Suva
07-19 11:43 PM
Why not? 140 is not retrogressed. Anytime you can file I-140. So if i-485 is valid between Aug 1-17 then you can file both between that dates also.
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
Pallavi79
02-15 09:28 AM
<quote>In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals</quote>
there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.
there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.
belmontboy
08-14 08:28 PM
USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."
News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)
Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485
good morning.
This horse has been beaten to death before.
the pre-adjudication process does not give u any benefits of I-1485.
I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!
News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)
Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485
good morning.
This horse has been beaten to death before.
the pre-adjudication process does not give u any benefits of I-1485.
I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!
trueguy
08-11 11:23 AM
We don't have a poll for 2004 dates, true guy has dates before Jan 2004 and you have it starting from Jan 2005
ok guys, I will start a new poll starting from 2000 till 2010. Plz give me few minutes
ok guys, I will start a new poll starting from 2000 till 2010. Plz give me few minutes
more...
krishna_brc
01-29 12:47 PM
USCIS might be processing the applications in the order of recipt date
(need not adjudicate the application which is based on priority date)
So, i think USCIS can process applications without priority date being current.
(need not adjudicate the application which is based on priority date)
So, i think USCIS can process applications without priority date being current.
GCapplicant
07-11 10:22 AM
Its nice to see EB2 I moving forward...but will this fail the recapture bill for retrogressed countries?
what is the position for EB3 ?I know it must have become a dumb question but would like to know any help for us?
what is the position for EB3 ?I know it must have become a dumb question but would like to know any help for us?
more...
Paisano
04-16 10:30 AM
This RFE is about G-325. In that document, you would have mentioned that you have lived in MN, WA and TX for the last 5 years. And your employer must be in IL. The USCIS is using the information that is provided by you, in simple terms, against you.
The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.
The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.
Yours is the third case of this nature I heard this week.
The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.
The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.
Yours is the third case of this nature I heard this week.
EkAurAaya
07-10 09:37 PM
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
more...
visaspirant
10-21 11:26 AM
Hello,
Here's a snapshot of my scenario:
1.My first H1 with company A: Oct 2005 to Oct 2008 (stamped in my passport)
2.My entry to USA: May 2006
3.My wife's entry to USA on H4: Oct 2007 (stamped in her passport)
4.My second H1 with company B: Dec 2007 to Dec 2010 (Not stamped in my passport)
5.My wife's H1 with company C: Oct 2008 to Oct 2011 (Not stamped in her passport)
My wife is on H1 now and she could not get a job till now. Now we want to change her status back to H4. Whats the best way to do this? She plans to travel to India in Jan 2010 and I plan to travel to India in April 2010. Any help highly appreciated.
Here's a snapshot of my scenario:
1.My first H1 with company A: Oct 2005 to Oct 2008 (stamped in my passport)
2.My entry to USA: May 2006
3.My wife's entry to USA on H4: Oct 2007 (stamped in her passport)
4.My second H1 with company B: Dec 2007 to Dec 2010 (Not stamped in my passport)
5.My wife's H1 with company C: Oct 2008 to Oct 2011 (Not stamped in her passport)
My wife is on H1 now and she could not get a job till now. Now we want to change her status back to H4. Whats the best way to do this? She plans to travel to India in Jan 2010 and I plan to travel to India in April 2010. Any help highly appreciated.
rbkrao
09-12 01:20 PM
There should be a way to mention the no of Green Cards applied for in a family. I could vote as EB2 . but in my family I applied for 3. this count also should be captured right?
more...
jthomas
03-04 11:22 PM
During this process of recession why USCIS does not help the economy by hiring more employees or contractors and issuing green cards. However, green card guys may think of buying houses and improve economy.
Is it a good idea to request Obama, USCIS to employ more peoples(decrease unemployment), process work faster, and let the green card guys invest money in US to improve economy.
LOL
Is it a good idea to request Obama, USCIS to employ more peoples(decrease unemployment), process work faster, and let the green card guys invest money in US to improve economy.
LOL
gconmymind
08-19 03:11 PM
I will be in similar position if I get RFE for this. I guess all you can do is provide what you have and an explanation. Hopefully it should not be that big of an issue.
more...
chantu
02-29 02:18 PM
Well my employer applied for 140 on "some secret date", that he will not tell us :). So I don't know when he filed. I was under impression that he filed long time back almost a year back and it is approved. Suddenly, I received RFE at my home mail (I was surprised as well my employer..that how it arrived to my address) and I found that my I140 is in limbo state. But blessing in disguise was that now I have my I140 number and A# and I can track it online.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
LookingForGC
03-08 12:31 PM
Congrats. Glad to know.
more...
perm2gc
12-24 01:36 AM
Hi Nair/Perm,
I am not a returning US resident.
One of the companies sponsored my H1B and I am trying to get the visa stamped in India.
I got the wage report from the company but not the "Unemployment" wage report, so I am confused.
Any help about the document would be greatly appreciated.
Thanks a lot for all your help.
Have a nice time!
Thanks & Regards,
Chak
i know you are not in US.You cannot get the unemployment report yourself directly.You ask the company who sponsored the visa.They will get thru the attorney.
check this : http://www.labormarketinfo.edd.ca.gov/article.asp?ARTICLEID=572&PAGEID=67&SUBID=113
I am not a returning US resident.
One of the companies sponsored my H1B and I am trying to get the visa stamped in India.
I got the wage report from the company but not the "Unemployment" wage report, so I am confused.
Any help about the document would be greatly appreciated.
Thanks a lot for all your help.
Have a nice time!
Thanks & Regards,
Chak
i know you are not in US.You cannot get the unemployment report yourself directly.You ask the company who sponsored the visa.They will get thru the attorney.
check this : http://www.labormarketinfo.edd.ca.gov/article.asp?ARTICLEID=572&PAGEID=67&SUBID=113
senram
01-20 05:06 PM
I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.
At this rate...after couple of years the GC backlog will only be restricted to EB-India
At this rate...after couple of years the GC backlog will only be restricted to EB-India
more...
ita
11-08 03:38 PM
Change add' online in USCIS website. After few days you will receive confirmation letter. Also send AR-11 for to DHS and confirm with USCIS.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
I didn't get second part.
What is DHS?
Which address should I send AR-11 to ?
After all this is done will they resend the returned card or do I have to specifically request for it?
Thank you.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
I didn't get second part.
What is DHS?
Which address should I send AR-11 to ?
After all this is done will they resend the returned card or do I have to specifically request for it?
Thank you.
franklin
02-12 05:52 PM
No, experience from current company does not count.
If you have a masters, and the job requires one, it doesn't matter how much experience you have.
From Department of State (http://travel.state.gov/visa/immigrants/types/types_1323.html)
There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
If you have a masters, and the job requires one, it doesn't matter how much experience you have.
From Department of State (http://travel.state.gov/visa/immigrants/types/types_1323.html)
There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
meridiani.planum
06-29 03:27 PM
inline...
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
smiledentist
06-22 12:47 AM
You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.
Desichakit
07-22 09:29 AM
You are correct Pappu. I totally agree with you.