speddi
07-13 01:09 PM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
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90210
03-28 04:35 PM
Hello All,
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
prem_goel
07-26 12:56 PM
I just e-filed my EAD application. Unfortunately, right after I made the payment thorugh Credit Card and it generated the PDF receipt, I noticed that my country of Citizenship/Nationality is entered as USA, instead of INDIA. Everything else on the form is correct.
Can anyone advise how to correct this error? I haven't send any supporting documentation. Should I just highlight this in my cover letter when I send the supporting documentation? Or call up USCIS Customer Service and they can correct that maybe?
Please advise guys,
Thanks
Can anyone advise how to correct this error? I haven't send any supporting documentation. Should I just highlight this in my cover letter when I send the supporting documentation? Or call up USCIS Customer Service and they can correct that maybe?
Please advise guys,
Thanks
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dassumi
03-02 04:54 PM
I will be remoting in from a different state. My employer would not file a new labor condition application which is required.
That makes sense. From your company's perspective (book keeping), this is like a new hire right? I don't see an issue at all with using your EAD (invoking AC21). One thing you may want to check is if being on contract vs. full time has any detrimental effect on the G.C. application. I personally dont think that there will be, as many of us are on contract with an employer
I would consult an attorney, let me know if you need one and I can get you in touch with mine.
That makes sense. From your company's perspective (book keeping), this is like a new hire right? I don't see an issue at all with using your EAD (invoking AC21). One thing you may want to check is if being on contract vs. full time has any detrimental effect on the G.C. application. I personally dont think that there will be, as many of us are on contract with an employer
I would consult an attorney, let me know if you need one and I can get you in touch with mine.
more...
bestin
06-23 09:57 PM
Thats awesome.Great job alterego.I wish there are more members from SW Michigan.Since most of the new interest group have not mentioned their phone number,i am also not sure where they are from.
Almost 90% of our current members are in East Michigan.
BTB,pls check your email.
Bestin,
I recently discussed this issue with a couple of people in southwest Michigan, in jobs and contract positions with Whirlpool corporation. I am not sure if that is where the interest is coming from, but it is quite possible. They are new blood and did not even know this organization existed and that it was instrumental in last years VB reversal. I offered to meet with a larger group of them and give a talk but asked one specific senior employee there to network and find out the potential interest of potential members. I shared with him the link to this website. I was told there are up to 50 members in various stages. Not sure how many would be interested, but....there is a pool we can tap into in one location.
There are a number of foreign nationals of many countries that work here too who are in the EB queue. Hopefully this can give a new impetus.
Almost 90% of our current members are in East Michigan.
BTB,pls check your email.
Bestin,
I recently discussed this issue with a couple of people in southwest Michigan, in jobs and contract positions with Whirlpool corporation. I am not sure if that is where the interest is coming from, but it is quite possible. They are new blood and did not even know this organization existed and that it was instrumental in last years VB reversal. I offered to meet with a larger group of them and give a talk but asked one specific senior employee there to network and find out the potential interest of potential members. I shared with him the link to this website. I was told there are up to 50 members in various stages. Not sure how many would be interested, but....there is a pool we can tap into in one location.
There are a number of foreign nationals of many countries that work here too who are in the EB queue. Hopefully this can give a new impetus.
pd052009
01-07 09:43 AM
The bill can only be in news and considering current political situation, it won't be passed.
more...
viper673
06-24 01:20 PM
Makes sense. Thank you for your reply.
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pmat
02-20 08:55 AM
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
Yes, you can hold on to the priority date if you have copy of approved I-140 and you old company doesn't revoke the I-140.
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
If you are already on a H1 and are only doing a H1B transfer, it will not not count towards quota (unless your current H1B is for non-profit org and new H1B is for a for-profit org). You can start working as soon as you get the receipt. But, if you are applying for a fresh H1B, it will count towards quota and you will have to wait till Oct 07 before starting to work.
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
Yes, you can hold on to the priority date if you have copy of approved I-140 and you old company doesn't revoke the I-140.
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
If you are already on a H1 and are only doing a H1B transfer, it will not not count towards quota (unless your current H1B is for non-profit org and new H1B is for a for-profit org). You can start working as soon as you get the receipt. But, if you are applying for a fresh H1B, it will count towards quota and you will have to wait till Oct 07 before starting to work.
more...
Brightsider
10-05 09:29 PM
My cousin was able to get it same day.
