Better_Days
05-20 04:33 PM
I have been looking into these on my own but have been unable to get answers on my own.
Just to recap: my old I-140 was denied and an appeal has been pending with AAO since October 2007.
I started a new PERM process and my 2nd I-140 was approved on 4/27/2009. On 5/06/2009, I had a LUD on the approved I-140, pending I-485 (that was filed based on the old-140) and my AP that was approved in 11/2008.
Does it mean that my pending I-485 is now linked with the approved I-140?
More generally, if an applicant has more than one I-140 pending in the same category (EB-3 in this case) and one of them is approved, does a pending 485 get linked to the approved one automatically?
If so, does it mean that I can now enjoy the benefits of AC-21? :) Someone please say yes :o
I think that the best way of determining this would be to ask USCIS which I-140 is linked to my pending I-485. Will USCIS refuse to release the information on the ground that the I140 belongs to the employer. Please note that I am not asking if a particular I-140 is approved or not? I am asking which I-140 is linked with "my" I-485.
Thanks to everyone who responds.
Just to recap: my old I-140 was denied and an appeal has been pending with AAO since October 2007.
I started a new PERM process and my 2nd I-140 was approved on 4/27/2009. On 5/06/2009, I had a LUD on the approved I-140, pending I-485 (that was filed based on the old-140) and my AP that was approved in 11/2008.
Does it mean that my pending I-485 is now linked with the approved I-140?
More generally, if an applicant has more than one I-140 pending in the same category (EB-3 in this case) and one of them is approved, does a pending 485 get linked to the approved one automatically?
If so, does it mean that I can now enjoy the benefits of AC-21? :) Someone please say yes :o
I think that the best way of determining this would be to ask USCIS which I-140 is linked to my pending I-485. Will USCIS refuse to release the information on the ground that the I140 belongs to the employer. Please note that I am not asking if a particular I-140 is approved or not? I am asking which I-140 is linked with "my" I-485.
Thanks to everyone who responds.
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singhsa3
07-18 03:52 PM
I think , I don't agree with camarasa.
First , u can file I-140 earlier or concurrently with I-485.
Secondly, EB2 or EB3 is important only for determining if you PD is current or not.
Third : You did not commit any fraud from ur side. (Albeit Do preserve response to the RFE)
Fourth: What the worst will happen? If say EB-2 is current and you file but it gets rejected because PD was not current, SO WHAT? File it latter, it is not going to play against you. Most likely rejection will not happen as USCIS system will also show EB-2.
One suggestion though: Call on USCIS to confirm that the approval is indeed for EB-2
Surely the person working on your I-485 application would wonder why your I-485 wasn't filed together with your I-140 if it's approved under EB2? What if they start processing your I-485 and because of the backlog (which could be around 2-3 years maybe more because of the July 2nd fiasco) they only start wrapping up your approval 3 years later, at which point they spot the problem and tell you to refile your I-140 and I-485 again under EB3. Would you think it was worth it then?
First , u can file I-140 earlier or concurrently with I-485.
Secondly, EB2 or EB3 is important only for determining if you PD is current or not.
Third : You did not commit any fraud from ur side. (Albeit Do preserve response to the RFE)
Fourth: What the worst will happen? If say EB-2 is current and you file but it gets rejected because PD was not current, SO WHAT? File it latter, it is not going to play against you. Most likely rejection will not happen as USCIS system will also show EB-2.
One suggestion though: Call on USCIS to confirm that the approval is indeed for EB-2
Surely the person working on your I-485 application would wonder why your I-485 wasn't filed together with your I-140 if it's approved under EB2? What if they start processing your I-485 and because of the backlog (which could be around 2-3 years maybe more because of the July 2nd fiasco) they only start wrapping up your approval 3 years later, at which point they spot the problem and tell you to refile your I-140 and I-485 again under EB3. Would you think it was worth it then?
div_bell_2003
12-17 08:41 PM
Yes, I know and I agree, while on AOS you can definitely study, not work etc, but I think the person I replied had an intention of changing to F1 status while AOS is pending. Well, that, I don't think is doable.
I Know someone who went to a top B-School for full time MBA but had some arrangement with his sponsoring company to keep him in their payroll ( not sure if he worked part time or not, most likely not ) to keep his GC process alive.
