Roger Binny
10-15 06:47 PM
My case is also similar.
Applied labor in 2002 under Eb3 category
I-140 approved in 2006.
Applied labor in 2007 under EB2 category( same Company)
Applied I-140 Eb2 and requested to port EB3 Priority date.
I-140 got approved but did not port EB3 priority date.
Applied I-485 in 2007 using eb3 labor and I-140.
As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
My attroney sent SR last month to port priority date on EB2 I-140.
I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
Still waiting for response.
I don't know how long USCIS will take to port PD.
Ekkati
Sounds like, they are considering your SR, but time gap is just a week, so atleast one or two weeks to go i guess.
Applied labor in 2002 under Eb3 category
I-140 approved in 2006.
Applied labor in 2007 under EB2 category( same Company)
Applied I-140 Eb2 and requested to port EB3 Priority date.
I-140 got approved but did not port EB3 priority date.
Applied I-485 in 2007 using eb3 labor and I-140.
As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
My attroney sent SR last month to port priority date on EB2 I-140.
I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
Still waiting for response.
I don't know how long USCIS will take to port PD.
Ekkati
Sounds like, they are considering your SR, but time gap is just a week, so atleast one or two weeks to go i guess.
uffyegc
10-16 02:51 PM
Hi,
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
Gowtham Nalluri
06-29 11:53 AM
All my paperwork is done and my lawyer said she is going to mail the application on monday and should reach USCIS by Tuesday.
sjhugoose
February 12th, 2004, 11:08 AM
And Fujifilm too. But I think its a "business decision" somehow, and I don't expect it will happen, when Canon is so dominant, for that market segment concerned. At least not now, not soon. I wish I am wrong.
Steven
Steve will you just give up this Facade! You know your gonna go the way of the mighty CANON. You know you want it! You've been trying to convince yourself for so long that you can stick with Nikon mount. But thats just it you need to convince yourself not to get Canon!!
FEEL THE FORCE obiwan!! :D:D:D:D:D
Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA
Oh, ISO 6---> buy ND filters!
Scott
Steven
Steve will you just give up this Facade! You know your gonna go the way of the mighty CANON. You know you want it! You've been trying to convince yourself for so long that you can stick with Nikon mount. But thats just it you need to convince yourself not to get Canon!!
FEEL THE FORCE obiwan!! :D:D:D:D:D
Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA
Oh, ISO 6---> buy ND filters!
Scott
more...
va_il
03-15 01:55 PM
u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off
Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.
I was offered one when i was in that situation way back in 99.
Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.
I was offered one when i was in that situation way back in 99.
kumkum
08-04 01:46 PM
Thank you very much Mr.sk.aggarwal.i will call them.
more...
lvinaykumar
05-12 10:55 AM
good, at-least we are seeing good number of approvals, All the best and good luck guys
GCFROMOHIO
05-04 10:39 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
more...
ggyro
07-12 06:13 PM
Forgive me if this post does not belong here (this is the first time I am posting anything in any forum)
I have been in US as a student for four years and working as a researcher for little over a year. I learnt of all this 140 - 485 - 765 business only in the last 3 - 4 weeks after my first interaction with a lawyer who is filing for my permanent residency. The recent USICS dates "flip-flop" as many refer to is in fact disappointing. Based on my little understanding of how all this works I came down to the following two thoughts (and I am a bit skeptical of how this forum will react to what I am posting)-
1. The sudden change of PD to current for many was a too good to be true event - and if it is too good to be true, it probably isn't. USCIS made us aware of that on 2nd July. Of course, people got excited spent a lot of time and effort to collect papers etc and USCIS did do something to upset a lot of people. Having said that, status quo for most is what it was before July 13th. albeit applying for 485 would have allowed getting work permits for dependents, and travel documents etc.
2. In my humble opinion, asking a law suit or any amount of aggravation expressed towards USCIS is not going to be of much benefit. Instead the solution lies with SKIL BILL. Again, this is just my opinion that channeling energy to move the SKIL BILL forward is really the way to solve the problem. This bill is now in the senate judiciary committe for review and there is a good chance, just like last year, that it will remain there and die unless somebody pushes it forward.
I have been in US as a student for four years and working as a researcher for little over a year. I learnt of all this 140 - 485 - 765 business only in the last 3 - 4 weeks after my first interaction with a lawyer who is filing for my permanent residency. The recent USICS dates "flip-flop" as many refer to is in fact disappointing. Based on my little understanding of how all this works I came down to the following two thoughts (and I am a bit skeptical of how this forum will react to what I am posting)-
1. The sudden change of PD to current for many was a too good to be true event - and if it is too good to be true, it probably isn't. USCIS made us aware of that on 2nd July. Of course, people got excited spent a lot of time and effort to collect papers etc and USCIS did do something to upset a lot of people. Having said that, status quo for most is what it was before July 13th. albeit applying for 485 would have allowed getting work permits for dependents, and travel documents etc.
