sanbaj
05-05 03:26 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
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whattodo
07-19 04:45 PM
Desi, Do you have some .gov site that mentions this? These site are unreliable and I am sure USCIS will not entertain these as reply to any RFE.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
vullankib
06-01 02:44 PM
Done
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seratbabu
02-14 11:09 AM
I am also an NCS-CSC-NSC transfer. Got LUDs on 2/10 on my/my wife's application. I just got an email saying an RFE was sent just for my application.
Anyone else that got RFEs after getting LUDs at the beginning of Feb? What were the RFEs for?
-a
I got LUDs on 2/10 on both mine and my wife's 485. My wife got an RFE email on 02/13. I do not know what this means either...
Anyone else that got RFEs after getting LUDs at the beginning of Feb? What were the RFEs for?
-a
I got LUDs on 2/10 on both mine and my wife's 485. My wife got an RFE email on 02/13. I do not know what this means either...
more...
sheela
11-29 07:49 PM
Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos
ilikekilo
04-19 03:44 PM
I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
welcome to IV and thanks for your post. Please join our collective efforts starting with sending your lawyer an email to contact IV if they are interested for their banner display. Additionally you could consider contributing to IV, thus becoming a donor and get more updates as well and participate in our attempt to address burning issues we have that affect almost all immigrants like you and me.
any questions just ask someone might try answer...
also please take a moment to update your profile as well as that data will help us all
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
welcome to IV and thanks for your post. Please join our collective efforts starting with sending your lawyer an email to contact IV if they are interested for their banner display. Additionally you could consider contributing to IV, thus becoming a donor and get more updates as well and participate in our attempt to address burning issues we have that affect almost all immigrants like you and me.
any questions just ask someone might try answer...
also please take a moment to update your profile as well as that data will help us all
more...
snathan
02-11 12:17 AM
Please contribute
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
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mimine
11-03 11:17 AM
I'm getting my bag of M & M's and box of Kleenex tissues ready.
I actually stopped crying about it but I definitely think USCIS should send us Candy coupons to make up for the wait. :p
I actually stopped crying about it but I definitely think USCIS should send us Candy coupons to make up for the wait. :p
more...
jai_immigration
09-19 08:07 PM
Anna35,
So you only want results without any effort from you, you have not answered how you have helped us, did you attend the rally, or sponsor money. I took the opportunity and travelled and participate in the rally for a common cause. Look at your self and ask your self these questions, and see how you can change and help IV by contributing.
So you only want results without any effort from you, you have not answered how you have helped us, did you attend the rally, or sponsor money. I took the opportunity and travelled and participate in the rally for a common cause. Look at your self and ask your self these questions, and see how you can change and help IV by contributing.
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anilsal
07-06 10:35 PM
Guys, stop insulting each other. There is no need to add misery and amnesia on each other. I am sure we will all reach our destiny in the end. Just make the journey courteous and smooth.
more...
pappu
07-20 05:12 PM
Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...
Your employer should pay for H1 and H1 extension. If he is exploiting you, and you accept being exploited, then you should also share the blame for accepting this.
This forum has past posts where people have shared information on how to complain against such employers. One of the goals of IV is to generate awareness in employees so that employees can use their voice against injustice.
Accepting such 'exploitation' should not be tolerated and you must take action against such an employer. It is such employers that give a bad name to the entire H1B visa program and the whole community is blamed and made to suffer. Our bills face an uphill task because of this. Employees must complain so that they can help fix the H1B and green card system.
I hope you use your voice and take action against such employer. IV is against such exploitation and it must be reported to DOL and USCIS. If you have to go to court for it, you should consider it.
Your employer should pay for H1 and H1 extension. If he is exploiting you, and you accept being exploited, then you should also share the blame for accepting this.
This forum has past posts where people have shared information on how to complain against such employers. One of the goals of IV is to generate awareness in employees so that employees can use their voice against injustice.
Accepting such 'exploitation' should not be tolerated and you must take action against such an employer. It is such employers that give a bad name to the entire H1B visa program and the whole community is blamed and made to suffer. Our bills face an uphill task because of this. Employees must complain so that they can help fix the H1B and green card system.
I hope you use your voice and take action against such employer. IV is against such exploitation and it must be reported to DOL and USCIS. If you have to go to court for it, you should consider it.
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gcwant
08-31 06:21 PM
hi
i want to come and i am from franklin tennessee which is 30 miles from nashville tn is a bus ride from some where near to this place
thanks
i want to come and i am from franklin tennessee which is 30 miles from nashville tn is a bus ride from some where near to this place
thanks
more...
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maristella61
12-11 02:31 PM
everyone has to go thru namecheck process. Once during greencard process and once again during citizenship process. (if and when you apply for citizenship.)