Sorry to differ but I don't go with your opinion. In adjustment of status, you can definitely study, loose job and even claim unemployment. Only condition is when interview happens, you should be able to provide valid similar job offer.
I Know someone who went to a top B-School for full time MBA but had some arrangement with his sponsoring company to keep him in their payroll ( not sure if he worked part time or not, most likely not ) to keep his GC process alive.
Sorry to differ but I don't go with your opinion. In adjustment of status, you can definitely study, loose job and even claim unemployment. Only condition is when interview happens, you should be able to provide valid similar job offer.
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godbless
01-19 03:04 PM
Is there a way to complain against the desi companies who are bringing people here on false qualifications, work experience and resumes charging them lacs of rupees? These people then go underground or get some IT testing training or whatever for their survival.
more...
go_guy123
11-26 08:09 AM
Is staying in a hotel or a rented apartment counted towards stay in canada ?
Are you asked to show proof of the stay like rent rceipt or hotel bill ?
Thanks.
When you renew your PR visa after 5 years they will check for physical presence in Canada. You need to show proof ....emplyer payslip or
something else. ON teh whole you need to show you staye din Canada for 2 years.
The passport entry stamps can be used to record dates of entry to canada
and US. With that they can calculate how long u stayed in Canada
The old rules didnt require physical presence. New rules ask for physical presence test
Are you asked to show proof of the stay like rent rceipt or hotel bill ?
Thanks.
When you renew your PR visa after 5 years they will check for physical presence in Canada. You need to show proof ....emplyer payslip or
something else. ON teh whole you need to show you staye din Canada for 2 years.
The passport entry stamps can be used to record dates of entry to canada
and US. With that they can calculate how long u stayed in Canada
The old rules didnt require physical presence. New rules ask for physical presence test
485InDreams
09-19 05:18 PM
wht if they say yes and didn't turn on the rally day...
next move we do should be firm and confident....these politicians require count to speak for us...
i'm sure that is one of the reason IV pressurised all the memebers to attend the rally...
next move we do should be firm and confident....these politicians require count to speak for us...
i'm sure that is one of the reason IV pressurised all the memebers to attend the rally...
more...
bugsbunny
04-14 03:28 PM
He already was on H1b so might not be able to go back to the original F1? I am no expert on this but once you convert from one visa to other usually the other one is revoked? Also you cannot go to another school that has not issued you the F1.
His options might be either file for new H1b visa a new employer or to wait out to see and potentially challenge the denial of the current one. Unfortunately either way it will take time. Going for visa stamping has become a nightmare for all of us.
He already confirmed that it is ok to use existing F1 through his school officials and lawyer...all he needs is the new I-20 from new school...he is confirming if he can do this with the consulate.
He was never issued the H1
If the consulate has issued him the H1 then they might have invalidated the F1 with a stamp saying its no longer valid
His options might be either file for new H1b visa a new employer or to wait out to see and potentially challenge the denial of the current one. Unfortunately either way it will take time. Going for visa stamping has become a nightmare for all of us.
He already confirmed that it is ok to use existing F1 through his school officials and lawyer...all he needs is the new I-20 from new school...he is confirming if he can do this with the consulate.
He was never issued the H1
If the consulate has issued him the H1 then they might have invalidated the F1 with a stamp saying its no longer valid
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fittan
10-03 05:21 PM
Wow Logiclife u're fast...appreciate your replies.
I've carefully read yr responses and the AC21 memo and here's what I understand:
Even without an approved I-140, it is possible to change job after 180 days but it is VERY risky. If I am lucky not to have any RFE, then my I-140/I-485 will proceed along. However, if there is so much be a RFE, then 2 things could happen: 1) The USCIS realizes that I am no longer working for the petitioner and 2) The company does not respond to the RFE (well it's bankrupt and close for business). In either case, my I-140 will be denied and the whole GC process goes down the drain. Thanks again.
Fittan
I've carefully read yr responses and the AC21 memo and here's what I understand:
Even without an approved I-140, it is possible to change job after 180 days but it is VERY risky. If I am lucky not to have any RFE, then my I-140/I-485 will proceed along. However, if there is so much be a RFE, then 2 things could happen: 1) The USCIS realizes that I am no longer working for the petitioner and 2) The company does not respond to the RFE (well it's bankrupt and close for business). In either case, my I-140 will be denied and the whole GC process goes down the drain. Thanks again.
