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  • nb_des
    09-27 02:31 PM
    According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com

    1. Can you please explain if priority dates can be transferred?
    2. What If I-140 Is Denied?


    A29 1. Sure. Here is the law:
    CHANGING EMPLOYER BEFORE I-140 APPROVAL
    If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
    2. That situation is legally the same as changing employers before I-140 employer.

    CHANGING EMPLOYER AFTER I-140 APPROVAL
    If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.

    If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.

    We recommend that an applicant keep at least a copy of the I-140 approval notice.




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  • learning01
    05-05 01:53 PM
    in this administration. Corrupt and not working. Sad state of affairs.



    GOP's Ed Rollins: Hookergate is "Big"
    By Justin Rood - May 3, 2006, 10:15 PM

    GOP super-strategist Ed Rollins (late of the Katherine Harris campaign) made a couple interesting comments on Charlie Rose last night. First, he indicated strongly that he believes a number of the other lawmakers in trouble with Hookergate are Defense appropriators. He also says as many as 15 lawmakers could get indicted over the mess in the next few months.

    Maybe Ed's playing the expectations game: if voters buy the 15 number, and only seven actually get busted, well then the kids aren't so bad after all. Still, it's interesting speculation from an insider. I just found the show transcript on Nexis -- emphasis is mine:

    ED ROLLINS. . . If this House scandal is as big as I think it is from talking to people that are around it -- of course it started with Cunningham and it`s moving beyond that.

    GEORGE STEPHANOPOULOS: Duke Cunningham.

    ED ROLLINS: Duke Cunningham, a congressman from San Diego who took bribes. There was a real little cabal on the Defense Appropriations Committee in which a couple of people who basically made an awful lot of money off of defense contractors and basically rewarded a bunch of members, Republicans.

    GEORGE STEPHANOPOULOS: Including a story that broke over the weekend, perhaps the use of prostitutes.



    Harpers Magazine: Red Lights on Capitol Hill? (http://www.harpers.org/sb-red-lights-on-capitol-hill.html)

    WSJ: Prosecutors May Widen Congressional-Bribe Case - Cunningham Is Suspected Of Asking for Prostitutes; Were Others Involved? (http://online.wsj.com/public/article/SB114610728002837324-FnHaEYAFT_b7QFGwPxnAIiEcHEI_20060527.html?mod=tff_ main_tff_top)

    My feeling is that there wont be any new bills for years sometimes. Both house and senate are deeply divided on the immigration issues. All of them want reform. But nobody can agree on any proposals being put forward to.
    Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.

    When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.




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  • MYGCBY2010
    10-02 05:25 PM
    Filed in Nebraska...Went to CSC... Got my Receipt Number Sept last week...




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  • EB3_SEP04
    08-25 12:29 PM
    As for as I know USCIS local office has stopped issuing interim EAD some where from 2006.
    The only option we have is to request for expedite process which we can do by calling the USCIS customer service number. This you can get it in the USCIS website.

    I think we can get the infopass only if 90 days has passed or if your EAD is going to expire soon and you need immediate attention.

    Thanks buddy!
    BTW, How to get an INFOPASS appointment?



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  • gemini23
    11-19 09:21 AM
    Thanks Wandmaker,

    my question was if my visa page has expire visa stamp, is that okay to send them a copy of that. will it impact my ead approval?

    gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee




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  • vikki76
    11-09 01:45 PM
    My quires are.
    1. Do i need to go for stamping in Canada or Mexico

    Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
    2. Can i work for company B with my H1B approval
    Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
    3. To start my new job, do my employer should change my status
    Answer: Definitely-YES. I-9 form from employer should reflect this
    4. If going for stamping do my dependents also should join me
    Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together



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  • lost
    07-09 01:12 PM
    its a good option to move from eb3 to eb2. Jumping from 2001 to 2005 on VB!




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  • jkays94
    03-22 09:51 PM
    Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.


    You're welcome, great! keep us updated, I believe most of the Senators are unaware of the impact and plight of high skilled employment based GC applicants. The eventual fate in the house of the immigration provisions in S1932 has indeed created the false impression in the senate that these issues were addressed in the bill. Keep up the good work, its important that we get the message urgently to the different senate offices given that Senator Frist indeeds to have one of the Comprehensive Immigration bills debated on the senate floor starting this coming Monday (March 27th)



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  • stemcell
    02-28 10:36 AM
    Hi Guys,

    I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.

    Will appreciate if u could help.



    Thank you in advance.

