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  • bablata2007
    11-27 04:29 PM
    Is this a feasible option? Incase I lose the job, can I change to H4 status based on my wife's H1B? Then wait out the 180 days period and get back to another job?




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  • gcformeornot
    02-11 08:12 PM
    gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?

    It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.

    is you need to be expert in Companie's processes, practices, products and inhouse software......




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  • aamchimumbai
    08-04 08:44 PM
    similar sit and my 485 was accepted with older pd!
    what you say maybe true, but pls don't say it so confidently unless your are an attorney!

    Hello a1b2c3,

    When you say similar situation....

    .....Was your newly filed I-140 approved OR pending before you applied for I-485? Also, which center did you apply your I-485?

    Thanks




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  • gcventure
    04-07 04:32 PM
    ggc,

    What was the outcome of your interview. Did you get 485 approval. I am in a similar situation. Appreciate your reply.



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  • mahujam
    07-29 01:13 PM
    Hmmm questions sent.

    This should have been publicized in the local chapters also.




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  • caond
    05-07 11:29 AM
    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?



    After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.

    Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.

    As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?

    Thanks a ton again. I truly appreciate your help.
    Cao



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  • waitingnwaiting
    05-20 09:32 AM
    How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

    FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

    IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).

    I do not see any reason why IV should file a lawsuit for you. It will be a waste. On top of that, you have not even contributed $25 ever and now want IV to help you with its resources because you are stuck. I would rather IV work on big problem like recapture than individual problems. You should use a lawyer and pay him to solve individual problem.




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  • ArkBird
    07-29 05:23 PM
    Are you looking for specific language? How was similar defined from your attorney?

    Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:

    SYSTEMS ANALYST

    JOB DESCRIPTION:

    Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.

    JOB REQUIREMENTS:

    1. Bachelor's degree in Computer Science.
    2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.


    The new job is: Director of Software Development

    � Execute the company�s technology architecture and strategy.
    � Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
    � Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
    � Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
    � Support the division�s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
    � Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
    � Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
    � Travel approximately 25% of the time to both in-country and international destinations.
    � Perform other duties as assigned by the VP of Software Development



    Here is my job description and I just used AC-21 and now I am working as Sr. Director - SW Development


    Design, develops, modifies, debugs and evaluates programs for use in internal and external systems within functional areas, including but not limited to finance, human resources, manufacturing and marketing. Develop and maintain positive business relationship with internal clients. Analyzes existing programs or formulates logic for new systems, devises logic procedures, prepares flowcharting, performs coding and tests/debugs programs. Perform complex technical system application. Develops conversion and system implementation plans. Prepares and obtains approval of system and programming documentation. Recommends changes in development, maintenance and system standards. Coordinate, Supervise and Lead personnel on integrated projects. Continuously strives to identify and improve business strategies and solutions. Train users in conversion and implementation of system



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  • dealsnet
    04-14 09:25 AM
    It is very clear. Child can charge to either parents chargeability. Parents cannot charge to child's country of birth.
    Lawyers are not always correct. Check the law by ourselves. Only government can change the law. Not by any lawyers.

    it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.




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  • Kodi
    07-05 09:05 AM
    If its ROW then PD are current.



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  • sss2000
    08-10 04:54 PM
    How could you apply for I-485 with your PD, in June. If I am right, your PD was not current in June. Right????




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  • newbie2020
    05-30 07:43 AM
    I replied on another Duplicate thread by the author;

    Admins can someone remove the duplicate thread



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  • krishna_brc
    03-25 08:12 PM
    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    Thanks.

    You should be fine as long as your W2's are higher than what is specified in H1 LCA.

    You GC Labor Wages are for furure job.

    Thanks,
    Krishna




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  • bob2007
    07-18 12:11 AM
    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?



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  • nave_kum
    07-19 09:26 PM
    [QUOTE=srsrsr]Hello everyone!

    I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

    Thanks,
    Raj[/QUOTE

    If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.




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  • skynet2500
    06-19 05:54 PM
    same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.

    Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????

    They can give a report saying that second one is scheudled on a particualr date. that's what they do for people taking MMR from them. They don't give 2 MMR shots at one time.



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  • roseball
    08-01 10:45 PM
    The online system shows the date the case was entered into the system and it doesnt reflect the actual physical receipt date.....Receipt date box on the I-797 receipt notice will be the actual receipt date....For majority of cases, the online case status date is the actual notice date and/or the date the case was entered into the system....




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  • abhisam
    07-10 12:52 PM
    I am in the same boat..
    If we have a gap between the expiry and new EAD card,
    we should not work thats for sure,
    but wont have any issues of going out of status during the gap?

    Are you the primary applicant? My husband is the primary applicant in our case, so i believe we will not have an issue of going out of status.




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  • InTheMoment
    08-05 11:31 AM
    Why partial, If I were you I would have asked for a full refund !

    $1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;




    dxldad
    05-19 07:42 AM
    MurthyDotCom : I-485 Approval Possibility Issues: International Travel (http://murthy.com/news/n_intrvl.html)




    marlo
    07-18 12:03 AM
    interesting to note the arrests did not matter.



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