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  • logiclife
    06-20 12:06 PM

    I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:

    1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?

    2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.

    3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?


    (1) is surely an option if you think your prayers are strong enough. I wouldnt trust prayers when it comes to immigration process.

    About options (2) and (3), its surely a great option. Contact your ex employer and file the greencard thru him. When I say "Thru him" all you need from him is a letter on company letter head from the boss/HR that still intend to hire you when you get your greencard. Other than that, it is possible to do the whole thing by yourself either thru your own lawyer or by doing it yourself. Its not rocket science. If you have a good lawyer, go thru him.


    Also, keep in mind that you dont have to start working for him just because he is filing your 485 based on labor/140 that he sponsored. You can continue working where you are working right now. GC is for future employment. (However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer). Also, one last thing if you go thru this route. You need to maintain good relations with this employer if he files your 485 at least for 180 days after its filed. That's because you need him to write a letter that "yes I intend to hire this guy" should USCIS ask him that again during the intial 180 days. After 180 days have passed, if USCIS asks and sends RFE about "who is going to hire you after getting GC", you can exercise your AC21 option and produce a letter from your current employer (whomever you are working for at the time) that they intend to keep your employed after you get GC.


    Now, about having to work for your ex-employer because you filing 485 based on approved labor and 140 that was sponsored by your ex-employer, here is the deal : If 180 days have passed since your 485 is pending and if your greencard is approved after that (after 180 days of 485 filing) then you do not have to go back to your ex-employer. That's because the option of using AC21 portability is available only AFTER 180 days, not before that. Now, if your 485 gets approved in less than 180 days (which is unlikely because they are never that fast and plus the dates have to be current), then YES, you have to go to work for your employer for at least a couple of months as soon as your 485 is approved. However, the chances of the situation coming to that is very unlikely. I dont think anyone is going to get their 485 approved in less than 180 days.

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  • jnraajan
    09-23 05:22 PM
    I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
    Dear Guru's

    I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

    However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

    It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

    based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

    Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

    I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

    I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

    Is there anyway I can talk to ombudsman office and get personal attention to my case.

    Guru's please help me out with your experience and ideas.

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  • prom2
    10-30 12:54 PM

    My lawyer just received AP docs.

    nviren: usually they go to lawyer address (as per other users).

    Good luck.

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  • GKBest
    10-30 05:26 PM
    We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.

    Can anyone let me know what documents are required to show up at SSN office while applying SSN.


    If it is the first time, they might ask for a birth certificate


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  • sk.aggarwal
    06-17 08:45 AM
    I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
    1. Shift to some other status like H4
    2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.

    But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.

    This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.

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  • h1bemployee
    06-23 05:47 PM
    if I apply for a new H1 transfer , can I start working after getting the receipt?


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  • boreal
    01-31 06:52 PM
    OH boy! USCIS has found a new way of harassing us legal immigrants ;) come on guys! Know how to solve issues. Begin by not creating a thread at IV for such issues. Talk to your utility company folks, see whats happening. Check with your landlord to know why the meter reading is so high..If they have already charge your credit card, dispute it...start by talking with real people on the phone or maybe visit the utility company personally...for God's sake dont show your ignorance like this and give more fodder to SOBs like Matt....please!!

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  • jayp
    12-16 11:04 AM
    check this link for NJ DMV


    then select renew license renew which has a page for you to select the
    6 point id verification. I looked and it has EAD as one of the documents. I would print each page with your selection and take it with you
    I assume you do not have a valid I-94.
    Also call your state DMV and confirm what documents are sufficient.
    hope this helps.


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  • pd_recapturing
    09-04 10:41 AM
    There is a confusion in following statement:
    "Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested"
    I read in some other forums that you do not need to wait for your PD to be current to interfile. Is that true ? My attorney is also saying that we can interfile as soon as we receive the RN. My PD is May 2004.

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  • bang
    01-05 07:09 AM
    Otherway is, as the person status is in pending which is not illegal ----- Where did you find this from ????


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  • chanduv23
    03-15 06:57 AM
    In 1996 I joined a residency on J-1
    1999-2001 i did a fellowship
    2001-2003 another fellowship- needed special permission from ECFMG

    2003 started a waiver job and I'm still in the same job in my 4th year.
    Good job in a very nice metropolitan area.

    Home residency requirement is 2 years
    The new Conrad law is certainly better and should make things somewhat easier.

    Hi Paskal, I am trying to understand things here. So you got a "J1" transfer to do your fellowship and again another J1 transfer/extension to do your fellowship?
    The reason I ask is, my wife is on h1b and is currently in her 1st year residency (IM) and wants to do a fellowship, so the fellowship must be done on a h1b only I guess and h1b is only for 6 years unless the organization files for GC and get extensions. In general how are fellowships on h1b or J1? As such residency on h1b is extremely in recent times so I guess same is with fellowship.

    If you have gone through a J1 residency and 2 fellowships and a wiaver job for 4 years, means you really worked it out very hard. Members like you must be an inspiration for other IV members. Maybe you must submit your story to IV.

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  • sam_hoosier
    12-11 12:39 PM
    Does anybody know what is the current fee for H1B transfer (from one employer to another), and how long does it take.

    $ 320 filing fees + $ 1500 employer fees = $ 1820

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


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  • gsc999
    06-15 03:39 PM
    No need to write "None"..just leave it blank. Thats what my attorney told.
    Thanks, I will prefer to leave it blank.

    Whats with so many diff. opinion about Alien # :eek:

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  • digitalborealis
    01-10 10:51 AM
    That probably was unnecessary and may triggered the additional check due to export control of high end researches.

    I can imagine.. I work on Assisted GPS platform on US Wireless Carrier Phones. So When he heard GPS, he (VO) must have raised the flag. Having said that, I am a direct employee, not through any consulting company or so. it is just a matter of time. Just wait and watch.

    I will update any reply I would get.


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  • StuckInTheMuck
    08-07 10:47 AM
    I filed mine, and my wife's, July 2 ('07) without medical, got status alert "RFE notice sent" Aug 4, guessing medical (have doc appointment tomorrow).

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  • BharatPremi
    11-09 01:19 PM
    to those who replied, i'm sure iv can use all your skills
    please make sure your profiles are completed, we cannot proceed without basic contact information on you.

    we may eventually ask you for a resume- not that we need all the details but it does help understand background and skills and you will get a much better fit for your volunteer work. this is something we have learnt from past experience...

    everyone willing to help is welcome. please do not forget the profile!!!

    What main theme do you expect for probable resume?


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  • sledge_hammer
    07-09 11:44 AM
    I agree 200% with you...

    In our society we always waive the rules for emergency, so I see nothing wrong in posting this, If at least one or two people come forward to help after seeing this,that itself a victory for this post.

    I am not being rude here, consider this post in a humane nature

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  • diptam
    08-04 12:02 AM
    We July2nd filers called them this morning and they couldn't find us in DB by FN,LN, DOB...

    And in the evening they are saying we are in DB but receipts are yet to be generated ???

    See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.

    So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.

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  • rb_248
    03-30 11:02 AM
    If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.

    A former colleague of mine from B'Desh got his GC in 14 weeks.

    ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.

    07-09 11:50 AM
    I am working on EAD which expires on 10th Septempber 2008. I filed for my EAD on 25th June, 2008 and with the current processing dates at Nebraska, my guess is that I wont recieve my EAD until later September/early October.

    Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?

    My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.

    I would really appreciate your advice on this.

    04-30 12:27 PM
    Your case got approved pretty fast........

    I just wanted to make sure it was not filed premium.........