Fittan
more...
NKR
08-28 06:44 PM
Party Over...Still Hang Over. Anyways who declared the party is over? I didnt hear anything from the host(USCIS) or his wife(DOS)? I dont know about you...I'm still going for a refill(waiting for september). :D
How come only 2006 and 2005 EB2 India PD applicants were invited to the party?.
How come only 2006 and 2005 EB2 India PD applicants were invited to the party?.
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dixie
08-15 09:37 AM
I agree in principle .. but please recognize that we are tiny needles in this immigration haystack, and however "non-controversial" a provision may be it is not trivial to get a congressman to introduce a dedicated bill for it.We always have to piggyback on some larger omnibus bill. For that matter all our provisions should be non-controversial given that illegals will soon get amnesty (of some sort).
It is not only easier to lobby for existing bills,given our limited resources and numbers, but also very important to do so .. remember that just because a bill has been introduced means absolutely zilch. There are scores of bills in our favor that are either dead or in limbo .. talk about CIR,PACE and now SKIL. First, the bill needs to be scheduled and then when it comes up for discussion in congress, there are plenty of pulls and pressures against us.The anti-immigrant lobby is huge and well-funded .. they are motivated to see every single immigrant deported from this country. So a bill like SKIL can very easily turn into an H1-B only bill (aka AC21) if we rest on our heels.
It is not only easier to lobby for existing bills,given our limited resources and numbers, but also very important to do so .. remember that just because a bill has been introduced means absolutely zilch. There are scores of bills in our favor that are either dead or in limbo .. talk about CIR,PACE and now SKIL. First, the bill needs to be scheduled and then when it comes up for discussion in congress, there are plenty of pulls and pressures against us.The anti-immigrant lobby is huge and well-funded .. they are motivated to see every single immigrant deported from this country. So a bill like SKIL can very easily turn into an H1-B only bill (aka AC21) if we rest on our heels.
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ufo2002
09-12 03:00 PM
Obama was kinda quiet during CIR bill debate... I can't remember if he gave a short speech about whether he supports or is against CIR.
But overall, no, I don't think he's helpful to us.
Another "budding" democrat is the Afro American from Chicago, Mr. Obama. He is very hostile to legal immigration because he thinks skilled immigration has a disproportionately negative impact on blacks. Democrats are only after voting blocks such as Latinos who they think will not be much interested in policy issues but will be a loyal vote bank. But Latinos are in general socially conservatives and fill in all likely hood be put off by the democrats liberal agenda. So I think they are barking up the wrong tree.
But overall, no, I don't think he's helpful to us.
Another "budding" democrat is the Afro American from Chicago, Mr. Obama. He is very hostile to legal immigration because he thinks skilled immigration has a disproportionately negative impact on blacks. Democrats are only after voting blocks such as Latinos who they think will not be much interested in policy issues but will be a loyal vote bank. But Latinos are in general socially conservatives and fill in all likely hood be put off by the democrats liberal agenda. So I think they are barking up the wrong tree.
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hope_4_best
01-22 10:37 AM
I need to renew the passports of wife and kid from Indian Consulate New York by mail.
May I please know the list of documents that needs to be notarized?
May I please know the list of documents that needs to be notarized?
more...
house On Paramore#39;s breakthrough
royus77
07-18 11:34 PM
So if the spouse uses the EAD, does that invalidate the H1 visa of the primary applicant.:)
Yes or No ???? please
Yes or No ???? please
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chanduv23
03-08 10:08 PM
Respected chanduu I have lot of respect for you for your work in IV...Please dont make fun ...I am very upset...
sorry about that, I am also in same situation and now with a month old baby too. Figured out nothing will happen by being upset.
If you are in IT, companies are still hiring though it is slow. So hang in there and u will get something soon.
sorry about that, I am also in same situation and now with a month old baby too. Figured out nothing will happen by being upset.
If you are in IT, companies are still hiring though it is slow. So hang in there and u will get something soon.
more...
