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Search: Posts Made By: sbmallik
Forum: Priority dates transfers and Post 140-approval options 06-01-2011, 12:01 PM
Replies: 4
Views: 3,771
Posted By sbmallik
File PERM Labor Certification ASAP and on it's...

File PERM Labor Certification ASAP and on it's approval file I-140 Premium; in this process you can keep the PD. Depending on your coutnry of birth, you may file I-485 thereafter.
Forum: Out of status, employment gap and status revalidation 02-04-2011, 02:33 PM
Replies: 7
Views: 5,986
Posted By sbmallik
Since you have US education, you won't face a...

Since you have US education, you won't face a rejection risk by getting the visa stamped in Canada. I know at least 3 similar cases where the visas were approved from Toronto consulate. Please check...
Forum: Priority dates transfers and Post 140-approval options 12-27-2010, 04:18 PM
Replies: 6
Views: 4,311
Posted By sbmallik
To the original poster: Since the MTR was...

To the original poster:

Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.

BTW - even the H-1B...
Forum: All other Green Card Issues 12-27-2010, 04:10 PM
Replies: 4
Views: 2,555
Posted By sbmallik
I will fell more comfortable if the experience...

I will fell more comfortable if the experience letter mentions the last day as 5/17/2009. Otherwise I will simply mention it as April 2009. This way the continuous employment criteria will be met.
Forum: Priority dates transfers and Post 140-approval options 11-30-2010, 03:40 PM
Replies: 6
Views: 6,410
Posted By sbmallik
If you have the visa approved I would ask you to...

If you have the visa approved I would ask you to travel before filing the I-140. Otherwise your admission could be denied at the port of entry. Yes you can file the I-140 in premium while you are in...
Forum: Priority dates transfers and Post 140-approval options 11-29-2010, 03:12 PM
Replies: 6
Views: 6,410
Posted By sbmallik
Ok let me try to understand your situation, you...

Ok let me try to understand your situation, you entered US and started working (??) for an employer and after sometime some employer (same employer ??) filed for Labor Certification (started the...
Forum: Priority dates transfers and Post 140-approval options 11-29-2010, 11:20 AM
Replies: 1
Views: 1,370
Posted By sbmallik
I-140 is employer's petition, so your tax returns...

I-140 is employer's petition, so your tax returns are unnecessary. For information sake please check this link...
Forum: Priority dates transfers and Post 140-approval options 11-29-2010, 11:14 AM
Replies: 6
Views: 6,410
Posted By sbmallik
Getting an I-140 petition filed on your behalf...

Getting an I-140 petition filed on your behalf demonstrates your immigration intent which contradicts visitor / tourist visa requirement. I would ask my employer to hold off I-140 filing till I visit...
Forum: All other Green Card Issues 11-12-2010, 10:11 AM
Replies: 3
Views: 1,337
Posted By sbmallik
Post I-140 belongs to the employer only, so it is...

I-140 belongs to the employer only, so it is up-to them to disclose the details. Unless you change employer without using AC21 clause, I-140 details won't be necessary.
Forum: All other Green Card Issues 10-20-2010, 11:07 AM
Replies: 5
Views: 2,380
Posted By sbmallik
i would talk to the Indian consulate about...

i would talk to the Indian consulate about endorsing the place of birth in the passport or get a new passport with the updated place of birth. here, the original birth certificate will definitely...
Forum: Priority dates transfers and Post 140-approval options 10-19-2010, 11:13 AM
Replies: 11
Views: 2,874
Posted By sbmallik
Answers below: 1. Once the I-140 was approved...

Answers below:
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the...
Forum: Priority dates transfers and Post 140-approval options 09-13-2010, 03:44 PM
Replies: 12
Views: 3,578
Posted By sbmallik
The Priority Date portability fails only if the...

The Priority Date portability fails only if the approved I-140 was determined to be fraudulent. Otherwise, even if it is revoked, you are good.

