending your stay in Britain by a year is the International Graduate Scheme, or for candidates graduating in Scotland, the Fresh Talent: Working in Scotland programme.

    Global Visas can assist you in obtaining your permit to study and can help you to further your stay in the country, should you choose to do so, by selecting the best British immigration service for you. Our consultants are experts with UK immgration law and can manage your application at every stage providing immigration lawyer advice and on arrival services.
    Eligibility
    Course of Study

    A UK student visa applicant must show that they have been accepted onto a course of study at one of the following.

    * A publicly-funded institution of further or higher education (for example a university)
    * A bonafide private education institution that maintains satisfactory records of enrolment and attendance for students and offers courses which lead to qualifications recognised by the appropriate accreditation bodies.
    * An independent fee-paying school outside the maintained sector.

    Applicants for UK student visas must intend to follow either:

    * A recognised full-time degree course.
    * A weekday course at a single institution that involves at least 15 hours of organized daytime study a week.
    * A full-time course of study at an independent fee-paying school.

    Students must be able to meet the costs of their course and accommodation and the maintenance of themselves and any dependents without undertaking full-time employment or engaging in business or having recourse to public funds. The applicants should also intend to leave the country at the end of their studies.
    In-Country Applications

    In-country applications for United Kingdom student visas may not be submitted by Visa Nationals.
    Employment

    Unlike a UK visit visa, or travel visa application, applicants for study permits may take part-time or holiday work but must not engage in the following.

    * Work for more than 20 hours a week during term time (except in vacation periods), unless it is a work placement and part of a study program and the educational institution agrees.
    * Conduct business, be self-employed, or provide services as a professional sports person or entertainer.
    * Work full-time in a permanent job.

    Spouse and Dependent Immigration

    Spouse immigration is only permitted for married partners and unlike a fiance visa or De Facto visa, often known as an unmarried partner visa, your common-law or conjugal partner is not allowed to join you.

    Married partners will be granted leave to remain for a period equal to that granted to the student. During this time, they must be able to support themselves either independently or with the help of the applicant.

    Your spouse will be permitted to work only if your permit was issued for 12 months or more.
    Visitors - visa application guide

    This guide explains what you will need to do if you want to travel to the United Kingdom (UK) as a visitor, and what the Immigration Rules say. It is only a guide but it aims to answer some common questions.

    If you need to pass through the UK in transit to another country, please read our Transit application guide for more information.





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  • ameryki
    04-19 11:44 AM
    This is from reading in other threads here, if you switch to EAD and give up your H1 status you can no longer go back to the same H1 petition. You will have to apply for H1 again and then be part of the H1 lottery. Again this is my understanding I am not a lawyer.



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  • pitha
    03-20 03:48 PM
    predicting cir future has become semilar to the "visa bulletin prediction" nobody knows anything about it. For every article which says cir might happen there is an alternative article which points out why cir will not happen. There seems to be universal concensus that if cir is to become a reality it has to be passed by august september time frame after that it is political season and it will be lights out for CIR





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  • javadeveloper
    12-17 09:25 PM
    Yup, same here. 7 yrs 5 months and waiting.

    Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.

    Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.

    Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).

    Is your labor approved after 2005? If your labor approved before 2005 you should have got your GC right?



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  • jungalee43
    02-23 08:35 PM
    Now that IV core has given update on CIR, cheer up and join the conference call. At lease now the response should be better.


    _______________________________

    Contributed $360/- so far
    & also contributing $20/- per month
    thru Paypal





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  • nb_des
    09-20 04:04 PM
    Even I don't see it. Seems like they have removed it.





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  • kart2007
    11-18 07:55 PM
    its down, so .. so what? how does it matter?

    Did you even read my first post?

    No one would like their documents delivered to a wrong address, sent back and lost in mail etc?





    gc_on_demand
    12-02 09:51 AM
    What are chances of Dream Act? --> No one can predict. Depends on how Bush era tax cut bill goes through. Dems has added few provision to please Republicans so they are improving chances.

    What are the chances of including our provisions in the bill? --> At this point Republicans want enforcement. They may not bargain for legal immigration in this bill. Rather they may prefer to add some tough rule for dreamers.

    What happens if the bill passes without our provisions? ---> We will still have a chance to have our bill as piecemeal or just sit and watch


    What happens if the bill fails? --> I hope they get it done, Dreamers are more enthusiastic than us and unless they get it these lawmakers will not think about us. Also they can set example that piecemeal is possible.

    WHAT ARE OUR CHANCES IN 2011? --> As I said if dreamer can get their bill done, and CHC doesn't hold any piecemeal in future chances are there. but I doubt CHC will allow any legal immigration bill until Dems are in power of either of house.

    See reply in red





    texasguy
    06-13 10:30 AM
    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.