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  • GCVivek
    01-28 05:57 PM
    Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)

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  • sanjay
    02-23 10:35 PM
    As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.

    AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.

    Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.

    I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.

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  • reddymjm
    05-05 06:00 PM
    I am sorry...I know this is irrelevent question here. I want to start new thread. How to start. I am not able find it. :(

    Please help and don't give reds.

    On home page clikc on forums. Then select a topic. You should see new thread there.

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  • saketkapur
    12-02 06:58 PM
    This in from Ron Gotcher website....I guess they are reading our letters.....

    Good news concerning AOS denials based on I-140 revocations


    We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.

    Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.

    I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.

    I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.

    I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.


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  • kprgroup
    12-02 10:42 AM
    Same here.MTR approved NOV 2008 but online still showing Denied.It's strange feeling when you see denied status online..........Just live with it

    Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.

    Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.

    And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.

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  • Gravitation
    09-11 10:25 AM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.

    Apply for EAD and AP asap.
    If you change your job yourself in less than six months... there may be trouble... but...
    If you get laid-off in less than six months after filing I-485, you'll be fine (GC wise). You'll need either H1B transfer or EAD to work... but you'll not be out of status. After you file I-485, you're a parolee till the final decision on your I-485 application has been made.

    Good luck.


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  • greencard_fever
    01-03 03:06 PM
    hi i have a question here:

    suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
    Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
    so whose application processed first? is x's or Y's for final GC process.
    thanks for your answers.

    As far as i know...if x's and y's PD's are current at some given time..then Y's file will be processed first because his RD is earlier and then X's file..its toatlly depends on PD (whose PD is current)..this is what i know..i may be worng..

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  • WaitingYaar
    01-18 09:00 PM
    Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?


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  • injrav
    07-27 02:53 PM
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  • finimits
    05-03 09:55 AM
    Hi Saji007,

    Really? That is very encouraging indeed.
    Even I have currently 5.5 years done on my H1B and looking to change soon.
    BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
    I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?


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  • sk.aggarwal
    08-04 01:38 PM
    Can some one help me out what i have to do in my specific case.

    I applied for AINP on Feb-2009.That time my martial status is single.I got married on April-2009.I got my file number last week.If i want to include my spouse on my AINP process what i have to do?Did anyone faced this kind of situation?

    Please help me.

    I applied in April and we had a baby after that. I called on the number on the form and they said once I get the file number, I need to again fill out the forms which need dependent information and send them over with additional documentation. You may just want to call them and re verify. I found the CSR very helpful and polite.

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  • hdos
    06-10 08:01 PM
    I do worry about the stay here rightnow, I do not worry about when green card comes.
    I do have family and have to take of many things since we are since 7 year in this country.
    It would not be enough time to wind up everything in such a short period of time.

    If you are talking about having vacation for 1 year in india and come back after 1 year, there are again 100000 people like me who wants to come back. So it is not simple to come back after you go out of this country, and even though they are going after foreign labor doing american jobs.
    Even it will be the good to start GC process from the beginning from different company after H1 transfer and having continues stay rather than going back and finding another US employer. I do not know at this moment, how will that happend.
    Anyways, once I go back than I would not like to come back and waste 10 years of my life to become citizen of different country. It is a total waste of time and money. anyways that is a diff story, we are not discussing that here rightnow.

    I sent him an email and I will be filing WH4 with DOL if he does not reply.
    Rightnow the issue is to find out the reason for I140 Denial, hopefully employer will reply.


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  • bbenhill
    03-11 12:32 PM
    Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

    her pregnancy is sometime around 6 months now and they will need insurance..

    Thx for your help :)

    * Coming as H4 --> So, assuming to join a H1 or equivalent.
    * Spouse must be covered by his employer.
    * As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
    * Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.


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  • perujames
    01-12 10:32 PM
    I browsed the site you mentioned. I applied and also tried to contact the numbers few times but not getting any response.

    I am currently in US on H4. I am qualified teacher and also worked in India. Regarding my qualifications I completed B.Ed and MSc from India. I am looking for applying for H1 this year. I really appreciate if you can give some details regarding any companies that can file for H1B for teachers.


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  • telekinesis
    10-22 09:45 PM
    Oh how I miss my Playstation :*(

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  • prince_charming
    02-14 01:25 PM
    Hey guys,

    My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.

    The decision was that both mine and my wife's I-485's are reopened.

    But its been almost 3 months and online status on USCIS website has not changed yet......

    Does anyone noticed the same situtation with their MTR approval and no online status change?

    - Prince


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  • ajju
    02-28 01:33 PM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.

    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.


    I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...

    Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...

    Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...

    But you must check with lawyer...

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  • deepakmathew
    10-01 10:32 PM
    I had a similar experience a long time ago with Madras consulate. At that time, the Officer returned all my documents back without an explanation and hardly asked me a questions. After 2 weeks or so - they send me a letter asking for copies of the all certificates to be submitted along with a letter saying that the case was being reffered to a AFU - Anti Fraud Unit. I send all my education certificates.

    It then took them around 3.5 months to clear the application. They asked me to send the passport back with the application copy and I received it with a week with my H1 B stamp. Applied first in June first week and received the Visa around Sept.

    This is obviously a traumatic experience for you. But you will be alright once they verify.

    In my case, the educations documents were correct and true and it was verified - I do not know how they did it. It is a slow process and you ask for help from a local senator or your company to send a request letter to expedite the case and constantly follow-up with your lawyer who filed the H1 petition.

    Also I had a valid B1 visa but I decided it was better to wait for the process to complete before I returned.

    Hope this helps. You just need to patient. Best of luck

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  • gc_on_demand
    10-22 01:04 PM
    I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.

    Reasons ::

    (1) Most of Desi companies filed under Eb2. Those are EB3 are mostly from american companies. And even if they qualified for Eb2 , companies filed for Eb3. So its any one 's guess that these companies will file new Eb2.

    (2) Process takes 12- 18 months even if companies are ready

    (3) Eb2 has tough criteria and lots of scrutiny.

    (4) Desi companies are scared to file for new Eb2 when their H1bs are under review too.

    04-07 03:08 PM
    ok one question i have here is lets say if you have crossed your 6 years H1B limit and now the current employer does not give u copies of I140 and labor, in this case the new company wont be able to file for your H1 renewal coz the renewal is based on labor and I-140.. in this case there is no choice and u r forced to use your EAD... is that right??

    06-27 10:29 AM
    It is difficult to get H1b without client letter. Also many consulting companies stopped H1b because of RFE and denials. It is a good idea to try job to 2 to 4 more weeks.

    Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.

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