Yes, the new employer has to re-start your GC...
Forum: PERM Processing 09-13-2010, 03:33 PM
Replies: 154
Views: 63,373
Posted By sbmallik
Good news!! Next step is to file I-140 (is your...

Good news!! Next step is to file I-140 (is your employer filing in premium processing?) and upon approval, interfile with the existing I-485 application to port the priority date.
Forum: Immigrant Visa 09-10-2010, 11:00 AM
Replies: 8
Views: 5,390
Posted By sbmallik
Was your I-140 petition filed when you changed...

Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your...
Forum: Retrogression, priority dates and Visa bulletins 09-09-2010, 01:50 PM
Replies: 37
Views: 8,814
Posted By sbmallik
That's plausible, as the cumulative demand is...

That's plausible, as the cumulative demand is based on the number of pending I-485 applications.
Forum: Travel out of country and re-entry during/after 485 filing 09-07-2010, 10:08 AM
Replies: 2
Views: 1,653
Posted By sbmallik
Please note that an I-485 approval invalidates...

Please note that an I-485 approval invalidates the H-1B visa.

I would travel to the US before Advanced Parole expiry to obtain the GC and return. I am not sure of any exceptions - please post the...
Forum: Immigrant Visa 09-01-2010, 10:32 AM
Replies: 11
Views: 2,314
Posted By sbmallik
If you live ourside of US and work for an non-US...

If you live ourside of US and work for an non-US Company then you are not in H-1B; you will be in Spanish resident visa status. However, on your return to the previous company in the US, you can...
Forum: Analysis Discussion 08-10-2010, 02:23 PM
Replies: 12
Views: 2,510
Posted By sbmallik
If I were you I would choose option #2, however,...

If I were you I would choose option #2, however, please make sure that your employer is ready to file a new EB2 application for the current job.
Forum: Retrogression, priority dates and Visa bulletins 05-14-2010, 10:41 AM
Replies: 17
Views: 3,639
Posted By sbmallik
Gaithersburg, Rockville, Deerwood or Aspen Hill

Gaithersburg, Rockville, Deerwood or Aspen Hill
Forum: All other Green Card Issues 04-05-2010, 12:42 PM
Replies: 3
Views: 2,905
Posted By sbmallik
I don't know of any way to detect I-140...

I don't know of any way to detect I-140 revocation. Contacting the employer's legal department is the only solution ...
Forum: News articles and reports 03-26-2010, 02:02 PM
Replies: 18
Views: 7,194
Posted By sbmallik
The term Asian Indian is more appropriate than...

The term Asian Indian is more appropriate than earlier 'Asian or Pacific islander' where Iranians or Chinese or Fijian Aborigines would be classified equally.
Forum: Retrogression, priority dates and Visa bulletins 09-03-2009, 03:27 PM
Replies: 19
Views: 6,896
Posted By sbmallik
Correct! TSC is bend on approving cases with...

Correct! TSC is bend on approving cases with later PDs ... no other logic holds ...
Forum: Non-Immigrant Visa 07-30-2009, 04:01 PM
Replies: 4
Views: 3,622
Posted By sbmallik
If company B have a long term project then they...

If company B have a long term project then they can appeal the decision ...
Forum: Travel out of country and re-entry during/after 485 filing 07-23-2009, 02:55 PM
Replies: 6
Views: 1,729
Posted By sbmallik
In the stated situation, I would opt for changing...

In the stated situation, I would opt for changing the I-485 case to consular processing.
Forum: Out of status, employment gap and status revalidation 07-21-2009, 11:50 AM
Replies: 14
Views: 3,985
Posted By sbmallik
File a change of status from L-1 to H-1B. Also,...

File a change of status from L-1 to H-1B. Also, use the canceled H-1B documents so that you are included in 2008 cap. This allows you to start working as soon as the petition gets approved.

My 2...
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