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  • Green.Tech
    07-18 01:39 PM
    Folks,

    Not to hijack the message posted by the OP, I have a question:

    If I file 485 at this time with EB-3 labor approval, can i still upgrade to EB-2 later with the same employer (after 485 has been filed). I understand that the employer will have to redo the PERM and 140 but is it doable? At what stage will I be able to port the PD from my EB-3 labor in that case?

    Anyone who has done that before? Ideas?




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  • scubadude
    May 25th, 2005, 06:47 PM
    Thanks for your replies. I'll see what I can do to improve.




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  • zuhail
    10-30 02:02 PM
    I completely disagree with what gc_on_demand is saying.
    Even as recently as this week, Congress has passed some immigration provisions that has been added to other major bills and Obama has signed them into law. I do not believe that Hispanic Caucus is simply blocking every immigration legislation until CIR- that's just BS.

    Based on the statistics published by USCIS,
    MurthyDotCom : USCIS Shares Useful Info in Pending I-485 Charts (http://www.murthy.com/news/n_pndchr.html)

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

    I think passing this bill help will definitely help the EB2 category which would consequently make more visa numbers available for EB3 category.
    I believe that IV should start a dedicated fund raising movement for lobbying efforts to help pass this bill.
    Sri.




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  • ups
    05-07 02:59 PM
    I and my husband both of us lost our passports too. We got it stamped again when we went to India. In between I transferred my h1s also with the copy of lost passport and duplicate passport issued by indian embassy ny office. It wasn't too difficult to get it stamped again from mumbai consulate india.

    You might get it stamped from Canada or Mexico. We just didn't want to take risk because we had copy of lost and inside usa we could do all our work(including transferring h1s) with the copy.

    Don't worry. It is not that big as it looks. Though indian embassy took 12 months to issue duplicate passport



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  • fide_champ
    03-04 05:30 PM
    I would say this is the best time to get education. Learn something, as soon as you have work permit, that will pay you back heavily.

    I thought he/she was asking ways to earn money?




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  • floridasun
    01-27 02:37 PM
    Congratulations - enjoy your FREEDOM ! BTW I have the same priority date - only one trivial difference - EB 3 :eek:

    We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.

    I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.

    Thanks everybody.!

    EB-II (India)
    PD - April 2006
    Filed 485 (spouse & myself) - July 2007
    485 Approved / Cards recd - January 2011.



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  • raysaikat
    02-16 09:32 AM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    Yes.

    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf

    This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.

    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".

    There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.

    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    This is the preferable option.

    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)
    [QUOTE=sa.node;2357341]

    I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.




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  • waiting4gc42long
    08-11 01:14 AM
    retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..

    I would say file it together.. thats the best..

    He will get around 10 days to apply for his spouse after the dates are current and before the approval of his petition. Better file now and add spouse to the application later. This is what I would suggest.



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  • smartboy75
    10-17 03:22 PM
    10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

    The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
    Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
    Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
    Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.

    Source:
    www.immigration-law.com




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  • upuaut
    08-16 07:00 AM
    oh.. it's probebly the tutorial on Kirupa.com.. duh.. (guess I haven't woken up yet either.)



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  • mrsr
    07-31 09:14 PM
    is he a self filer? or done through attorney




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  • sathyaraj
    11-14 01:16 PM
    My opinion is not to waste to get the replacement EAD as it is already approved. As per my understanding most of the employers do want only the copy of the EAD card for verification purposes. My wife was never been asked EAD card when she was attending interviews. They needed only copies.

    Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.

    It is better to inform USCIS though just to prevent any possible identity theft.

    P.S. I am not a lawyer. This is just my thoughts!



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  • Redeye
    04-09 03:05 PM
    First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.

    I have I-140 approved with more than 180 days with I-485 pending.
    I still have valid H1.
    Can someone be with their sponsoring employer on H1 and start business on EAD part time.




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  • sunny1000
    07-11 02:36 AM
    congrats and thanks to those grassroot IV members who came up with this campaign. Hats off to you all!!

    A big Salute to The MAHATMA!



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  • baburob2
    10-08 01:48 AM
    thx.




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  • seekerofpeace
    08-14 04:40 PM
    I am a July 23rd filer with ND of Sept 24th....no LUDs but RFE last year.....I know of ppl who got GCs with no LUDs to their records...so it is anybody's guess.

    I have a WAC no. for TSC so I am screwed further....TSC overflowed my case to CSC and then back to TSC....ppl like me are the worst affected....but since I got an RFE last year they must have opened my file and why would they open my I-485 if they are following ND which i not current even now...

    It is all a big mess...god only knows....USCIS is a black box we only know what goes inside that box...what comes out is a lottery....satta...

    SoP



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  • JuneBut2ndJuly
    09-05 06:53 PM
    Today employer sent mail checks cashed.waiting for receipts.

    Jul 2nd Received by J Barrett at 10:25 AM at NSC

    My I-140 was approved from TSC in Feb 2007
    My PD is Jun 2003; EB2-India




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  • srinivasj
    05-18 02:13 PM
    Wow, I just tried the "yanks are coming" one. What the heck is that? Did you actually read all of that? I feel ashamed of myself when you say that. Maybe I am too busy or have very little patience. Probably useful articles, however, due to my inability to concentrate for long (I asume) I could not actually make out what that was all about :confused::confused::confused::D:D

    I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...




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  • akhilmahajan
    06-27 10:09 AM
    SOMEONE PLEASE ADVISE!!!!

    You cna do a FOIA.
    It takes quite some time, but a lot of people have been able to get what they have been looking for.

    I hope this helps.




    mayitbesoon
    11-29 01:36 PM
    can someone tell me how to find LUD on the online status. Thanks.




    gc28262
    07-16 07:30 AM
    Murthy Bulletin
    VOL. XVI, no. 29; Jul 2010, week 3
    Posted : 16.Jul.2010

    MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)

    Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.

    Background of Denial of Entry to the U.S. in January 2010

    The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.

    Travel Outside of the United States

    The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.

    CBP Checks on Returning H1B Workers

    When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.

    The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.

    Removed H1B Worker Contacts Murthy to Take Action

    The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.

    New H1B Petition Approval

    While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.

    Murthy Takes Action to Reverse Earlier CBP Decision

    The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.

    Determined Follow-up Leads to Relief

    The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.

    Conclusion

    We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.