waitingmygc
05-20 09:07 PM
Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.
As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?
Thanks.
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.
As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?
Thanks.
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zephyrr
03-21 12:35 PM
Yes, there is a certain amount of risk depending on the company you work for. If you work for a Fortune 10 which has a 100% track record wit 140s, your risk is mitigated.
I agree that one should probably do it for compelling reasons.
I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
I agree that one should probably do it for compelling reasons.
I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
ttdam
10-02 04:08 PM
Hi gchopeful
Sorry to hear about denial
Was your case @ NSC/TSC ? EB2 or EB3 ?
Mine is A2P RFE as well from TSC !
Thank you
Sorry to hear about denial
Was your case @ NSC/TSC ? EB2 or EB3 ?
Mine is A2P RFE as well from TSC !
Thank you
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gc_buddy
07-15 12:46 PM
Hi Friends,
My Wife recently switched from H4 to EAD and started working on the EAD. She is currently doing consulting with a small company. Will she require to file a change of status with USCIS indicating that she changed from H4 to EAD.
Appreciate any assistance !
My Wife recently switched from H4 to EAD and started working on the EAD. She is currently doing consulting with a small company. Will she require to file a change of status with USCIS indicating that she changed from H4 to EAD.
Appreciate any assistance !
more...
randomdude
12-07 12:11 PM
There is no gain in waiting longer.
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
ganguteli
03-06 02:53 PM
I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
more...
gveerab
01-18 03:47 AM
See you there on sunday.
This is an wonderful opportunity to help your self.
Please participate and show your support.
This is an wonderful opportunity to help your self.
Please participate and show your support.
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solaris27
08-06 12:39 PM
hopefully they will process my application soon.....
more...
royus77
06-25 10:12 AM
My Company is asking me to sign a new 2 year contract with them to get employment verification letter required for I-485. Is this legal?
if there is any breakage clause,Make sure that you understand the amount of damages. If the company is desi ,you can always negotiate at a later time
if there is any breakage clause,Make sure that you understand the amount of damages. If the company is desi ,you can always negotiate at a later time
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ppt.b
09-11 10:08 AM
Our checks were cashed on 09/04 and our lawyer has still not received our recipts.However we received FP yesterday by mail and our appointment date is 09/25.
We are waiting for our receipts and EAD.
So expect your FP notices anytime.
My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
We are waiting for our receipts and EAD.
So expect your FP notices anytime.
My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
more...
number30
03-28 12:29 AM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.
Can this create an issue while IO is working on my 485 application?
They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.
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485Mbe4001
11-14 06:48 PM
ask him to fax you the copy of the letter he got from BEC, something is not right here. Show it to another lawyer. Looks like he made a mistake when he filed for your labor.
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
more...
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Dakota Newfie
07-13 09:36 AM
Since the topic of giving preference to professional athletes has come up, I'd like to relay an the experience I had when I came to the U.S. for a job interview in August of '01; when going through U.S. customs at Logan Airport (this was pre 9/11), I was arbitrarily "singled out for interrogation" for TWO HOURS! During that time, a customs official made some small talk with me while we waited for the supervisor to arrive and he asked me if I was a hockey player (since I am Canadian) to which I replied "no"; he then informed me that was too bad because otherwise I would pass through without any problems or questions! Too bad they didn't "single out" Atta and the boys the same way two weeks later- or maybe they went through as hockey players!
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milind70
11-03 12:54 PM
From first hand experiences of fellow friends and collegues who tried to extend the visitors visa for their parents or their in laws ,99 percent of the time they have been denied reentry . I personally know a case where a friends mother in law successfully extended her stay for another 3 months after initial grant of 6 months. After that vist she was denied reentry for 3 times atleast that i know of. One thing here is to note that whether to grant entry or not is in the hands of the IO at POE. By extending your stay plants seeds of doubts about overstay. Also medical reasons and taking care of child are not considered strong reason for extension unless the medical condition is very serious
more...
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jonty_11
08-06 12:46 PM
did u happen to call USCIS Cust Service...which may have trigerred your approval?
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permfiling
06-01 08:26 PM
I am one of those where I have I140 approved but waitting for visa num# and I know another person in similar boat.
- contributed $500 to IV
member of north ca chapter
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
- contributed $500 to IV
member of north ca chapter
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
more...
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vinabath
07-31 11:05 AM
Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
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andymajumder
12-12 03:59 PM
It would be interesting to see though... if we have even a single person on this forum with EB2 priority date before Jan1 2000.
Basically, that means USCIS won't issuing any EB2 india and at the end of the fiscal year we will hear of visa numbers being wasted again.
Basically, that means USCIS won't issuing any EB2 india and at the end of the fiscal year we will hear of visa numbers being wasted again.
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immique
07-03 01:50 AM
H1B transfer pending & going out of US for 3 days.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
dealsnet
07-16 10:42 AM
You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).
Hi
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
Hi
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
ravindrajadeja
04-30 08:34 PM
Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.
Thanks Chalam.. So who sponsored for her education?..Did she mention in admission process that her fiance is going to sponsor her education and also did she mention that during the F1 visa application process?...OR she did everything on her own not related to her fiance?..
Thanks again
Thanks Chalam.. So who sponsored for her education?..Did she mention in admission process that her fiance is going to sponsor her education and also did she mention that during the F1 visa application process?...OR she did everything on her own not related to her fiance?..
Thanks again
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