Canadian_Dream
07-25 02:02 PM
IMO: That's the best option to pursue in this situation. Make sure you clearly mention in both I-140/I-485 applications that you have a pending I-140/I-485 (with Receipt Numbers etc). Also send a small write-up along with all the applications explaining the situation and reason for the second filing.
I would file a separate I-485 and I-140 for this other LC. Experts, what say?
I would file a separate I-485 and I-140 for this other LC. Experts, what say?
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wanna_immigrate
05-24 10:19 AM
Can we delete this thread ?
hazishak
07-05 09:49 PM
At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.
There is no way USCIS can accept July applications. They said there is no visa available for FY-2007. Now how they will accept more applications? Basis on what? If they accept applications that means they had enough visa available but they did not want to process in which case the a law suit is imminent.
There is no way USCIS can accept July applications. They said there is no visa available for FY-2007. Now how they will accept more applications? Basis on what? If they accept applications that means they had enough visa available but they did not want to process in which case the a law suit is imminent.
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Refugee_New
06-13 10:25 AM
Sorry to hear your situation. Not yet got GC ,inspite of your PD is current ..... consult senators and congraswoman Lofgren.
BTW sorry to ask ,why your login id Refugee... You are not REFUGEE, you are highly skilled professional , paying heavy tax ....
Yo are very true. But unfortunately we are GC hostages.
Anyway i will contact local senator and congresswoman now
BTW sorry to ask ,why your login id Refugee... You are not REFUGEE, you are highly skilled professional , paying heavy tax ....
Yo are very true. But unfortunately we are GC hostages.
Anyway i will contact local senator and congresswoman now
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sam2006
09-17 05:05 PM
nice job chandu garu
keep it up :)
keep it up :)
nhfirefighter13
November 21st, 2005, 03:46 PM
#2 is my favorite.
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gbof
05-01 07:42 AM
One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
most likely, they are talking abt EAD.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
most likely, they are talking abt EAD.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
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beautifulMind
05-03 07:10 AM
beautifulMind - does your new I-140 have old priority date from EB3?
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
Don't tell the world that you r a linebreaker
My line was broken twice before by fate. I have been here for 11 years now have a masters and worked for the same company from 8 years. lawyer screwed up filing in eb3 first when it should have always been eb2 so we refiled again....and once before I lost priority date for another reason. Anyways i am happy to be in EB2 with a priority date for Jan 2007
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
Don't tell the world that you r a linebreaker
My line was broken twice before by fate. I have been here for 11 years now have a masters and worked for the same company from 8 years. lawyer screwed up filing in eb3 first when it should have always been eb2 so we refiled again....and once before I lost priority date for another reason. Anyways i am happy to be in EB2 with a priority date for Jan 2007
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CareerHit
10-15 12:01 AM
Wow .. I did not know that this was a grey area :)
Amazing .. no one doing this?
I have a friend who does this, but he hasn't consulted a lawyer :).
Anyone who has spoken to a lawyer?
Amazing .. no one doing this?
I have a friend who does this, but he hasn't consulted a lawyer :).
Anyone who has spoken to a lawyer?
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MrDesi
02-07 09:47 AM
Hi Friends
May be it is repeated and simple question, but some how critical to me.
Experts, Please help me in addressing this,
BackGround:
A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.
B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.
C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.
Questions:
1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
Please share your experiences if any and possible questions during interview.
2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?
3) Do volunterily mention about the 485 pending or officer might ask ?
Thanks a Lot.
May be it is repeated and simple question, but some how critical to me.
Experts, Please help me in addressing this,
BackGround:
A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.
B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.
C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.
Questions:
1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
Please share your experiences if any and possible questions during interview.
2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?
3) Do volunterily mention about the 485 pending or officer might ask ?
Thanks a Lot.
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minimalist
08-10 11:40 AM
Is it the employer's responsibility to consider in which Green Card Category the employee will fall in future before puts ad.?
Bachelor degree would be enough to do the job if EB3 has a PD around 2005/2006/Current.
Just because the PD is before 2005, doesn't mean the job needs masters degree. The job responsibilities will remain the same. The person doing the job would have acquired the necessary experience to carry out a job that falls in EB2.
Also, not everybody qualified for EB2 may be able to find a job that is in EB2. That's a different story .
----
EB3I - May 2006
Contributed 100$
Bachelor degree would be enough to do the job if EB3 has a PD around 2005/2006/Current.
Just because the PD is before 2005, doesn't mean the job needs masters degree. The job responsibilities will remain the same. The person doing the job would have acquired the necessary experience to carry out a job that falls in EB2.
Also, not everybody qualified for EB2 may be able to find a job that is in EB2. That's a different story .
----
EB3I - May 2006
Contributed 100$
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Bush
02-21 12:38 PM
S. 9: Comprehensive Immigration Reform Act of 2007 Introduced 01/04/2007
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
more...
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gotgc?
