franklin
05-31 10:46 AM
Great news!
But to answer the question posed - how do we get more of the affected retrogressed people involved. I suspect it will take "casting a wider net" and getting people from different countries.
But to answer the question posed - how do we get more of the affected retrogressed people involved. I suspect it will take "casting a wider net" and getting people from different countries.
willigetgc?
09-24 10:33 AM
Charles Gonzalez of TX are talking about slapping the wrist of the employers who are employing illegals as opposed to putting them in prison....
ONEMOREGCSEEKER
07-15 11:16 PM
Thanks RPAT. With this additional clarification I can say that my case is not similar.
In my case, my employer first applied EB3 (pre-Perm) substitution I-140 with LC priority date of Nov-2004 while my EB2 LC was pending. When in Mar-2007 my Perm EB2 LC was approved, employer asked me if I want to continue with EB3 or want to use new EB2 LC. The day I informed my decision to move with EB2 was the day EB3 I-140 was approved. I think then lawyer used Nov-2004 priority date in my EB2 I-140. Approval for EB2 I-140 was received in Nov-2007 and indicated PD of Nov-2004. My I-485 was filed in Aug-07 as concurrent application. Later my company told me that EB3 I-140 was withdrawn. Now my I-485 is still pending and I suspect it has EB3 classification. I have opened SR early this week. Let's see what's the response.
Thanks for your prompt response. Wish you good luck.
In my case, my employer first applied EB3 (pre-Perm) substitution I-140 with LC priority date of Nov-2004 while my EB2 LC was pending. When in Mar-2007 my Perm EB2 LC was approved, employer asked me if I want to continue with EB3 or want to use new EB2 LC. The day I informed my decision to move with EB2 was the day EB3 I-140 was approved. I think then lawyer used Nov-2004 priority date in my EB2 I-140. Approval for EB2 I-140 was received in Nov-2007 and indicated PD of Nov-2004. My I-485 was filed in Aug-07 as concurrent application. Later my company told me that EB3 I-140 was withdrawn. Now my I-485 is still pending and I suspect it has EB3 classification. I have opened SR early this week. Let's see what's the response.
Thanks for your prompt response. Wish you good luck.
english_august
07-09 08:18 PM
Guys - you can surely spend a couple of hours. And as a bonus, you might even see yourself on the evening news :D.
It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.
It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.
more...
poorslumdog
09-13 11:52 AM
Hello Attorney,
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
If you are out of the country for six months...you will lose your GC. Dont do that mistake.
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
If you are out of the country for six months...you will lose your GC. Dont do that mistake.
eager_immi
07-17 09:28 AM
A# is either someting that you get by the following ways:
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
That's your alien number and it's given to you when your I140 is approved. See my post above.
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
That's your alien number and it's given to you when your I140 is approved. See my post above.
more...
upuaut
09-15 07:34 PM
Ha!! great to see it worked for you right off the bat. I'll have to check out that feature once I get MX.
It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.
It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.
karthiknv143
04-13 04:57 PM
This is different from the SKILL bill.
more...
saimrathi
07-24 11:22 AM
I think all it is saying is that you need to submit the approved labor certification application with your i-140/485 concurrent application, as far as i can remember my lawyer sent in my approved labor cert appli with my concurrent filing appli.. although please check with ur lawyer...
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
Jerrome
10-18 01:29 PM
Is it possible to track 140 without the receipt notices.
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lagsam
12-17 03:35 PM
There is no problem re-entering with a valid AP, even if the validity date is the day you re-enter.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
aristotle
03-09 04:28 AM
She is a derivate on my pending AOS, has a valid EAD/AP. She used to work on H1 and stopped work sometime ago. Does she need to do anything/is she automatically considered to be in AoS status?
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girishvar
08-15 12:11 PM
There is a USCIS memo on Merger and Acquisition released some time in 2003/2004. I am not able to locate that. I have used that memo to continue my H1b.
PHANI_TAVVALA
02-26 02:00 PM
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
Pardon my dumbness again, please elaborate "immigration lingo".
Pardon my dumbness again, please elaborate "immigration lingo".
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ameryki
07-20 11:17 PM
Hello,
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
cucubau
10-17 03:39 AM
It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.
Assuming I filed for I-485 before the retrogression mess.
Thanks!
Assuming I filed for I-485 before the retrogression mess.
Thanks!
more...
gceveryone
11-09 03:39 PM
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
gcpain
05-20 03:59 PM
1. If ur attorney is an AILA member, Check ur status through AILA
- My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?
2. Call the USCIS customer service and submit an SR request
- What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.
All you Immigration gurus, please advice. Thanks in advace fot you all.
- My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?
2. Call the USCIS customer service and submit an SR request
- What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.
All you Immigration gurus, please advice. Thanks in advace fot you all.
javadeveloper
08-10 03:10 PM
Hi All,
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
As per my knowledge 2 things considered for 140
1.Company's ability to pay
2.Whether the candiate is really qualified enough (like Education and Experiance) for the position they mentioned in labor - a)If labor petition asks for bachelors , the candidate should have bechelors or higher education b) if the labor petition asks for 1 year experiance , the candidate should have 1 year experiance (this exp excludes the exp from sponsoring company I guess)prior to the PD.
Someone please correct me if i am wrong.
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
As per my knowledge 2 things considered for 140
1.Company's ability to pay
2.Whether the candiate is really qualified enough (like Education and Experiance) for the position they mentioned in labor - a)If labor petition asks for bachelors , the candidate should have bechelors or higher education b) if the labor petition asks for 1 year experiance , the candidate should have 1 year experiance (this exp excludes the exp from sponsoring company I guess)prior to the PD.
Someone please correct me if i am wrong.
nogc_noproblem
07-18 11:10 PM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
kalyan65
10-19 10:25 AM
my i-140 denied for same reason in May'07 three days before Jun'07 visa bulletin released.
I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.
I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
It took 2 months to reply RFE, after 1 month I-140 got approved
Here is my case history,
Came to US : Aug.2000 on H1
First Labour : Apr'03, Labour Approval : Jan'07
First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE
Second Labour : EB3, Oct'07, Labour Approval : Mar'08
Second I-140 : Jun'08, Approved : Apr'09
Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.
I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.
I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
It took 2 months to reply RFE, after 1 month I-140 got approved
Here is my case history,
Came to US : Aug.2000 on H1
First Labour : Apr'03, Labour Approval : Jan'07
First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE
Second Labour : EB3, Oct'07, Labour Approval : Mar'08
Second I-140 : Jun'08, Approved : Apr'09
Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.
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