msyedy
02-05 01:38 PM
I have a old EB3 PD Sept 2003 with Company A , and a new EB2 and I140 approved from Company B.
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Sakthisagar
06-22 12:42 PM
To my knowledge, You are ok, nothing to worry.
Present both I-797 present one and the extension durng Visa interview you will get stampled as long as the extension is valid.
Present both I-797 present one and the extension durng Visa interview you will get stampled as long as the extension is valid.
redgreen
01-07 01:37 PM
USCIS has clearly mentioned that UI benefits are not considered a public charge.
There are several threads in IV also on this topic.
eb3retro clearly mentioned that he/she is not interested in the 'debate of whether UB can be claimed while in AOS state', but still many without even checking anything anywhere just going on doubting, worrying, suggesting nonsense, etc.
[even though eb3retro knows that getting ui benefits is not a problem for gc application, it is surprising that s/he doesn't know where to find better information on ui benefits! atleast IV is not the best place to look for it! when people lose their job, are they not supposed to get these information by mail from the employer? atleast that is the law in most states.]
Anyway many people ask even things like what is the fee for this/that application, etc? And people even argue on that when anybody can get these information very clearly from USCIS website. It looks like many people don't even read basic instructions.
There are several threads in IV also on this topic.
eb3retro clearly mentioned that he/she is not interested in the 'debate of whether UB can be claimed while in AOS state', but still many without even checking anything anywhere just going on doubting, worrying, suggesting nonsense, etc.
[even though eb3retro knows that getting ui benefits is not a problem for gc application, it is surprising that s/he doesn't know where to find better information on ui benefits! atleast IV is not the best place to look for it! when people lose their job, are they not supposed to get these information by mail from the employer? atleast that is the law in most states.]
Anyway many people ask even things like what is the fee for this/that application, etc? And people even argue on that when anybody can get these information very clearly from USCIS website. It looks like many people don't even read basic instructions.
ImmiLosers
03-11 07:56 PM
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
more...
hiralal
12-28 05:42 PM
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Just GO ....and stay for a longer time (atleast a month !!!)...r u a doctor or a nurse ..either way you are in a profession which will always be in demand
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Just GO ....and stay for a longer time (atleast a month !!!)...r u a doctor or a nurse ..either way you are in a profession which will always be in demand
solaris27
01-29 09:19 AM
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ? No chance - i did for me and got GC .
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE? consulate BC is NOT enough .
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
NO
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ? no
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE? consulate BC is NOT enough .
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
NO
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ? no
more...
ameryki
01-08 10:14 PM
People who filed I-485 after the July fiasco (starting with the August 2007 bulletin) paid a higher initial fee ($1010) - but they don't have to pay any EAD & AP fee - either the first time or for any renewals.
Look at the "Special instructions" sections of the following URL:
http://www.uscis.gov/i-485
so those that didn't pay the new fees when they filed 485 but paid the new fees for renewal of EAD and AP what happens to them? do they also get free renewals?
Look at the "Special instructions" sections of the following URL:
http://www.uscis.gov/i-485
so those that didn't pay the new fees when they filed 485 but paid the new fees for renewal of EAD and AP what happens to them? do they also get free renewals?
sanju
02-06 10:28 AM
We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
more...
obviously
02-06 11:24 AM
Pay rises are OK as long as they within range for the job classification in which you work. Only trigger point is when someone takes a drastic pay cut: usually an indicator of fraud / sham-companies.
jskumar
09-05 10:33 AM
I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.
Is it a problem ? Do i have to submit anything more
Please advise
Thanks in advance
It needs to with in 1 year. Can we get a non-availability certificate stating there no BC registered with in 1 year of birth date?.
Is it a problem ? Do i have to submit anything more
Please advise
Thanks in advance
It needs to with in 1 year. Can we get a non-availability certificate stating there no BC registered with in 1 year of birth date?.
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beautifulMind
05-03 07:10 AM
beautifulMind - does your new I-140 have old priority date from EB3?
