mariner5555
05-15 11:32 PM
wow ..so I guess there is hope :)
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rajenk
04-27 01:24 PM
Sorry to hear that. That was really sad. Any ways past is past. Do the following.
1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)
2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.
your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.
Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.
On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.
PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.
Good luck. Don't lose your heart, you should be back on track in no time.
Cheers
Raj
1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)
2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.
your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.
Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.
On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.
PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.
Good luck. Don't lose your heart, you should be back on track in no time.
Cheers
Raj
jonty_11
11-02 10:54 AM
BTW - I140 has to be filed by a sponsor Company and as far as I485 is concerned, you can do it on ur own, but it has to be based off of LC and I140 approvals which are with your Company..so its very difficult to file 485 on ur own..
Sounds like somegchuh wants to know this to be ready with documentation when his Company is ready to file for 140/485 ( some day)
Sounds like somegchuh wants to know this to be ready with documentation when his Company is ready to file for 140/485 ( some day)
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ArkBird
11-01 03:41 AM
They HAVE TO pay the salary mentioned in your LCA. If not, you can drag them to DOL but you will risk your job and H1B status. I suggest, find another employer, transfer your H! and then kick their a$$. We have suffered enough at the hand of blood sucking desi "consultants".
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maddipati1
01-08 02:23 PM
i dont think u ever need to change the lastname.
may i know when do u think the lastname need to be changed?
may i know when do u think the lastname need to be changed?
qualified_trash
08-30 12:05 PM
When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
You are right. The issue is which is more important, the academic studies or the working experience.
And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.
If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.
cheers,
QT
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
You are right. The issue is which is more important, the academic studies or the working experience.
And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.
If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.
cheers,
QT
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pappu
07-14 04:55 PM
Thanks for the update paskal.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
Thanks Paskal for letting everyone know the update. IV was a co-signatory with other medical advocacy groups to the letter for pushing Physician's provisions. Please contact Paskal if you wish to join the effort.
There are lot of doctors who are unaware about this and what they can do together to end their long wait. I have met some of them myself and talked about IV and its efforts for doctors. They joined IV effort but the doctor community by and large is still unaware of this effort and scattered.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
Thanks Paskal for letting everyone know the update. IV was a co-signatory with other medical advocacy groups to the letter for pushing Physician's provisions. Please contact Paskal if you wish to join the effort.
There are lot of doctors who are unaware about this and what they can do together to end their long wait. I have met some of them myself and talked about IV and its efforts for doctors. They joined IV effort but the doctor community by and large is still unaware of this effort and scattered.
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royus77
06-16 06:26 PM
you can maintain dual status .
Have couple of questions .
1) What is the status of dependents in the above case ?WIll they still be on H4 or Adjustment of status( After applying 485/EAD and before getting the approval of EAD)
Have couple of questions .
1) What is the status of dependents in the above case ?WIll they still be on H4 or Adjustment of status( After applying 485/EAD and before getting the approval of EAD)
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cdeneo
09-21 06:24 PM
The text provided on the link below has the following section:
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
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WhatheHeck
07-12 01:13 PM
Is anyone there to answer my question? Please answer me.
Thanks
Whatheheck
Thanks
Whatheheck
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anil_gc
11-26 04:56 PM
Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!
Gurus please give your thoughts.
Anil
Gurus please give your thoughts.
Anil
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dreamworld
05-05 12:24 PM
Hi
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
more...
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bbenhill
10-12 06:26 PM
Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).
Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).
I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?
Please advice ... I am really confuse with this immigration things ..
Regards,
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).
I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?
Please advice ... I am really confuse with this immigration things ..
Regards,
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
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zdash
10-26 03:11 PM
DREAM act just got shot in the heart but it's still alive. On September 22, 2010, Richard Durbin introduced the bill once again along with Richard Lugar.
I don't know what you mean by starting the GC process, you mean file I485?
I don't know what you mean by starting the GC process, you mean file I485?
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jsb
11-05 02:20 PM
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
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northstar1
07-26 12:30 PM
I don't think that's an option. The company has strict rules of using it's corporate attorney's through out the green card process. Hence the dilemna.
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immi_enthu
08-10 06:25 PM
In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.
andy
THanks for the info andy. I will check with my company HR rather than talking to my busy lawyer.
andy
THanks for the info andy. I will check with my company HR rather than talking to my busy lawyer.
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bpratap
02-02 03:34 PM
I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?
I-140 Reciept : No A Number
I-140 Approvel Number 1
I-485 Reciept : Number 2
EAD/FP/AP : Number 2
I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140
Is this anything I need to be concerned about ? Appreciate your suggestions
I-140 Reciept : No A Number
I-140 Approvel Number 1
I-485 Reciept : Number 2
EAD/FP/AP : Number 2
I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140
Is this anything I need to be concerned about ? Appreciate your suggestions
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Canadianindian
07-14 09:24 AM
It will update on a daily basis..So please keep posting your signatures
Signed and emailed to 10 friends
Signed and emailed to 10 friends
mrcmic
07-25 01:27 PM
Just called them a moment to put a service request.
But the IO side it may take several weeks or a couple of month to have any feedback.
I am worrying I have to resubmit another copy.
But the IO side it may take several weeks or a couple of month to have any feedback.
I am worrying I have to resubmit another copy.
iv_only_hope
08-15 09:30 AM
Just had a general question. The 797 thats approved for any person, is that for a specific consulate? If we want to go for stamping to another consulate what do we do? Is that a lengthy procedure. Thanks friends.
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