    Please ask relevant questions in this forum.
    Asking about taxes,home buying,etc etc just is beyond the purpose of this forum.:confused:




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  • rangaswamy
    06-21 09:34 AM
    Thanks for all the replies. Its a very good point that the medical wil get delayed as i have mine scheduled next thursday.

    Will see if there is any work around.

    Also... You can submit your husbands work papers as you are a dependent.

    If you are an engineer then definitely you should have an ecnr but you can have what ever is on your current passport

    I dont know about 31 myself. i will update this posting if i go to the consulate tomorrow.



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  • nkavjs
    09-25 11:47 AM
    Hello.

    I was reading one of the old postings mentioning someone's wife wanting to move from H1 to EAD and a new baby. I am in the same situation and donot know anything pertaining to legal requirement of working specific requirements working with sponsoring employer for specific numbers of hours to keep the EAD status on.

    - Currently I (primary) am on H1B working 30 hrs per week as a full-timer. I want to step down to EAD status and just work may be 10 hrs per week or weeks as floater.
    - What are the legal hassles am I looking for GC processing if I only work few miniumu hrs on EAD for the sponsor.
    - Possibly can I work 2 part-time jobs at same position with diff. employer on EAD? Will USCIS have trouble with me at the time of EAD renewal.

    EB3- India July 003
    I-140 approved
    485 pending
    AP and EAD approved. till 2010


    Please advise me
    Thanks a lot
    nkavjs




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  • carbon
    05-31 12:38 PM
    How about contacting companies to give us contact numbers of their employees who's green card is in process, then we can contact them and inform them about IV !



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  • masti_Gai
    01-05 03:00 PM
    there is no discrepancy here.
    The no. of members has been increasing as new members are joinin the forum thatz it. So every time we check it out we might find a different no.

    as of now 3:53 PM the status is
    Threads: 2,478, Posts: 38,828, Members: 8,104, Active Members: 3,611




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  • sandeepk_c
    06-12 12:13 PM
    thanks.



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  • kerstbrd
    02-22 06:17 PM
    I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.

    I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
    Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
    I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.

    Anyway, I was just frustated, sorry about this rage but just needed an outlet.

    People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
    & /OR B) They have good lawyer, who is very much prudent and willing to take chances.

    Any other theories and welcome

    *CONDITIONS APPLY LOL

    my friend, you've been played. EB1 requires no labor cert. Your lawyer convinced you to "chicken out" & wait a couple of years longer in the queue. Thereby paying him fees to help you do labor certs and multiple H1/EAD/AP renewals.




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  • lskreddy
    06-12 12:39 AM
    Yes, you can upgrade to anytime and in your case, if you had labor approved and I140 pending until Nov 1st, then you can upgrade to PP, wait for its approval and apply for a 3 year extension.

    You can also apply for H1 before and when I140 pps goes through, notify CIS about your I140 approval with a request to grant a 3 year extension instead of 1.



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  • clockwork
    08-26 12:03 AM
    Guys,
    I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...




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  • Sunny33
    12-28 02:25 PM
    Some times airline people don't even bother to collect the I94. It happend to me twice and I still have those old I94s. I think they will just collect it if you have it on the passport. They will scan your password for your depature entry which is more important. I think you should have not any problem.




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  • bp333
    09-25 12:51 PM
    I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.

    Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??




    purgan
    01-06 11:20 PM
    What the failure to pass the Appropriations bills means to American science...

    --------------------------------------------------------------------------

    NEW YORK TIMES
    January 7, 2007
    Congressional Budget Delay Stymies Scientific Research
    By WILLIAM J. BROAD

    The failure of Congress to pass new budgets for the current fiscal year has produced a crisis in science financing that threatens to close major facilities, delay new projects and leave thousands of government scientists out of work, federal and private officials say.

    �The consequences for American science will be disastrous,� said Michael S. Lubell, a senior official of the American Physical Society, the world�s largest group of physicists. �The message to young scientists and industry leaders, alike, will be, �Look outside the U.S. if you want to succeed.� �

    Last year, Congress passed just 2 of 11 spending bills � for the military and domestic security � and froze all other federal spending at 2006 levels. Factoring in inflation, the budgets translate into reductions of about 3 percent to 4 percent for most fields of science and engineering.

    Representative Rush D. Holt, a New Jersey Democrat and a physicist, said that scientists, in most cases, were likely to see little or no relief. �It�s that bad,� Mr. Holt said. �For this year, it�s going to be belt tightening all around.�

    Congressional Democrats said last month that they would not try to finish multiple spending bills left hanging by the departed Republican majority and would instead keep most government agencies operating under their current budgets until next fall. Except for the Pentagon and the Department of Homeland Security, the government is being financed under a stopgap resolution. It expires Feb. 15, and Democrats said they planned to extend a similar resolution through Sept. 30.

