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rajenk
01-17 01:40 PM
Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

Good luck
Raj:)
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CADude
04-07 06:30 PM
I will tell my story, if this help.

I laid-off after working 7 years with big company on March end. I am already 8th year of H1B. Company notified to USCIS and revoked the H1B, etc per company policy. I do have copy of LCA/I140, etc.
I got another job(contract) with some employer. New company lawyer applied for H1B transfer(because old company revoked stuff so to be safe side). Law firm asked ONLY copy of my I-485 Receipt Notice. I think, Attorney changed the sponsorship with H1 transfer(i.e. invoked AC21 with H1 transfer). I didn't get H1 approval so far.

To give more twist: My PD(July 2001) is current per March VB but USCIS will take addtional 90 days to assign my case to Officer. Now contest is on. Let's see if my contract will finish first or GC process. :) :D USCIS already beat me once. USCIS 1 - Me 0 :)

If you have copy of LCA/I-140 then it will better for your record but i don't think it's required to H1 transfer and invoke AC21.

my 2 cents and good luck


ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
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nagio
10-05 04:38 PM
Thanks Pappu!. Go IV.
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natrajs
08-18 04:26 PM
Mine Got approved in 6 Days in TSC
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bitzbytz
05-13 03:05 AM
finally...now what?
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busy
03-09 12:01 AM
Thank you RoseBall for your response. Definitely will do. One thing I want to emphasise. I'm sure rejection happened in Feb/October 2007 due to some other reason. Because USCIS did not ask for my either past employment history or paystubs.Do you have any idea of any grace period like 30 days after H1B expiration date to file for extension?
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Re: Kawasaki Bajaj Rouser 135




needhelp!
09-22 01:50 PM
I'd like to think it was our media campaign letters that did it :)

http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
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maverick6993
09-01 02:49 PM
You should be ok to come back with an AP.
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vallabhu
06-15 09:10 AM
contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.
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sukhyani
11-08 05:51 PM
... from Texas :)
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Coppertop
10-06 04:11 PM
no. but you can vote for others (i think - cause I voted for dessoya)
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Re: Kawasaki Rouser 135




dealsnet
03-05 07:08 PM
Talk with hospitals in your area. May be $10K for the expense, if you didn't find any insurance to cover the pre-existing condition.
Spend it to get a US citizen child or save that money and make delivery happen in India.

btw her location will be @ Portland, Oregon.

Regards
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Re: Kawasaki Bajaj Rouser 135




papajon
06-18 02:39 PM
I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.

Thanks. Makes me feel better. Sound like your case is similar to mine - newspaper advertisement issue.
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abhishek101
05-28 07:28 PM
It does not matter who you are working for what matters is where you are living. Let's say there is a theft at your home while living in US, will you call Canadian police or US cops?

If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,

there is only one exception

If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.
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Re: Kawasaki Bajaj Rouser 135




njsucks
08-04 09:21 AM
from immigration-law.com
The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications.
Well. We have been waiting for so long that every day is a torture. 14 months IS a LOOOONG time on top of it. what have they been doing beforet this 14 months?
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senthil1
05-25 01:52 AM
No need to be scared of CIR. Even CIR is passed in current form US will reward right people those who are ready to take challenges. Make note of people who came for study in 1970 to 1995 How did they survive and overcome lot of issues. Those who want to get greencard on arrival has to forget and pack the bags. Those who has patience and work hard will get all including gc. There is always a way.

The latest version of the CIR bill majorly messes up legal immigrants' lives.
My advice would be to get ready to pack your bags and go back home.
The H1B provisions will make it impossible for you to stay here for long.

I presume you are affected by GC retrogression.
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Re: Kawasaki Bajaj Rouser 135




rb_248
08-14 06:56 AM
Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.

It can be done. For my case it took about 6 months. If you are in your 6th year or beyond, it is risky. But, note that your PERM application you submit must be identical to your old application to retain your PD.
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eilsoe
10-02 02:42 PM
haha, flex, i think pom is talking about my game (project)... :P

Now where's that wallpaper section...?
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veni001
02-06 09:46 PM
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.

Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortuous Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty

Really I would you appreciate you guys advise me right way to handle this.


Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.
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raysaikat
07-10 07:17 PM
Hi,

My friend has this scenario and want expert advise from IV members.

- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending

Question:

1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?

Thanks for your valuable suggestions.

Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
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puriyu
03-31 10:03 AM
Yes you can go for stamping in Halifax if you didn't change your employer.So if you going for restamping while working with same employer you are eligible.
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