Better_Days
10-19 09:43 PM
I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.
Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.
The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).
Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.
Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?
If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.
Any comment on any of the above questions will be highly appreciated.
Thanks for you time.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.
Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.
The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).
Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.
Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?
If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.
Any comment on any of the above questions will be highly appreciated.
Thanks for you time.
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kurtz_wolfgang
08-15 04:23 PM
First of all Thanks to GCGreen and WantGC. I really am grateful to both of you. Without any know-how I had to bite dust from others.
I have the copy of my labor and 140. So I am looking for a job that is similar to those responsibilities and have the same SOC code. Just that the tools would differ. But what I understood is that if the tools change it doesn't create any problem. I just need to take care of the SOC code and responsibilities.
Of course I will take help from a lawyer, but I just wanted that initial boost to start looking.
I have the copy of my labor and 140. So I am looking for a job that is similar to those responsibilities and have the same SOC code. Just that the tools would differ. But what I understood is that if the tools change it doesn't create any problem. I just need to take care of the SOC code and responsibilities.
Of course I will take help from a lawyer, but I just wanted that initial boost to start looking.
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03-09 05:32 PM
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GCard_Dream
06-18 04:42 PM
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
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b.rich
06-06 12:19 AM
take it all offff... is azzy tryin to seduce us?;D jk.... nice job sofar, very colorful.
varumo_varatho
11-08 10:43 AM
Speaking of my personal experience, Yes, you can get an emergency appointment as returning h1b's are eligible for such appointments. Just send an email directly to the consulate and request for emergency appointment stating that you have to return to your project. I have done it before
It is advisable to carry all the LCA's, just in case, though the VO might just look at the current one. I am sure you will be taking all the other docs required.
Best of luck
cheers !
It is advisable to carry all the LCA's, just in case, though the VO might just look at the current one. I am sure you will be taking all the other docs required.
Best of luck
cheers !
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bp333
07-26 10:57 AM
What was your Priority Date?
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rbharol
09-20 12:24 PM
Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.
Thanks in advance for your answer.
Answer from my Lawyer is No.
I tried to commercialize my website which you see in my signature. Plan was to sell
the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.
Thanks in advance for your answer.
Answer from my Lawyer is No.
I tried to commercialize my website which you see in my signature. Plan was to sell
the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.
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sledge_hammer
06-02 11:53 AM
It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
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belmontboy
11-17 02:19 AM
[source: http://www.jackson-hertogs.com/misc/permdesc.htm]
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.
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barath_india
07-17 03:50 PM
Actually it is the G28 form that you sign to give authorization for your lawyer to represent you. It is valid just the one time when they file the forms and not considered as for your life of your form/application.
This means, that in future all the corresponsence related to the form in case of I-485 will be forwarded to you aswell as your lawer/company immigration dept by USCIS. For example, if USCIS sends a FP notice, that both of you guys (You and Company lawer) will receive the copy.
Bharath
This means, that in future all the corresponsence related to the form in case of I-485 will be forwarded to you aswell as your lawer/company immigration dept by USCIS. For example, if USCIS sends a FP notice, that both of you guys (You and Company lawer) will receive the copy.
Bharath
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bbabu
05-16 01:36 AM
Hi Guys..
If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..
https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD
~BBabu
If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..
https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD
~BBabu
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indyanguy
11-14 10:38 AM
1. Is this because B is the "future" employer? In the usual scenario, if B were the current employer who responds to the RFE, can I switch to C within 6 months of joining B?
2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
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desi3933
06-25 10:38 AM
Here is the reply from my attorney
the CIS takes 90 days to issue the EAD cards; don’t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current
Read the bold part again. The condition that maintaining H4 status is not correct. Your spouse is running a business and using EAD and therefore, she is not in H4 status. This is the key difference.
One can't be in valid employment unless has valid EAD (or H-1B status). Unlike H-1B, filing an extension for EAD does not confer right to continue employment authorization while it is pending and current authorization is expired.
________________
Not a legal advice.
the CIS takes 90 days to issue the EAD cards; don’t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current
Read the bold part again. The condition that maintaining H4 status is not correct. Your spouse is running a business and using EAD and therefore, she is not in H4 status. This is the key difference.
One can't be in valid employment unless has valid EAD (or H-1B status). Unlike H-1B, filing an extension for EAD does not confer right to continue employment authorization while it is pending and current authorization is expired.
________________
Not a legal advice.
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amsgc
04-22 07:47 PM
Is there a document, from the DOL or USCIS, that explains what is a Metropolitan statistical area within which a labor is valid?
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
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pcs
05-31 11:06 AM
If all active 7000 members drop $10 in a single day, it will be $70K
I can not start any thread due to some funny problem on the computer or the site.
I do not know how fix this. Earlier, I could start a new thread. I hope, I am not blocked.
Can some one help with this
I can not start any thread due to some funny problem on the computer or the site.
I do not know how fix this. Earlier, I could start a new thread. I hope, I am not blocked.
Can some one help with this
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PALLO
04-22 12:05 PM
thanks again
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h1jail
08-08 09:29 PM
Hello,
I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.
I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.
Thanks!
I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.
I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.
Thanks!
xyz2005
10-23 02:43 PM
the problem is my company is not willing to give me any documents unless i loose my job. Also when you mentioned ASAP, do i have to get a job within # of days
any suggestions.
So many options:
a. switch over to a "similar" job with another company on transfered H1B to new company.
b. before getting laid off with current company, if you are on H1B and have unused EAD then you can switch to EAD by filing appropriate papers so that before termination you are on EAD and no more on H1B. Under this scenario, if u r laid off then you can look for a job (similar job to ur green card) and that might mean u can take some days to find one. See idea is when ur green card is being adjudicated you should be on same or similar job and you should be able to show salary and title and job responsibilities on new companies letter head. If you think your case is not going to be adjudicated soon ..that means you can change many jobs in between by using your EAD and only by when it comes to adjudication make sure you are with same and similar job.
Again check with knowledgeable attorney before acting. These are my 2 cents
best regards
any suggestions.
So many options:
a. switch over to a "similar" job with another company on transfered H1B to new company.
b. before getting laid off with current company, if you are on H1B and have unused EAD then you can switch to EAD by filing appropriate papers so that before termination you are on EAD and no more on H1B. Under this scenario, if u r laid off then you can look for a job (similar job to ur green card) and that might mean u can take some days to find one. See idea is when ur green card is being adjudicated you should be on same or similar job and you should be able to show salary and title and job responsibilities on new companies letter head. If you think your case is not going to be adjudicated soon ..that means you can change many jobs in between by using your EAD and only by when it comes to adjudication make sure you are with same and similar job.
Again check with knowledgeable attorney before acting. These are my 2 cents
best regards
chanduv23
11-15 10:19 AM
Still only 6 people have courage to speak out. What is running in your veins, water?
We may not be able make changes in the law now but we might be able to get some relief on restrictions, that does not allow law making.
Educate yourself or suffer...
I sent u a PM
We may not be able make changes in the law now but we might be able to get some relief on restrictions, that does not allow law making.
Educate yourself or suffer...
I sent u a PM
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