    Some Republicans favored not finishing the bills because of automatic savings achieved by forgoing expected spending increases. Democrats and Republicans alike say that operating under current budgets, in some cases with less money, can strap federal agencies and lead to major disruptions in service.

    Scientists say that is especially true for the physical sciences, which include physics, chemistry and astronomy. When it comes to federal financing, such fields in recent years have fared poorly compared with biology. The National Institutes of Health, for instance, spend more than $28 billion annually on biomedical programs, five times more than all federal spending for physical sciences.

    For 2007, Congress and the Bush administration agreed that the federal budget for the physical sciences should get a major increase. A year ago, in his American Competitiveness Initiative, President Bush called for doubling the money for science over a decade. That prompted schools and federal laboratories to prepare for long-deferred repairs and expansions, plans that appear now to be in jeopardy.

    Among the projects at risk is the Relativistic Heavy Ion Collider at the Brookhaven National Laboratory in New York, on Long Island. The $600 million machine � 2.4 miles in circumference � slams together subatomic particles to recreate conditions at the beginning of time, some 14 billion years ago, so scientists can study the Big Bang theory. It was already operating partly on charitable contributions, officials say, and now could shut down entirely, throwing its 1,069 specialists into limbo.

    �For us, it�s quite serious,� said Sam Aronson, the Brookhaven director. For the nation, Dr. Aronson added, the timing is especially bad because the collider has given the United States a head start on European rivals, who hope to build a more powerful machine.

    �Things are pretty miserable for a year in which people talked a lot about regaining our competitive edge,� Dr. Aronson said. �I think all that�s stalled.�

    Another potential victim is the Fermi National Accelerator Laboratory in Illinois, where a four-mile-long collider investigates the building blocks of matter. Its director, Piermaria Oddone, said the laboratory would close for a month as most of the staff of 4,200 are sent home.

    Congress and the Bush administration could restore much of the science financing in the 2008 budget. Scientists say it would help enormously, but add that senior staff members by that point may have already abandoned major projects for other jobs that were more stable.

    Other projects affected by the budget freeze include:

    �A $1.4 billion particle accelerator at the Oak Ridge National Laboratory in Tennessee meant to probe the fine structure of materials and aid in cutting-edge technologies. Its opening might be delayed a year.

    �A $30 million contribution to a global team designing an experimental reactor to fuse atoms rather than break them apart. Controlled fusion, if successful, would offer a nearly inexhaustible source of energy.

    �A $440 million X-ray machine some two miles long at the Stanford Linear Accelerator Center in California that would act like a microscope to peer inside materials, aiding science and industry. Construction, begun last year, would slow.

    �It�s pretty bad,� said Burton Richter, a Nobel laureate in physics. �There�s going to be another year of stagnation. That hurts a lot.�

    The National Science Foundation, which supports basic research at universities, had expected a $400 million increase over the $5.7 billion budget it received in 2006. Now, the freeze is prompting program cuts, delays and slowdowns.

    �It�s rather devastating,� said Jeff Nesbit, the foundation�s head of legislative and public affairs. �While $400 million in the grand scheme of things might seem like decimal dust, it�s hugely important for universities that rely on N.S.F. funding.�

    The threatened programs include a $50 million plan to build a supercomputer that universities would use to push back frontiers in science and engineering; a $310 million observatory meant to study the ocean environment from the seabed to the surface; a $62 million contribution to a global program of polar research involving 10 other nations; and a $98 million ship to explore the Arctic, including the thinning of its sheath of floating sea ice.

    Missions at the National Aeronautics and Space Administration are also threatened, with $100 million in cuts. Paul Hertz, the chief scientist at NASA�s science mission directorate, said potential victims included programs to explore Mars, astrophysics and space weather.

    Physicists said a partial solution to the crisis would let the Energy Department do what it wanted to do all along for 2007: move $500 million left over from environmental cleanup accounts into the physical sciences. That would require Congressional approval but no budget increase.

    Raymond L. Orbach, the department�s under secretary for science, in a recent statement seemed to call for such legislative relief.

    �A yearlong continuing resolution takes away many of the opportunities for advancing science,� Dr. Orbach said. �We urge Congress to continue critical investments in America�s scientific leadership.�




    bo12b
    11-24 02:00 PM
    Anyone??
    bo12b

    Hello all,

    My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.

    But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
    OR
    Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??

    I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.

    Thanks
    Bo12b



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