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needhelp!
09-28 02:09 PM
u
m
p
m
p
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dsneyog
02-07 12:33 PM
Thank you. I think I will have to go that route.
usually EAD takes 90 days but visit your local congressman/senator office and explain them the situation and ask them to help to expediate the EAD renewal, usually they check your case with USCIS and it might work (depends on the officer who reviews your case too). hope the situation resolves soon, good luck.
usually EAD takes 90 days but visit your local congressman/senator office and explain them the situation and ask them to help to expediate the EAD renewal, usually they check your case with USCIS and it might work (depends on the officer who reviews your case too). hope the situation resolves soon, good luck.
more...
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b.rich
06-05 09:20 PM
I know this doesnt count but... i had some free time to mess with this serve a bit more. I think it brings you in the picture a lil better.
http://rydercuphomes2004.com/round1a.jpg
...mlk 'pm' me if you would rather roll with this one.
thanks,
http://rydercuphomes2004.com/round1a.jpg
...mlk 'pm' me if you would rather roll with this one.
thanks,
girlfriend Paramore RIOT
apt29
07-15 05:20 PM
my Notice date is Oct 11, 2007. I saw lud on 06.02.
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yimin88
01-19 10:42 AM
Is EB2 Worldwide predicted to be backlogged soon? I heard some people say that, any input?
Yimin
Yimin
masterji
05-22 11:51 PM
But, when someone enters US with AP, then his H1B becomes void. In that case what is the point of going back to Toronto to get the passport with H1B visa stamp which will have no value? Am I right?
His visa application is pending name check verification and they handed him his passport back saying they will call him once they receive NC clearance from DOS. So he had his passport with him and his AP so was able to come back.
His visa application is pending name check verification and they handed him his passport back saying they will call him once they receive NC clearance from DOS. So he had his passport with him and his AP so was able to come back.
morchu
05-05 01:02 PM
Pappu,
I do not agree. Employer working with attorney directly on PERM does not cause an abuse.
Infact at PERM stage, it is the employer who should infact take the lead. PERM and I-140 are employer filings, and attorney should really be representing the employer for most part and some part for the employee.
Also private firms and sole-proprietorships might prefer not to reveal the salary details of all its employees, expenses and net profits to the employee. If they work with the attorney, they can reveal the information just to USCIS, and not to employees. So you cannot judge the employer abuse just because he dont want to handover all the comapny financial paperwork to an employee.
I also mentioned that, make your judgement on whether to continue with that employer, since you may need full support from employer at many stages.
I agree that, the employee should get the required paperwork he is supposed to keep. And H1B full filing paperwork is one of them. I am sure the H1B filing paperwork will have some high level financial report of the company.
PERM supporting documentation, I140 supporting documentation are not necessarily to be distributed to employees. But I agree, employee should ask for and get a copy of the original PERM application (not supporting documentation) and I140 approval notice at minimum.
IAsking the applicant to have attorney work with the employer and not disclose the paperwork to the employee is wrong in my opinion.When some employers and attorneys do not share paperwork it can lead to abuse.
I do not agree. Employer working with attorney directly on PERM does not cause an abuse.
Infact at PERM stage, it is the employer who should infact take the lead. PERM and I-140 are employer filings, and attorney should really be representing the employer for most part and some part for the employee.
Also private firms and sole-proprietorships might prefer not to reveal the salary details of all its employees, expenses and net profits to the employee. If they work with the attorney, they can reveal the information just to USCIS, and not to employees. So you cannot judge the employer abuse just because he dont want to handover all the comapny financial paperwork to an employee.
I also mentioned that, make your judgement on whether to continue with that employer, since you may need full support from employer at many stages.
I agree that, the employee should get the required paperwork he is supposed to keep. And H1B full filing paperwork is one of them. I am sure the H1B filing paperwork will have some high level financial report of the company.
PERM supporting documentation, I140 supporting documentation are not necessarily to be distributed to employees. But I agree, employee should ask for and get a copy of the original PERM application (not supporting documentation) and I140 approval notice at minimum.
IAsking the applicant to have attorney work with the employer and not disclose the paperwork to the employee is wrong in my opinion.When some employers and attorneys do not share paperwork it can lead to abuse.
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