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  • royus77
    07-05 08:40 PM
    I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.


    Getting I 140 approval through FOIA was talked a lot in the other thread . I didnt hear any body claiming they got through .

    one of my friend played a trick with the employer .he went to canada for stamping using his new H1B approval (H1B was approved for 3 years based on the I 140 stamp ) and call employer to send a fax from the embassy . he will do .




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  • franklin
    07-20 02:30 PM
    AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.

    Sure, but I have been told that you need both EAD and AP to be able to travel, not AP alone. Having H1B and AP is no point.

    But, I've just re-read your answer - I understand about the H1B invalidated stuff now :) My point was more that AP and EAD seem to go hand in hand, I don't really understand why you wouldn't get both at the same time, especially if H1B has nearly expired.




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  • senthil1
    06-11 05:35 PM
    There may be two observations in this.

    1. They may try to bring CIR one more time and pass in Senate or

    2.They will make alive CIR talks till this year end. This will make sure that other piece meal bills like Skil, Agricultural jobs bill will not be brought for debate till CIR is alive

    Second case is the best bet for numbersusa, alipac etc.




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  • amsgc
    01-23 06:48 PM
    I can't think of any issue - as long as you have all the papers, seems fairly straight forward and routine to me.

    Sorry for little confusion.
    What I mean was,
    - I filed I-485 for me and my wife
    - then after 180 days I switched to a new company with H1B transfer.
    - So, I am still in H1B status.
    - But my wife (secondary applicant) is using EAD based on I-485 and working.

    Which means we used AC21 for portability of our I-140 and I-485 cases.
    Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
    So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?



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  • diptam
    09-26 04:50 PM
    Even if your employer revokes I-140 the PD is locked - Make sure you have a Copy of 140 approval Receipt Notice and a copy of the Labor PD. When you file new GC or 485 application just ask your company's lawyer to slip in the old 140 instead of new 140.

    This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.

    If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.




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  • FUNTIMES
    08-20 12:24 PM
    Also one strange thing observed was that I have a receipt # SRC07264**** and my wife's case has a receipt # SRC07266****. Also we received the receipt notices 2 days apart.

    IndiaNJ , GCWhru... Do see any thing like this on your receipt dates.



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  • jnraajan
    01-08 04:57 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?

    I used my new passport number and never had any issues. In fact, I also had filed for an H1b extension with the new passport. so, Dont worry




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  • newuser
    05-12 10:12 PM
    I am in for it. I am ready to put 2K if members are going to come forward



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  • makemygc
    01-07 06:59 PM
    I had the same scenario and got my EAD renewed using the new passport number without any issues. What USCIS is mainly concerned about is your A# that you fill up in your EAD form.

    Thx
    MakeMyGC

    I would like to know the answer to this question too. does anybody know?

    also pkv..how many days did it take you to get the new passport?




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  • kaisersose
    06-02 01:42 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?

    If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.

    Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.



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  • it is ok
    01-08 11:20 AM
    Hi:

    While sending passport for Renewal, do I have to attach I-94, too alongwith Old Passport, or should I remove it..I am sending it by Certified Copy..

    Thanks,




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  • ram_ram
    06-08 02:16 PM
    Not possible. You can carry your PD once the 140(based on the labor that has the PD) is approved. Not the other way..



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  • mhathi
    04-15 04:35 PM
    Heartiest Congratulations!




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  • arnet
    11-24 06:20 PM
    thatz gr8, always dont lose hope, keep trying....good luck...

    Thanks arnet ,
    As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .



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  • qualified_trash
    08-27 09:48 PM
    IV does not represent people like you. Now get the hell out of here.

    You may not agree with what everyone says on these forums. It is not your business to ask them to get out.




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  • swo
    07-16 02:28 PM
    How can you say that ? Please explain
    Murali

    Dude. He was joking.



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  • baburob2
    11-02 02:42 PM
    As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.

    Plz. correct if I am wrong.

    My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.

    I concur that "GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.". Hence your move is fine.




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  • Imigrait
    09-07 01:31 PM
    I was in the same situation as you when I applied. In general, there should not be a problem with MS+0.

    Another alternative is to show the experience gained at your current employer in your application. For that to happen, you should've been promoted to a position in which ur exprience is 50% same as your old position, then you can get an affidavit from your manager stating this fact.
    This is what we had done for my traditional labor. I believe it still holds true for PERM, suggest you talk to the company's lawyer.

    Could you explain that a little further?
    When you say "experience is 50% same" does that exactly mean how you said it OR does that mean "experience is at least 50% same" OR "experience is at the most 50% same"?

    Thanks.




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  • habil52
    09-25 07:50 PM
    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.


    Get a job in either an educational, research or a non profit organization and reapply for H1B under quote exempt category. do it soon as that too takes time... preferably through premium processing after securing a job. good luck.




    puskeygadha
    12-03 10:22 AM
    thanks so much guys
    my labor is in bpc
    I still have 18 months in H1B. but after I get my I140 I will switch
    if I feel that I cant file 485 for a while




    newbie2020
    08-17 04:13 AM
    PA DMV requires atleast one document which has a later expiry to issue license, Take a letter from her employer stating she will be working in PA until a later date (Say 12/31/2011 eg). Show it to them and they will issue license.



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