stillhowlong
01-18 10:36 AM
You can file 485 with either of the I140 as long as the position is open and the companies provide a letter stating the permanant nature of the job.
For interfiling, one can request the priority date porting in any of these:
- when you file the 2nd I140. You can send a copy of the first one and request to use that date.
- when you file the 485, you can request to use the earlier priority date.
- After you file 485, you can send a request to use the earlier priority date.
In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.
When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.
Note: This is not a legal advice. Please consult a lawyer.
Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.
Thanks
SHL
For interfiling, one can request the priority date porting in any of these:
- when you file the 2nd I140. You can send a copy of the first one and request to use that date.
- when you file the 485, you can request to use the earlier priority date.
- After you file 485, you can send a request to use the earlier priority date.
In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.
When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.
Note: This is not a legal advice. Please consult a lawyer.
Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.
Thanks
SHL
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sai
03-26 06:22 PM
thanks for the info. Sounds interesting.
gk_2000
01-04 11:36 PM
Well you do have to give them some credit for restoring the balance with UK... Maybe this will be good time to bring up social security savings
On another matter -- birthright citizenship.. there could be a window of opportunity to include provision against country limits, as both use country of birth as the criteria.
On another matter -- birthright citizenship.. there could be a window of opportunity to include provision against country limits, as both use country of birth as the criteria.
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jayz
07-17 06:53 PM
While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?
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Dipika
11-14 10:41 AM
thanks for the response ....how long is the response time for such cases....
You may not need to complain to the DOL. just talk on phone with your previous employer (OR Receptionist whoever...) and say that pay me within a week otherwise i'm going to complaint in DOL. Once he get threat of DOL from you, he will call back to you and pay you immediately.
I had same experience and i used above way.
You may not need to complain to the DOL. just talk on phone with your previous employer (OR Receptionist whoever...) and say that pay me within a week otherwise i'm going to complaint in DOL. Once he get threat of DOL from you, he will call back to you and pay you immediately.
I had same experience and i used above way.
roseball
01-18 01:34 PM
If "if you re-enter US before your extension is valid" is not the case then following is my experience.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.
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Sakthisagar
11-17 09:16 AM
The President is once again giving Political KULFI to all Legal immigrants.
See below
In an Oval Office meeting today, the President and leaders of the Congressional Hispanic Caucus (CHC) � U.S. Senator Robert Menendez of New Jersey, U.S. Representative Nydia Velazquez of New York, and U.S. Representative Luis Gutierrez of Illinois � discussed the options on immigration reform immediately facing the Congress. He thanked them for their constant efforts on this issue. The President and the CHC leaders believe that, before adjourning, Congress should approve the DREAM Act. This legislation has traditionally enjoyed support from Democratic and Republican lawmakers and would give young people who were brought as minors to the United States by their parents the opportunity to earn their citizenship by pursuing a college degree or through military service.The President reiterated his support for fixing the broken immigration system and urged the CHC leaders to work to restore the bipartisan coalition backing comprehensive immigration reform. The President repeated his hope that, with the election season�s pressures past, Congressional Republicans would work with their Democratic colleagues not only to strengthen security at the nation�s borders, but also to restore responsibility and accountability to what everyone agrees is a broken immigration system. The President reiterated his strong support for bipartisan Congressional action on immigration reform at the earliest opportunity, noting that the American people expect both parties to work together to tackle the challenges confronting our nation.
Readout of the President's Meeting with Representatives of the Congressional Hispanic Caucus Today | The White House (http://www.whitehouse.gov/the-press-office/2010/11/16/readout-presidents-meeting-with-representatives-congressional-hispanic-c)
See below
In an Oval Office meeting today, the President and leaders of the Congressional Hispanic Caucus (CHC) � U.S. Senator Robert Menendez of New Jersey, U.S. Representative Nydia Velazquez of New York, and U.S. Representative Luis Gutierrez of Illinois � discussed the options on immigration reform immediately facing the Congress. He thanked them for their constant efforts on this issue. The President and the CHC leaders believe that, before adjourning, Congress should approve the DREAM Act. This legislation has traditionally enjoyed support from Democratic and Republican lawmakers and would give young people who were brought as minors to the United States by their parents the opportunity to earn their citizenship by pursuing a college degree or through military service.The President reiterated his support for fixing the broken immigration system and urged the CHC leaders to work to restore the bipartisan coalition backing comprehensive immigration reform. The President repeated his hope that, with the election season�s pressures past, Congressional Republicans would work with their Democratic colleagues not only to strengthen security at the nation�s borders, but also to restore responsibility and accountability to what everyone agrees is a broken immigration system. The President reiterated his strong support for bipartisan Congressional action on immigration reform at the earliest opportunity, noting that the American people expect both parties to work together to tackle the challenges confronting our nation.
Readout of the President's Meeting with Representatives of the Congressional Hispanic Caucus Today | The White House (http://www.whitehouse.gov/the-press-office/2010/11/16/readout-presidents-meeting-with-representatives-congressional-hispanic-c)
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ramaonline
07-10 07:37 PM
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
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DSLStart
03-11 11:50 AM
I have no issues with SBI, transferred last month.....always the best for me in terms of every thing......
tyr logging into your account and see if you get that message now.
tyr logging into your account and see if you get that message now.
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walking_dude
08-02 10:53 AM
Thanks Santb1975, Natrajs. Sanju, that's a dangerous proposition... I might kiss you back :).
Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.
Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.
Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.
Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.
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ImmiLosers
09-30 03:19 PM
I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?
No, I went for my 2nd FP last week. I asked USCIS (800#) the above question.
It is done once. Looks like FP and Name check are different processes.
