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  • BumbleBee
    08-15 01:41 PM
    Yes lonemetro,
    You can re-use priority date established on first I-140 for any sub-sequent I-140 filling. As I understand from your post, you have EB3 labor approved and have just filed for I-140 based on it.
    Now, parent company wants to transfer you. Generally I would think you should be able to transfer and still have your GC process going if the company indeed is a 'parent company' but seems there is something different here.

    As a general rule, as long as your previously approved I-140 remained approved, you can re-use priority date established for that I-140 for any subsequent I-140 petition. The sub-sequent petition can be with any employer, and yes, you would need a new labor to file that new I-140 :)

    Try EB1 or EB2 this time :cool:


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  • zico123
    05-16 08:59 PM
    It's about time the govt decided to question H1B visa hogging companies.

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  • ivjobs
    10-28 07:49 AM
    I have seen many people on this forum that haven't notified USCIS but changed jobs.


    I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD

    1. Is it Mandatory to file AC21?

    2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects?

    3. Can I work on 1099?

    Thanks in Advance.

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  • xtronics
    03-19 10:33 AM
    It is still pending. Already 7 weeks. Any input guys?
    Thank you


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  • sury
    05-23 07:04 AM
    I got EAD on February 2008 with my primary GC employer. My PD is just 4 months away and I got a job offer in a big company which I cannot afford to loose.

    The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...

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  • desanar
    04-04 06:17 PM
    If individual have US degree (Bachelor of Science in Nursing) along with B. SC in Microbiology from Indian, 1 yr Medical Lab Technician Course and 18 months Lab Assistance experience. Individual is on H4 visa, based on above qualification would student eligible for H1B visa? Person does not have SSN so do not qualify to get RN license in CA state. Any useful response will be kindly appreciated.


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  • jsb
    07-06 01:53 PM
    Hello friends,

    wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....

    Did aanyone around June 15 -June 20th get any approval yet?

    Isn't it too soon to expect it? They usually take 45 to 60 days. It has been only a couple of weeks.

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  • sam_hoosier
    12-13 12:57 PM
    This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
    I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
    Any suggestions are greatly appreciated.

    My Case Details:
    PD: EB2- 2006.
    I-140 Cleared.
    EAD: Received.
    FP: Completed

    Yes, they would record your call but I dont see it creating any problems in the future as long as you satisfy the AC21 conditions if/when you change jobs.


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  • injrav
    03-21 01:51 PM
    Thanks you. The minimum donation online is $50. Yo have to scroll down for one time contributions, below to the 6th or 7th one in the dropdown.

    Thanks for quick reply

    I donated 50$ through pay pal.

    Your receipt number for this payment is: 46xx-xxxx-xxxx-0287

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  • H1B-GC
    06-18 11:14 AM
    Wondering if we need to Pay $80 towards Biometric Fee when Renewing I-131? Paid the Biometric Fee last year when the Travel Document was Applied for the First Time.


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  • justAnotherFile
    03-21 01:04 PM
    Looking at the responses from admins and core group on the Frist Bill threads it appears that the strategy for IV is to
    (i) Send mass faxes to senators to establish IV as a significant org
    (ii) Use the above leverage and QGA contacts to try and include additional favourable clauses in the bill while still supporting the bill as is.

    The 2 main broad clauses that everyone seems to have consensus on is

    (A) Re-instatement of AC-21 (paragraph 5) in full so that oversubscribed countries are eligible to use left-over visas from the rest of the world.
    (B) Ability to file I-485 while the visa number is retrogressed.

    This thread is to discuss alternatives for these 2 main clauses so that various options can be discussed with Senators if they are not willing to put these clauses as is:

    For example:

    (A) AC-21 clause alternatives
    1. Put in the clause for a limited time period like 5 years, this will relieve the curretn backlog as well as make sure that the immigration per country numbers are not skewed for ever.
    2. Increase the per-country limits to 25% so it may be skewed but not that much
    3. Increase the per-country to 25% for a limited period of time ( 5 years)
    4. Have per country limit 10% on current year only. But for recapture from previous years do not impose per country limit.

    (B) Filing I-485 when priority dates not curretn
    1. allow for filing if I-140 approved and priority dates stilll not curretn
    2. allow for filing of 6 months has passed since I-140 approved and priority dates curretn
    3. USCIS favourite :-) allow filing if 45 days has passed since I-140 has been filed and priority dates not curretn.

    Pleas pitch in with alternative ideas on these 2 main clauses.

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  • chanduv23
    09-13 07:33 AM
    Here is an inspirational song by Mavis Staples to motivate the rally goers. The song and the video are moving. But, some might find the video graphic so, please use discretion.

    Good luck on the 18th.

    P.S: I can't go as I have a date with the court.

    Excellent inspiration - everyone must now go to DC.


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  • softman
    07-21 11:08 AM
    Hi Softman,

    I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
    My question to you is are you able to find an attorney to represent you since you changed the job?..
    Inthehole, can you be little bit elaborate, what job code you filled in AC21, how did you know that if you don’t have your Labor copy.

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  • nogc_noproblem
    10-24 03:00 PM
    As per my attorney, NO it won't affect the GC process. However the Job description should remain same as in your Labor Certificate.

    Better confirm with your attorney.

    Hi !
    My husband just had his performance appraisal today. He is presently working as a Senior Consultant.What we are wondering is that if there is any change in the designation, will it affect the GC process in any way ?

    We got our I-140 last month and EAD two weeks back.
    Kindly advice us on this.

    Vinki :)

    Note: I am not a Lawyer and this is just my opinion


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  • rolrblade
    07-31 01:46 PM

    I have a question an experts:

    Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.

    Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
    I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??

    A little correction to andy's answer above.

    yes, the I-140 is also for NIW cases, but remember that your priority date is not "fixed" unless you have an approved I-140 backing up that petition.

    What Shusterman is saying is that file the I-140 today and get receipt notice (number) and then based on the priority dates being current only till today you will be able to file the I-485 before Aug 17th.

    Does this help clear your doubts! Do I qualify as the "expert" that you are looking for? :D Send me a pM if you have questions.

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  • GCplease
    02-04 04:41 PM
    I have mis-placed my EAD. Normally I can just apply for another EAD. But, I will be travelling to India in Mid March on Advance Parole and I'm not sure if I'll get the EAD by then.

    My question is, will they ask for EAD upon re-entry.

    I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?

    Any advice is appreciated.


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  • battineni
    06-09 10:46 AM
    Really good work by IV team

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  • sertasheep
    07-01 06:27 PM
    What is the actual text of the notice you received from USCIS? Can you reproduce that here? What does one mean by "long form"?
    Also, what is the deadline given? (Date of notice, and date by which you must respond?)
    What do you mean by "meeting for PR"? Were you required to appear for an interview in person for adjustment of status?

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  • tabletpc
    04-02 12:19 PM
    If you want immediate responses then your questions should be either on EAD/AP/485 or something to do with GC. For other queries members here take low priority..this is my observation..!!! But keep sharing knowledge ...!!!

    Coming to your questions,

    The best suggestion would be to request company B to apply under premium, so that you will get to know either way in 15 days...!!!

    Good luck...

    06-17 09:18 PM
    Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.

    I suggest go with EB2 if the priority date is way ahead of EB3

    Blog Feeds
    08-26 07:20 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    Elin Nordegren broke her silence ( and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.

    In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.

    If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.

    We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf

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