2. In my humble opinion, asking a law suit or any amount of aggravation expressed towards USCIS is not going to be of much benefit. Instead the solution lies with SKIL BILL. Again, this is just my opinion that channeling energy to move the SKIL BILL forward is really the way to solve the problem. This bill is now in the senate judiciary committe for review and there is a good chance, just like last year, that it will remain there and die unless somebody pushes it forward.
gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"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."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
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.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"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."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
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.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
more...
alterego
07-08 05:12 PM
Is that all he said? I wonder why he did not say they should be screened for their skin color, their Shakespearean English and BTW all the applications of legal residents and naturalized Citizens here who are non Europeans ought to be revisited to ensure they fit the new criteria. Perhaps actually saying that would have been too politically incorrect.
This guy is unbelievably anti-immigrant. Even many anti-immigrants feel he is too far to their right on this issue. Him in the house and Sen. Jeff Sessions in the Senate cannot be changed. They are rather openly vile, vicious and virulent in their attack of any and all immigrants.............legal or illegal. That is why they are given so much airtime on CNN with Lou Dobbs.
The real irony of it all to me is that the ancestors of many of the Mexicans (albeit illegal) immigrants crossing the southern border are indigenous people of the Americas (the new world) like Mayans and Aztecs (atleast in part). His (Tancredo's) predecessors on the other hand are "invaders" like he terms todays immigrants. I wish one day his kind of people who seem like they feel America is their divine gift from god get asked this question in a public forum.
This guy is unbelievably anti-immigrant. Even many anti-immigrants feel he is too far to their right on this issue. Him in the house and Sen. Jeff Sessions in the Senate cannot be changed. They are rather openly vile, vicious and virulent in their attack of any and all immigrants.............legal or illegal. That is why they are given so much airtime on CNN with Lou Dobbs.
The real irony of it all to me is that the ancestors of many of the Mexicans (albeit illegal) immigrants crossing the southern border are indigenous people of the Americas (the new world) like Mayans and Aztecs (atleast in part). His (Tancredo's) predecessors on the other hand are "invaders" like he terms todays immigrants. I wish one day his kind of people who seem like they feel America is their divine gift from god get asked this question in a public forum.
wait_2010
07-29 12:02 PM
Can any body in the forum please confirm that it is possble to get a F1 in a part-time program. I plan to soon start a masters part-time program with an accredited university.
In the middle of the program, is it possible for me to move from H1 to F1 if I can prove that I will take a full course load ( 12 credits or whatever be the requirement)..The university does alow me to increase course work as per my desire..
Has any one gone thru this process or know for sure that it can be done...
Replies are very much appreciated
In the middle of the program, is it possible for me to move from H1 to F1 if I can prove that I will take a full course load ( 12 credits or whatever be the requirement)..The university does alow me to increase course work as per my desire..
Has any one gone thru this process or know for sure that it can be done...
Replies are very much appreciated
more...
jonty_11
12-14 02:15 PM
Class of admission means the class/status she was admitted into the country with. So I think u should use H4. I think u should mail it together...
waitin_toolong
09-05 06:16 AM
it is fairly common, if you used separate checks then look at the backs of cashed checks for case number else call USCIS.
more...
overhere
07-18 08:40 AM
Thanks! I was worried because they may reject my application because if the PD is August, it is not qualified under the July VB. But it seems that because I am qualified anytime the VB shows current, I can apply in August without issue regarding PD.
why can't you just file it right away? i really suggest filing your application asap or within july so you'll get an earlier pd.
why can't you just file it right away? i really suggest filing your application asap or within july so you'll get an earlier pd.
n2b
08-02 09:35 AM
if you can convince the current employer not to revoke the 140 (at least for the next 180 days).
Is this true? If the employer agrees to not invoke I140 for next 180 days, I can start working for another company tomorrow without affecting my 485 application?
Wouldn't you need to show paystubs or something, for 180 days, for the company that filed your I485?
Thank you!!
Is this true? If the employer agrees to not invoke I140 for next 180 days, I can start working for another company tomorrow without affecting my 485 application?
Wouldn't you need to show paystubs or something, for 180 days, for the company that filed your I485?
Thank you!!
more...
LloydsApple
11-11 06:04 PM
that's what I thought but she has dealt with a lot of bs with all this paperwork so it is nice to have additional insight to ease traveling worries. Thanks!
ram006
07-17 09:35 AM
I meant re-apply for her 485
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
robert5156
07-27 01:42 PM
yagw,
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
Ann Ruben
01-08 09:39 PM
Unfortunately, your new wife cannot file the I-485 until your PD becomes current. Because she cannot file her I-485, she will not be entitled to an EAD based on having a pending I-485. If your new wife's country of birth is not the same as yours, you both may benefit from quota cross-chargeability rules.
s416504
08-29 01:09 PM
I do agree with IV Core Team and I am sure we will show good strength at DC