08-13 11:15 AM
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
Hi ,
thanks for your quick response...I understand that one LC cannot produce 2 GC..when you say uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006, is it possible? I am really worried about my AOS...how can I verify that my I-485 is replaced with my original I-140? would infopass apponitment help?
Because, since the decision has not yet come on my pending LC Sub I-140, am worried in future, it might be rejected and hence the I-485 as well be rejected....
Hi ,
thanks for your quick response...I understand that one LC cannot produce 2 GC..when you say uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006, is it possible? I am really worried about my AOS...how can I verify that my I-485 is replaced with my original I-140? would infopass apponitment help?
Because, since the decision has not yet come on my pending LC Sub I-140, am worried in future, it might be rejected and hence the I-485 as well be rejected....
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Dhundhun
06-12 06:59 PM
... pre adjudicated and other than NC everything looks good.
I think, pre-adjudicated means every thing ready and waiting for Visa Number, so you need not worry - Whether EAD/AP renewal bothering you?
Within four months of processing time passing the RD, case is pre-adjudicated - I mean, when they were trying to give you GC, DOS did not reply with your Green Card Number (exhausted). I think USCIS is not delaying your case. If I were you, I would wait.
However many of us recommended to followup aggressively at various levels. It is up to you.
I think, pre-adjudicated means every thing ready and waiting for Visa Number, so you need not worry - Whether EAD/AP renewal bothering you?
Within four months of processing time passing the RD, case is pre-adjudicated - I mean, when they were trying to give you GC, DOS did not reply with your Green Card Number (exhausted). I think USCIS is not delaying your case. If I were you, I would wait.
However many of us recommended to followup aggressively at various levels. It is up to you.
more...
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sgX05
02-18 06:08 PM
I don't know what triggers these changes, I have seen my last updated date changed today as well. The letter I got from NSC also said the same thing as yours, that the case is now at TSC.
I think you have to just wait and let USCIS do its thing. Not sure calling them will help as the priority dates are not current .
I think you have to just wait and let USCIS do its thing. Not sure calling them will help as the priority dates are not current .
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desi3933
06-21 05:37 PM
I am a dentist in state of CA,and filed for EB2 green card.In April 2006 applied for my PERM from MD Dental, a dental group with 5 offices and about 30 employs and owned by 2 partners.Also in April 2006 they applied for my H1b visa.Further PERM and H1b both were approved and in may 2006 I filed for I-140 from the same company.I-140 had a RFE but was approved in Feb 2007.Meanwhile in Oct 2006 both partners had a is understanding and they split the company into 2 companies with one partner getting 2 offices and the other partner getting 3 offices.Originally my perm was filed from the MD dental Van-Nuys office, which was given to partner A who then told me to file for a new H1b as tax ID number for the employer has changed but my job location would not change. I filed for a new H1 visa from partner A which was also approved and started to work for him till Feb 2007.
In feb 2007 I found a new job again as a dentist with a different company and moved to that company.I am still in good contact with both partner A and partner B of the old company.
My question is if I could file for I485 from MD dental which is already split with
approved I140, or I could file it from partner A or partner B`s new company showing either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer.
Please advice.
May be you need to amend I-140. Please consult a good attorney/lawyer.
Not a legal advice.
In feb 2007 I found a new job again as a dentist with a different company and moved to that company.I am still in good contact with both partner A and partner B of the old company.
My question is if I could file for I485 from MD dental which is already split with
approved I140, or I could file it from partner A or partner B`s new company showing either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer.
Please advice.
May be you need to amend I-140. Please consult a good attorney/lawyer.
Not a legal advice.
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gc_chahiye
08-29 05:10 AM
Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
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GCBy3000
09-09 08:49 AM
Add you have to be logged in message somewhere in the top. Many members does not know that they have to be logged in to participate in the poll.
Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.
Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.
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ita
11-07 02:33 PM
I moved last week but told my roommate to accept this mail that I was expecting from Immigration.
I guess she removed my name from the mail box.
Today I went online to check the status on my EAD and the status says the card we returned as undelivered and they asked me to call customer service to update address.
I'm planning to go online and get my address changed .
Should I also call them to inform about the address change?
Is there any other way I can get my EAD card rather than wait till I update my address?
Can I change my address over the weekend? If I have to call them after changing the address online will the customer service be available over the weekend ?
Thank you.
I guess she removed my name from the mail box.
Today I went online to check the status on my EAD and the status says the card we returned as undelivered and they asked me to call customer service to update address.
I'm planning to go online and get my address changed .
Should I also call them to inform about the address change?
Is there any other way I can get my EAD card rather than wait till I update my address?
Can I change my address over the weekend? If I have to call them after changing the address online will the customer service be available over the weekend ?
Thank you.
chanduv23
11-07 12:52 PM
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adiboss007
04-16 01:29 PM
Dear Friends:
I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:
(a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?
Please advise, and that would be so appreciated. Regards.
read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :
http://murthy.com/mb_pdf/032108_P.html
-a
I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:
(a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?
Please advise, and that would be so appreciated. Regards.
read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :
http://murthy.com/mb_pdf/032108_P.html
-a
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