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  • raj2007
    06-18 11:19 AM
    Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.

    but I am not an expert so I guess others around here might have a different take. Best,


    you can but it will be new h1 with 6 month validity. I think it will be new H1 and no quota is available now.

    Can't you get EAD from local USCIS center after 90 days if it was not processed?





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  • pappu
    12-26 09:34 AM
    Hi,

    I stumbled across this thread and this seems to be a great initiative that is managed professionally.

    I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:

    1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?

    2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?

    3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?

    4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?

    5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?

    I would appreciate if someone can answer the above questions.

    Thanks,
    IB

    Thank you for joining IV.
    IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.

    You can get all the information from our website and know about the problems people face during the greencard process from
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25

    and how we are working to solve those problems

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54





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  • thepaew
    02-09 01:41 PM
    Hello Pappu,

    I can write this. Please let me know the word count. When is the deadline?

    BR

    We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.

    Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference





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  • bigboy007
    01-15 04:49 PM
    This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.



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  • AirWaterandGC
    05-14 06:35 PM
    I had mentioned in earlier posts that as I understand IV's goals are broader than just getting the visa dates current. We as a organization should aim to streamline the legal immigration system at least employment based .... if possible even the family based. This would include but not be limited to at least some positive legislation that would enable more legal immigrants to get PR status.

    I assume Waldenpond, logiclife, pappu .... and all the leaders are working towards this and all of us are behind you supporting in your efforts.


    No one is scaling back. I dont really think there is any conspiracy to this and I think this is really good news.

    However the core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow. Aman was here last week thurs and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.





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  • GC20??
    08-20 09:51 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?
    Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.

    Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?

    "Post Decision Activity

    On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."



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  • abracadabra102
    10-18 06:09 PM
    Some of our members like JunRUN, Hermione etc. already guessed that 800,000 is the total no. of applications received including 131/765 etc. Kudos to you!!.





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  • Legal_In_A_Limbo
    04-27 09:22 PM
    same happened with me, already posted on couple of other threads.

    Hi,

    My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

    I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.

    Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.



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  • imm_check
    11-06 06:13 PM
    Who issued the checks ?? Was it you or your employer ?

    My employer has issued the checks





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  • vxb2004
    04-28 06:52 AM
    Any inputs please....



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  • kaarmaa
    05-04 11:48 AM
    What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?

    Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet

    Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).

    The following statement may be incorrect. Please consult an attorney
    You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.





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  • Libra
    08-29 02:05 PM
    If you are before july fiasco and after july fiasco filer

    and resides in MN/WI/IL/OH/PA/IN

    http://immigrationvoice.org/forum/showthread.php?t=12599&page=3

    or resides in MA/VT/ME/RI/NH/CT

    http://immigrationvoice.org/forum/showthread.php?t=12628

    or resides in NC/SC/GA/ FL

    http://immigrationvoice.org/forum/showthread.php?t=12632

    or resides in tri-state

    http://immigrationvoice.org/forum/showthread.php?t=12567



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  • kishore0302
    08-06 04:53 PM
    DDash ,

    Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.

    you will see your wife's check clearence today or tomorrow.


    any way, Congrats...





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  • sbabunle
    08-19 01:13 AM
    If you reappeal I think until the decision comes you are okay. But I'm
    not sure if you can work. Need to check with an attorney.

    If your job description need to match the degree you should be fine.
    Did you submit a credential evaluation? I think if both of the above
    things are okay, you should be through.

    If I were you I will contact an attorney, like Sheela or Rajiv who
    knows what they are doing.

    babu



    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.



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  • larmani
    04-09 06:30 PM
    If you are buying a new construction home from builder go with an agent the builder will pay 3% commission to the agent usually and you can get some $$ back from agent





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  • GreenCard_Soon
    05-25 01:44 PM
    Just sent the fax.



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  • singhsa3
    08-19 08:03 AM
    Forgive me but being an active volunteer I am seeing state of the affair so was compelled to make these comments.

    You are on 8th year of extension and this is a very stressful moment for you.
    IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.

    We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.

    If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.


    Hi,

    My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.

    While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.

    1. Have any of you been in this situation and had your case reopened and if so, how?

    2. Can I change my attorney in this situation and have him/her try to get the case reopened?

    Any advice would be much appreciated.

    Thanks.





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  • NO_Free_Rider
    09-14 12:47 PM
    Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.

    I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.

    Case 1:
    EB2 Labor filed: April 2005
    Labor Approved: December 2005
    I-140 Filed: January 2006
    RFE for Ability 2 pay and RFE replied.
    I-140 Denied: August 2007
    Never recieved the denial notice as per the lawyer

    Case 2:
    EB2 Labor filed: August 2005
    Labor Approved: January 2006
    I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
    I-485 Filed: August 2007
    RFE for W2/wages company tax information etc that were replied on time.
    I-140 Denied Sep 2009


    EAD valid till October: 2010
    AP Valid till Feb 2010

    H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
    Extension Denied based on Case 1 I-140: October 2008
    I-290B Appeal to commissioner filed and pending as of date

    Case 3:
    Pending EB2 labor since October 2008.

    I am paid more than the prevailing wages. Now the question is:
    1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
    2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
    3. If MTR/Appeal is filed for I-140, can I still continue working?

    Any thoughts or suggestions will be appreciated.





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  • luncheSpecials
    03-14 09:57 AM
    let them work .. now EB2 is current.. we all will get GC slowly





    CADude
    02-08 12:36 AM
    Mean Nothing if you PD is not CURRENT. If your PD is current you will get GC Soon.:D

    What I am asking is "what does processing date mean"?
    Does it mean that they have started working on my application?
    or that the cases on that date have been finalised either by way of approval OR denial ?





    rbritt1268
    December 21st, 2007, 08:48 AM
    Thanks for this Jason. I've often wondered why Olympus and Pentax haven't stepped up and gotten in the dslr market with the other big boys. My first camera was a Pentax K1000 (which I still have) and it was great. When I first decided to get into the dslr game myself I was disappointed to find so few choices of manufacturers.
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    receipt date on transfer notice [Archive] - Immigration Voice

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