Drop everything and visit the local/nearest office as soon as you can.
The guys there are usually very sympathetic in such cases.
Best of luck
Drop everything and visit the local/nearest office as soon as you can.
The guys there are usually very sympathetic in such cases.
Best of luck
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vnsriv
11-12 11:57 AM
If you go for a permanent position, drug test & background checks are very common and also the process is very simple. Also it depends on the type of sector, for e.g if you go in medicare drug test is must, similarily if you go for financial majors, fingerprinting is common.
If you are clean you shouldn't worry. Good luck and congrats for new job.
Cheers
If you are clean you shouldn't worry. Good luck and congrats for new job.
Cheers
more...
krovvidiusa
09-03 09:36 AM
I filed my 485 in EB-2 I, in July 2007. My PD: Nov 2004. I couldn't resist myself from creating an Infopass appt to find out the details of my case. I am in Dallas, TX. Had the appt at 7am this morning and I am pretty happy with the appt. I had a soft LUD on 08/14/09 and was concerned if it was for pre-adjudication. The officer was respectful and answered all my questions. I was asked my priority date, category, country chargeability. He checked the system and told me that the case is pre-adjudicated on 08/14/09 (hence the soft LUD) and a decision has been made. I asked him if he would know the decision and his response was "I cannot officially say that it is in the YES bin, but USCIS does not have to wait for a visa number if it was in the NO bin." I said that I understood it and asked if the namecheck and FBI check were complete. He said, the next step is to approval. I was all smiles.
I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).
Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).
My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.
I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.
I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).
Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).
My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.
I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.
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guyfromsg
09-21 10:15 PM
guyfrommsg,
i have filed in the form / submitted the application for joining the google GA group. please check.
Hi,
Remember we met in the rally. Your pictures are great :)
i have filed in the form / submitted the application for joining the google GA group. please check.
Hi,
Remember we met in the rally. Your pictures are great :)
more...
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cableching
07-27 01:52 PM
H
Even I changed my address last month. No RFE.
Now Again I want to chnage. I want to know If I just submit AR11 online, without updating the pending applications ( not expecing any communication for CIS next couple of months). Will they look in to AR11 and issue RFE(If at all).OR it is just a record no one care unless you chnage the pending applications.
Thanks
It is a "MUST" to update address on all the pending applications too. Look at the below thread for more info...
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/161016-does-ar11-change-of-address-trigger-rfe-for-evl.html#post487007
Even I changed my address last month. No RFE.
Now Again I want to chnage. I want to know If I just submit AR11 online, without updating the pending applications ( not expecing any communication for CIS next couple of months). Will they look in to AR11 and issue RFE(If at all).OR it is just a record no one care unless you chnage the pending applications.
Thanks
It is a "MUST" to update address on all the pending applications too. Look at the below thread for more info...
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/161016-does-ar11-change-of-address-trigger-rfe-for-evl.html#post487007
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sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
more...
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gclabor07
08-26 10:42 AM
Thank you both for the information. I'll recapture my 3 months spent in India as well. Hopefully, that gives me time to get I-140 processed. I'm keeping my fingers crossed about I-140 Premium Processing.
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gtm228
05-25 02:29 PM
Hi
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
My advise is to get a Non-availability of birth certificate because an RFE is the last thing you wanna see. My wife tried Allied Legal, India to get Non-availability of birth certificate for her parents. you can try them. They are the immigration attorneys in USA. How to get Non Availability of Birth Certificate in India (http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm)
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
My advise is to get a Non-availability of birth certificate because an RFE is the last thing you wanna see. My wife tried Allied Legal, India to get Non-availability of birth certificate for her parents. you can try them. They are the immigration attorneys in USA. How to get Non Availability of Birth Certificate in India (http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm)
more...
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ramhs
02-19 09:01 PM
I know the quota of h1b for 2007 applications start april 1st but is it possible to mail to INS before , or should the applications be postmarked april1st ?
Thanks
Thanks
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vts31
10-20 02:51 PM
im going to try that. I can see the right render is a bit to the right more. oki :)
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Gravitation
01-29 02:09 PM
Let's post about IV at our local craigslist chapters. We can't afford to slack off.
Waitingnvain
07-18 04:02 PM
It does not.
prioritydate
08-18 05:22 PM
PD is Nov 2004 (transferred from a previous EB2 filing).
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
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