Friday, June 24, 2011

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  • WillIWin?
    01-04 09:16 AM
    This is possible. The gist of the rule is:
    Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).

    You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.

    Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)





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  • gcgonewild
    08-15 02:16 PM
    Unless:
    i) Has company A paid you all your wages?
    If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.

    ii) Content of Non-Compete agreement:
    If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
    iv) LCA for new work location:
    If you work for more than 6 months in a county, new LCA should be applied for that location.

    Try to negotiate with A. Usually these lawsuits don't run their course.
    Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.

    If all fails, You MUST consult an attorney.

    IMHO, you should've consulted before you took the job.





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  • sbabunle
    11-06 05:54 PM
    check_rd,
    Its strange. I applied the same time. And I got it.

    thanks





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  • anu_t
    07-24 01:19 PM
    If one has a copy of 140 but it has been revoked (no fraud) , when applied for porting how does USCIS finds out the cause of revoking 140? Does USCIS has some kind of data regarding that?
    Like what if the labour has been substituted? How one will get this information?



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  • walking_dude
    12-05 02:10 PM
    I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?

    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.





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  • nvmurali
    06-02 07:06 PM
    Sorry Murali, I wasn't clear in my earlier post.

    1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
    2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
    3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.

    Hope this clarifies my earlier post - sorry for the confusion.

    This does clarify my confusion. Thankyou very much! Appreciate it. This makes me feel so much better:)



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  • larmani
    10-26 01:56 PM
    I believe if your H1 expires before your I-140 approval and your PD is less than 365 days you will not get 1 year extension. If I-140 premium process reinstates that is only chance otherwise you have to take vaccation and come back.





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  • ttdam
    11-04 01:52 PM
    Hi

    I got soft LUD on my I-140 today (11/04)
    My I-140 was approved few weeks ago @ TSC

    Any clue what this soft LUD might be related to ?

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    No Finger Prints



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  • smuggymba
    10-05 11:00 AM
    ^^
    they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.

    Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?





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  • ttdam
    11-01 12:13 PM
    I had the same query for my wife. I sent color copies of passport front and back, latest visa, I-94, DL and EAD all in color. Keep me posted how long it took for you to get approval after you sent the docs.



    Hi eadguru

    I too got query for AP to send clear copies of all data pages of PP,
    where did you make color copies and how much it would be ?
    Do we need to take all pages from the passport !

    Thanks



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  • factoryman
    02-09 07:12 PM
    this blog is written and maintained by staff of HAMMOND LAW FIRM. Go to their home page (http://www.hammondlawfirm.com), you will understand this.

    This is a blog. Its not a credible source of information.





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  • maddipati1
    04-23 04:23 PM
    i was in the same situation. entered US with H1 visa. passport expiry in few months, so got I-94 for few months. got the new passport. drove to San Ysidro, crossed border and came back immediately. got the new I-94.

    i have EAD/AP and lawyer suggested that i don't really need to get new I-94. but, since i have been using only H1 and not used EAD/AP so far, wanted to have a clean record.

    parked behind jack in the box($5), walked outside on the bridge (no elevators) with 8 years worth of my immi dox, every doc i have so far. after exiting the bridge on Mexico side, took the other bridge towards left side to cross the road. after getting off this bridge u will see traffic going in to US. walked parallel to that towards US on footpath. found the lines of people going in and joined them.

    only hiccup was, while coming back, just joined the lines going in, but didn't go to CBP office, where they issue the new I-94.

    so, had to go back and go to the CBP office. The board outside CBP office reads 'PERMITS' in English and Spanish. Went in (hardly any line to wait) and got the new I-94. the officer at my window has no clue about what to do, literally nothing, may be under training. the officer sitting next to him, knows exactly what to do. so he helped issuing new I-94 and stamping on the new passport. then paid $6 at the cashier window across the hall. then joined the lines back.

    the IO was very friendly and was reading out loud abt my company name, visa status etc, while i was explaining why i am there. then the usual baggage security check and back. if its not for the hiccup, it would only take an hour total.


    .



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  • LostInGCProcess
    10-24 12:56 PM
    Unless your parents have SSN, you can't really claim exemption. .

    This is not true.
    I have claimed my parents as dependents when they visited me a year ago for about 5 months.
    When you submit your tax returns to IRS, at that time they apply for ITIN (if they don't have one) for the parents. That what I did....however, I went thru a CPA.

    Thanks





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  • needhelp!
    10-23 02:18 PM
    pretty please..



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  • harrydr
    10-05 10:49 AM
    This is really what Obama's advisors should read. Employers cannot find qualified employees to even fill these great job openings (with unemployment rate nearing 10%). America is loosing already and will keep on loosing if immigrant workers do not take up these jobs to keep US competitive.

    Even as layoffs persist, some good jobs go begging - Yahoo! News (http://news.yahoo.com/s/ap/20091004/ap_on_bi_ge/us_good_jobs_unfilled)





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  • nikamd
    05-13 08:31 AM
    I am in the same boat. Current from March.........but nothing yet....:(:(:(:(:(:(



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  • jasonmc86
    07-27 06:55 AM
    I've also found that the dataset actually updates inside the program so that seems to be working alright however just the writing of any xml file after a openFileDialog is used doesnt seem to write.





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  • LondonTown
    05-25 08:03 AM
    Sent the fax.. going to call...





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  • vaishnavilakshmi
    06-22 06:01 PM
    to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.

    I'm EB3-ROW
    PD March 23, 2007

    HI,

    Iam also sailing in the same boat.i want to change my maiden name to married name now.Just about to file for i-485.My concerns and doubts are :-

    - I need to send it by mail to sanfransisco and what if it gets delayed?
    -Will name check be done on two names(married and maiden) and endup in delays and pending of my application?
    -All my certificates,recent affidavits till now show my maiden name.But i got written in my son(usa born)'s birth certificate with married name as last name and maiden name maiden name itself.So will that create a problem?...

    So with the above issues,can anyone suggest me if i can wait till I-485 approves or it doesnot matter if i change it now?If i travel to sanfransisco and visit consulate general in person and apply will they issue the new passport within the same day??

    Awaiting for ur golden responses,
    vaishu





    quizzer
    11-01 02:38 PM
    Admins/Moderators:

    Can this be taken up with USCIS???

    Thanks





    styrum
    06-01 06:20 PM
    Because the PDs are valid for the whole month I guess the date of filing should not matter it as long as it is before 30th June, I think.

    Do you think it does affect us in some way?

    I heard from a lawyer today that after the July bulletin gets published USCIS can easily (doesn't neccessarily mean they will) return those 485s for which PD turns out to be not current anymore if they were received after the July bulletin (and if priority dates retrogress again, of course)



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