No, I went for my 2nd FP last week. I asked USCIS (800#) the above question.
It is done once. Looks like FP and Name check are different processes.
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gc_check
06-29 01:33 PM
Good lawyer...mine is taking 6-7 business days after submission atleast. Though, I did not fill any forms, I filled a questionairre and she will use that to fill the forms, that might delay things a little.
All the forms require applicants signature, Folks download the forms, complete and sign it and send with all the documents ASAP if filing through an Attorney along with the questionnaire. We used to have the same process, complete the questionnaire and then complete the forms, mail it back for signature... but now as the Legal have to file numerous petitions, they asked us to go ahead and fill all the forms and send the docs requested. they will contact back only if issues, else will file and then will notify us. Also make sure you sign all the form and also attach a G28 form signed and attach for each form, I485/765 and 131. This will save lots of time.
All the forms require applicants signature, Folks download the forms, complete and sign it and send with all the documents ASAP if filing through an Attorney along with the questionnaire. We used to have the same process, complete the questionnaire and then complete the forms, mail it back for signature... but now as the Legal have to file numerous petitions, they asked us to go ahead and fill all the forms and send the docs requested. they will contact back only if issues, else will file and then will notify us. Also make sure you sign all the form and also attach a G28 form signed and attach for each form, I485/765 and 131. This will save lots of time.
more...
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a_yaja
06-18 05:24 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
You can apply for EAD at anytime. All you will need is a copy of your I-485 AOS receipt (which I think USCIS will send to you, but I am not sure).
After 6 months (180 days to be exact), your employer cannot revoke I-140 (and hence I-485) if you invoke AC21.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
You can apply for EAD at anytime. All you will need is a copy of your I-485 AOS receipt (which I think USCIS will send to you, but I am not sure).
After 6 months (180 days to be exact), your employer cannot revoke I-140 (and hence I-485) if you invoke AC21.
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thakgaya
03-29 08:30 PM
I also got the same mail and I sent the letter to my company attorney who responded.
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.
EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.
EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010
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kevinkris
07-10 06:27 PM
Any answers?
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waiting4gc02
11-16 08:28 AM
Normally,
1. The Consulting company and client has an agreement; that they can not hire a person for 6- 12 months. (agreement is different from company to company).
2. Some times you have signed and BOND with consulting company; that you will not join the client for 2 years after you resign from the comapany.
3. You are try to spoil the relation. I urge you to tell the consulting comapny before you leave and join the client.
They can not revoke 140 so there is no harm to your 485. be careful of counting 485 filing date.
god bless.
KP
I do not have any bond signed with the Consulting Company about NOT joining the client. Also I have been with the COnsulting company for 8 years and have good relations, so I am hoping they should be OK.
One more question I have is, am i obligated to join the Consulting company after I get my GC, if I were to leave them after 180 days of filing.
Thanks and good luck.
1. The Consulting company and client has an agreement; that they can not hire a person for 6- 12 months. (agreement is different from company to company).
2. Some times you have signed and BOND with consulting company; that you will not join the client for 2 years after you resign from the comapany.
3. You are try to spoil the relation. I urge you to tell the consulting comapny before you leave and join the client.
They can not revoke 140 so there is no harm to your 485. be careful of counting 485 filing date.
god bless.
KP
I do not have any bond signed with the Consulting Company about NOT joining the client. Also I have been with the COnsulting company for 8 years and have good relations, so I am hoping they should be OK.
One more question I have is, am i obligated to join the Consulting company after I get my GC, if I were to leave them after 180 days of filing.
Thanks and good luck.
more...
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hopeforgc
06-21 04:58 PM
I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
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gc28262
09-03 10:49 PM
In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.
Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.
Are we in real United States of America? So much of hate around.
This is Obama and Grassley in action :rolleyes:
Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.
Are we in real United States of America? So much of hate around.
This is Obama and Grassley in action :rolleyes:
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vin13
04-26 02:22 PM
Why did we all come to USA?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Where do you want to go with this discussion?:confused:
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Where do you want to go with this discussion?:confused:
stylepoet
10-29 01:02 PM
I can't find any reference on this forum to E2 investors. We are the skilled, motivated entrepreneurs who come here, invest heavily, employ citizens and have no path to permanent residence. Our children must return to their country of origin at age 21, regardless of how long they have lived here. We ourselves must renew our visas regularly and live in fear of denial.
E2 investors need support in our quest for reform. Is there any room in your organization for us? We will go anywhere and do anything to raise awareness of the injustice of the current immigration laws. The DREAM Act was (thankfully) defeated yet again and should continue to be defeated until it includes all immigrant children, not just illegals.
Those of us who come here legally should be at the top of the list when it comes to reform. Can we band together to make our voice even louder?
E2 investors need support in our quest for reform. Is there any room in your organization for us? We will go anywhere and do anything to raise awareness of the injustice of the current immigration laws. The DREAM Act was (thankfully) defeated yet again and should continue to be defeated until it includes all immigrant children, not just illegals.
Those of us who come here legally should be at the top of the list when it comes to reform. Can we band together to make our voice even louder?
a_yaja
07-18 09:24 AM
I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.
I would advise you to file in July. Although USCIS says it will accept application till Aug 17th, in theory they could reject your application saying that your priority date is August. It would be heartburn for you all over again. If you can explain what your "minor" problems are, perhaps some of us could suggest a way out.
Good Luck on your filing and hope you make the July deadline.
I would advise you to file in July. Although USCIS says it will accept application till Aug 17th, in theory they could reject your application saying that your priority date is August. It would be heartburn for you all over again. If you can explain what your "minor" problems are, perhaps some of us could suggest a way out.
Good Luck on your filing and hope you make the July deadline.
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