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  • ilikekilo
    04-20 04:57 PM
    Hi Guys,
    My experience with driver's license renewal in Ohio with EAD/expired-H1 was a pleasant surprise.
    All I said was that I was a green card applicant, showed them my I-485 application receipt, and got a license valid for 4 years.

    Smooth. What a surprise.

    not sure what city you got in, but I was in Ohio for 7 yrs and never got 4 years, I got only until I94 or EAD exp date..mine was in cleveland...





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  • GotFreedom?
    03-12 09:43 PM
    Congratulations to you and your family. Enjoy!!





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  • Munna Bhai
    02-08 11:59 AM
    You want to keep your 140 intact for 2 reasons:

    1. To port the priority date for future use in a subsequent Greencard petition.
    2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

    First, about 1:

    There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

    In a nutshell:
    Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

    About 2:

    If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
    Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

    About preventing 140 from being revoked:

    I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.


    Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??





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  • lazycis
    11-30 11:38 AM
    If you are the primary applicant, then it's definitely a mistake. Call the USCSI customer service and report the issue. Not too much else you can do about it.



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  • mna123
    07-30 08:04 PM
    Thanks Ray and Kondur for your replies.

    So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.

    But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.

    The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.

    Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP. Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.

    And one more thing how long does it take generally to get interview once a person has applied for CP ??

    I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here :-(





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  • mrajatish
    04-17 03:41 PM
    Agree with you - my wife's PERM approval got lost in mail and she had to apply for 140 with an electronic copy as DOL will not issue a new approval notice.

    Mine, of course is languishing in BEC.

    The inefficiency of DOL is really incomparable - they are much worse than USCIS.



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  • milind70
    04-07 05:28 PM
    sam_gc,

    Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.

    There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!

    Rgds,
    gcisadawg

    There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.





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  • nozerd
    04-16 12:20 AM
    Any additional thoughts / opinions on getting travel insurance ? My uncle and aunt are coming over for 3 months in the summer. My uncle is 65 with typical BP/ Heart problem issues and aunt has no medical problem. Is ICICI Lombardi the best option ?
    Any other viewsand recomendations from those who have actually had to use the insurance and submit a claim etc ?

    Thanks



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  • pnjbindia
    10-08 03:48 PM
    gasat,
    No one can predict what the visa bullitin will do in the coming months. My suggestion is that atleast go and get a court marriage done if you can before May2008. It is possible that your PD may become current by May 2008. But no one can say that for sure...

    Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
    Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.

    Please clarify.





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  • dbevis
    June 4th, 2004, 08:32 PM
    Who remembers "The Prisoner"?


    You are Number Six
    I am not a number . . .
    I'm a free man!



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  • sledge_hammer
    06-02 11:53 AM
    It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.

    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.





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  • gsc999
    06-29 01:41 AM
    Sure. Tell me exactly day and time. I will make sure I am miles away from that. I just don't want to be identified with the "amnesty bill" since that is getting increasingly unpopular these days.
    ---
    Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
    Beware! Big Brother is watching.

    That is the reason I didn't support the US soccer team at World Cup.
    US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D

    Hilarious! Couldn't resist :o



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  • perm2gc
    12-20 01:34 AM
    Hi,

    I have my I-140 approved in EB2 category (applied in Feb 06), at present
    in H1b (paperwork valid till Nov. 07). I would like to know
    whether there are any problems in going to India and getting
    my visa stamping done.

    Are there any legal issues - like you cannot travel abroad while your I-140 is
    approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
    I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
    is Jan 03).

    Any suggestions/comments/advice greatly appreciated.

    pradeep
    You will have no problems.Take all the regular paper work and also take a copy of your labor and I140.





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  • LayoffBlog
    01-27 01:32 PM
    High-tech glass and ceramics maker Corning Inc. - which makes glass for LCD screens and monitors in addition to fiber-optic technology - announced Tuesday it will cut 3,500 jobs, or 13% of the company’s workforce, by the end of 2009.Source: CNNMoneyPosted in Manufacturing, US   Tagged: Corning, Corning layoff, Corning layoffs    http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1261&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/27/corning-slashes-3500-jobs/)



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  • nk2006
    05-03 08:01 AM
    If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.

    You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.

    To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)

    So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.

    So pray that congress does not fix the retrogression problem until you get your three year extension :)

    You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.

    The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.

    Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)





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  • fromnaija
    07-20 04:46 PM
    For I-485 AOS purpose, date of last entry into the US is used as basis of determining legal status. That is the law. Fair or not, it's not my call

    Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.

    A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
    100% legal status as he is having continious payslips after his re entry.

    B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.

    In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.



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  • Michael chertoff
    04-07 07:33 PM
    Hmm. Another kela. Don't worry MC, your time will come.

    Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.





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  • hsm2007
    09-21 07:42 AM
    Does it matter if it is Junior attorney or senior attorney in Murthy firm. I am not getting any appointments with senior until Friday.




    First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.

    During discussion bring up the topic of new employment (C) as well .

    If you have the format from your current company attorney , show it to them .

    It might be simpler then you are thinking.





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  • cinqsit
    02-02 08:43 PM
    If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

    Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

    Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.

    Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)

    Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.

    They will check for ability to pay and other checks the they do at 1140 stage again.

    Good luck

    cinqsit





    wandmaker
    02-16 12:58 PM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David

    For Q1, Please call 1-866-487-2365
    For Q2, Please call 1-800-375-5283





    singhsa3
    06-01 05:58 PM
    It is illegal. If being paid less than on your H1 LCA



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