To find out about namecheck, you can call USCIS and if you get an officer on the line (not the cust service representative ), then you can find out.
You can also find out about the status of your namecheck with infopass appointment. That will take up some of your time.
Thank you very much. I will follow up on that.
To find out about namecheck, you can call USCIS and if you get an officer on the line (not the cust service representative ), then you can find out.
You can also find out about the status of your namecheck with infopass appointment. That will take up some of your time.
Thank you very much. I will follow up on that.
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anilsal
10-30 03:21 PM
realized late that he had the expiry date wrong in his mind. So he has applied and it is > 100 days. They moved the already CPO date from Oct 10 to 29th, stating "lack of printable cards" (learned through info pass).
Imagine he is sitting at home, not working for > 3 months because he did not keep track of his expiry dates.
Because of one negligence, he is losing a lot of salary by not working. :(
The current EAD delays is certainly scary. Hope it is an exception not the norm.:mad:
Imagine he is sitting at home, not working for > 3 months because he did not keep track of his expiry dates.
Because of one negligence, he is losing a lot of salary by not working. :(
The current EAD delays is certainly scary. Hope it is an exception not the norm.:mad:
more...
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gc_check
08-01 10:25 AM
Folks,
Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.
The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )
One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)
Good luck guys - chat with you after another 29 days !!
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.
The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )
One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)
Good luck guys - chat with you after another 29 days !!
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
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santosh08872
07-22 04:25 PM
E-Filled on 06/23/08
Received receipts and FP.
FP 07/19/08
Status : Received and Pending
Received receipts and FP.
FP 07/19/08
Status : Received and Pending
more...
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chi_shark
02-12 01:35 PM
so for folks who are in the queue with USCIS in the states now (485 applied), can we change over to consular processing now?
Some hopes.........
http://immigration-information.com/forums/showthread.php?t=7168&page=2
Thanks
MDix
Some hopes.........
http://immigration-information.com/forums/showthread.php?t=7168&page=2
Thanks
MDix
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smsthss
07-19 10:01 AM
I meant to say let her take the immunizations in India.
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sathishkrish
11-26 05:01 PM
I don't think 15-20% drop in 5 years is speculative at least not in California. CNN Money actually predicts a 31% drop in prices in East Bay of SF Bay Area! This is probably the worst time to get into housing market, at least in CA.
But I agree with quality of life issue. Even the most luxurious apartment does not compare with a house. Having a backyard and a garage are the biggest and the best things that apartments do not have. Also, having your own house gives you a sense of belonging. Renting a house won't give you the same feeling. Also, I know more than one friend who used to rent a house but had to move out because the landlord decided to sell when the lease was over.
So apartment doesn't offer the same lifestyle and renting a home might make you move every few years involuntarily. Best thing to so for those in CA itching to live in a house would be to rent a house that the owner is very unlikely to attempt selling. Any ideas on how to determine what houses are actually just rental property and and not really targeted for sale?
How does someone know when is the right time to buy a home? Anytime is a good time to buy a home, as long as you can afford it. I thought the last few months were good time for buyers because of the inventory situation (more choices or otherwise you bid usually in CA) - I dont think anyone can predict the market situation in 5 years and no one makes money in 2 years in a good market condition as well. I bought it 2 months ago in East bay and I am planning to hold it for another five years atleast and both spouse and I work - it is certainly not an investment for us, rather a place that we live - it is a rare feeling one gets after living in exile (apartments) for many years - sigh of releif
But I agree with quality of life issue. Even the most luxurious apartment does not compare with a house. Having a backyard and a garage are the biggest and the best things that apartments do not have. Also, having your own house gives you a sense of belonging. Renting a house won't give you the same feeling. Also, I know more than one friend who used to rent a house but had to move out because the landlord decided to sell when the lease was over.
So apartment doesn't offer the same lifestyle and renting a home might make you move every few years involuntarily. Best thing to so for those in CA itching to live in a house would be to rent a house that the owner is very unlikely to attempt selling. Any ideas on how to determine what houses are actually just rental property and and not really targeted for sale?
How does someone know when is the right time to buy a home? Anytime is a good time to buy a home, as long as you can afford it. I thought the last few months were good time for buyers because of the inventory situation (more choices or otherwise you bid usually in CA) - I dont think anyone can predict the market situation in 5 years and no one makes money in 2 years in a good market condition as well. I bought it 2 months ago in East bay and I am planning to hold it for another five years atleast and both spouse and I work - it is certainly not an investment for us, rather a place that we live - it is a rare feeling one gets after living in exile (apartments) for many years - sigh of releif
styrum
12-19 03:30 PM
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
pd_recapturing
04-10 11:15 AM
Sanbaj, Is there any update regarding your case ?