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
Don't tell the world that you r a linebreaker
My line was broken twice before by fate. I have been here for 11 years now have a masters and worked for the same company from 8 years. lawyer screwed up filing in eb3 first when it should have always been eb2 so we refiled again....and once before I lost priority date for another reason. Anyways i am happy to be in EB2 with a priority date for Jan 2007
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
Don't tell the world that you r a linebreaker
My line was broken twice before by fate. I have been here for 11 years now have a masters and worked for the same company from 8 years. lawyer screwed up filing in eb3 first when it should have always been eb2 so we refiled again....and once before I lost priority date for another reason. Anyways i am happy to be in EB2 with a priority date for Jan 2007
SGP
09-28 03:32 PM
Thanks once again for the reply.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
Omi, Mr. Raj would be having a free conference call in which you can ask questions. The call as of now is set for Oct 7, 2010 at 6.45PM EST. Follow the thread "Next Free Attorney Call" on IV for details
Thanks.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
Omi, Mr. Raj would be having a free conference call in which you can ask questions. The call as of now is set for Oct 7, 2010 at 6.45PM EST. Follow the thread "Next Free Attorney Call" on IV for details
Thanks.
more...
BharatPremi
12-05 05:09 PM
BharatPremi,
No offense, but why have you opened 2 threads with very similar information and questions?.
Both threads can not be said "Similar". First one is related with Soft LUD and this one relates to strange 485 approval. So I do not know how did you derive similarity between them. Now general perception is that "SOFT LUD" means nothing. Mostly that perception seems to be correct but it is not always so. In my case, somebody at USCIS reentered the address and hence I got the soft LUD. When I called to USCIS I found about that and USCIS lady herself insisted then to verify my present address "because somebody made an entry today and that without change of address request". Another example I can give you is around 2 years back, I do not remember exact time period but general observation was after 10 days of having soft LUD on 485, people (Ofcourse some cases but considerable number so on many threads people discussed that at length...)used to see "Current" for visa bulletins and get card production ordered emails...
No offense, but why have you opened 2 threads with very similar information and questions?.
Both threads can not be said "Similar". First one is related with Soft LUD and this one relates to strange 485 approval. So I do not know how did you derive similarity between them. Now general perception is that "SOFT LUD" means nothing. Mostly that perception seems to be correct but it is not always so. In my case, somebody at USCIS reentered the address and hence I got the soft LUD. When I called to USCIS I found about that and USCIS lady herself insisted then to verify my present address "because somebody made an entry today and that without change of address request". Another example I can give you is around 2 years back, I do not remember exact time period but general observation was after 10 days of having soft LUD on 485, people (Ofcourse some cases but considerable number so on many threads people discussed that at length...)used to see "Current" for visa bulletins and get card production ordered emails...
ajm
05-25 08:16 AM
Opening a new thread to discuss the Gregg amendment which passed the Senate yesterday.
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pointlesswait
05-01 09:28 AM
if u change ur job using H1 transfer..so does it mean ...he has to restart his GC all over again?? ok i am little confused here..
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
ultimate_champ
11-29 03:24 PM
Agreed to the points above.
However my new offer is also with the same employer, just different team and location. The HR, Immigration Dept, lawyers etc are all the same.
Im not changing my company - but just the team & location.
However my new offer is also with the same employer, just different team and location. The HR, Immigration Dept, lawyers etc are all the same.
Im not changing my company - but just the team & location.
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sgc2007
07-08 06:23 PM
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
anilvt
08-10 05:15 PM
count me too
usirit
07-19 09:22 AM
I live in Noblesville. Please let me know of meetings related to IV in Indianapolis or surroundings.
s416504
08-31 04:52 PM
Attorney..... please REPLY ....
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
thomachan72
03-28 03:11 PM
A small amendment for this bill could make everyone including high skilled and low skilled happy.
Have arrived here at the age of 75 or under;
Delete the section Serve in the military or attend college for at least two years
Humor sense sometimes becomes sore if used in the wrond place my friend. If you feel the opinion was irrational pls state your arguement against it rather than posting a mocking comment.
Have arrived here at the age of 75 or under;
Delete the section Serve in the military or attend college for at least two years
Humor sense sometimes becomes sore if used in the wrond place my friend. If you feel the opinion was irrational pls state your arguement against it rather than posting a mocking comment.
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