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  • bombay_masala
    06-18 01:09 PM
    What is the Alien Registration number from I140 approval ? How do we get it if we don't have the copy of I-140 approval?

    Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).

    With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.

    (i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)

    485 receipt number
    Alien Registration number from I140 approval (if its already done)
    Employment letter from the new employer with title/function same/similar to labor application
    Job functions from approved labor/I140 to get the above

    (ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)

    A copy of I140 approval
    A copy of labor certification

    (iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)


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  • adi787
    08-30 09:18 PM
    hey guys..

    I heard uscis is introducing new procedure for LC. any one knows any details.

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  • rajuram
    01-26 07:22 PM
    FYI, I have been in the queue for 6.5 years now. I did write the letter.

    Did your write your letter?

    15 minutes of yout time could save you 6-12 years of waiting!

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  • l8A
    10-05 10:52 AM
    The I-94 is the form you filled out on the plane and had stamped at the port of entry. It should be attached to your passport on the visa page. It will be on the front of the I-94.

    Well, as I suspected, the I-94 was expired a month before the I-485 was filed for my wife. So, do you think that would be a problem?


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  • dilbert_cal
    04-25 12:04 AM
    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.

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  • ksircar
    01-25 12:53 PM
    Hello friends;
    Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
    Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.

    Thanks in advance for sharing any information

    I went thru the same experience for my daughter. Without GC you can not apply in 90% of MED schools in US. Among other states, some MED schools in Texas and Alabama do not need GC. Similarly some DO schools do not need GC. Without GC, you may explore Caribbean Med Schools. Some of them (especially St George, Ross and Saba) are at per with US MED schools, accepted by all US states and are eligible for Federal Loan.

    Good Luck to your daughter.


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  • alien2006
    08-07 01:47 PM
    and Shanti was very helpful with her/his informative links. I sent a question to IV to be included in the upcoming conference call with the lawyers. Perhaps you guys should also send in the questions to give this question some weightage.


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  • rajpatelemail
    02-12 12:37 PM
    If you are running out of time to save Candian PR under 3 years out of country stay rule, then only we have to think this canda stay.

    If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
    Who knows you may get Labor/I140 in this 1.5 years and may get everything well.

    DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.

    If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.

    Now please give me green, as i do not have many; ;)


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  • pagalForGC
    06-17 12:43 PM
    Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
    Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.


    My PD is nov 2003 and now I am planing to port my EB3 to EB2.
    I need to know the process to do it.
    My previous EB3 is with my old employer.
    My I-140 approved from my old Employer and applied I-485 in july 2007 and
    later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
    now I working 6th year on H1B.
    And Here are the questions, if I file new labor have:
    1). how long will it take to approve?
    and once labor approved, for I-140
    1). Am I eligible for premium process of I-140.

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  • nb_des
    09-27 02:31 PM
    According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in

    1. Can you please explain if priority dates can be transferred?
    2. What If I-140 Is Denied?

    A29 1. Sure. Here is the law:
    If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
    2. That situation is legally the same as changing employers before I-140 employer.

    If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.

    If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.

    We recommend that an applicant keep at least a copy of the I-140 approval notice.


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  • kirupa
    04-22 05:22 PM
    sparky - I really like your third one. I haven't seen a lot of green stamps. Anyhoo, add some text like the dolllar/cent value of the stamp and I'll add it up :)

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  • DSLStart
    06-03 02:44 PM
    Did you also mail them other supporting documents such as:
    copy of current I-94
    copy of I-485 receipt
    DL/PP first two pages etc?
    These are all mandatory supporting documents to be mailed.

    I just got the RFE for the I-131 and they just asked for two pictures.
    I applied online and the asked me not to send anything, so now they requested these pics.

    I already sent them, so hopefully I'll get my travel document soon!


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  • snathan
    08-04 01:09 PM
    He can use AP to renter. USCIS would not have approved to give EAD if USCIS determined he was out of status in the first place.

    NOT True.. they will give and come after you just to deny/revoke it.

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  • amitjoey
    06-26 04:19 PM
    Who is paying for IV? to continue work and lobby. Are You?


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  • Earned_GC
    04-15 10:19 PM
    What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?

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  • gcisadawg
    09-09 02:57 AM
    I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

    How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

    This is way too confusing...

    If you enter thru AP, you would become a parolee. You can use H1B to continue to work for the GC sponsoring employer. After your return, If you file an extension or your H1B is amended or transferred and if that petition is approved, you would re-gain your non-immigrant H1B status.


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  • rkumar28
    10-22 10:32 AM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.

    Hi Prashanthi/Attorneys/Experts,

    I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
    Your advice is helpful.

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  • jungalee43
    10-06 03:16 PM
    I am starting this thread after I experienced that CIS Ombudsman is actively helping EB as well as other immigrant community in getting their problems with USCIS resolved very quickly. We are fortunate to have such a platform to log our problems and get solution.
    I am sure many of us have received similar help from the office of CIS Ombudman. Please thank them.
    Thanks CIS Ombudsman for all your help.

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  • andy.jones110
    10-13 12:06 AM
    our situation is complicated.
    There is a 240 days rule to stop working, if H1B is pending for an approval.
    It is for working with the same employer. Transfer may be diffrent.
    But since it is a premium process, and your I-94 is expired, you need to be very careful.
    You are now out of staus, I fear.
    So rush to a good lawyer and contact USCIS


    My Situation is like this
    1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
    2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
    What are my chances of getting Approval for transfer?

    06-25 08:37 PM
    I used AP thrice and renewed my H1 twice after entering using AP without any issues.


    nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

    10-26 02:12 PM
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    Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!

    I you say you are out of town on appt date do they ask for a proof?

    A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!

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