gene77
10-19 01:54 PM
My case is exactly like yours ....
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
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sac-r-ten
05-07 12:29 PM
Sorry to hear that buddy. I am all for getting this fixed. It's getting worst. Pappu n other core/senior, can we do something to get this cleared so that ppl can peacefully go to their home countries for vacation/family emergencies w/o worrying about the stamping....
Good luck @cobra, I hope they clear you after (redundant) verification.
Good luck @cobra, I hope they clear you after (redundant) verification.
laborchic
09-18 10:21 PM
Guys...
DC Rally was a HUGE HUGE SUCCESS..
I alongwith a group of 25 people just came back from the rally and we were glad to be there..
IV CORE absolutely rocks...
Details tomorrow..
DC Rally was a HUGE HUGE SUCCESS..
I alongwith a group of 25 people just came back from the rally and we were glad to be there..
IV CORE absolutely rocks...
Details tomorrow..
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GCplease
06-07 05:15 PM
Hi,
am e-filing my EAD renewal and I have a couple of questions.
I used Advance Parole to re-enter US. I do not maintain my H1B status. I am on EAD.
Manner of Last Entry - Is it PAR: PAROLEE
Current Immigration Status - Is it PAR: PAROLEE
People who have e-filed in the past, please let me know.
Thanks in Advance.
am e-filing my EAD renewal and I have a couple of questions.
I used Advance Parole to re-enter US. I do not maintain my H1B status. I am on EAD.
Manner of Last Entry - Is it PAR: PAROLEE
Current Immigration Status - Is it PAR: PAROLEE
People who have e-filed in the past, please let me know.
Thanks in Advance.
more...
pd_recapturing
03-04 08:12 AM
I have read about some cases where ppl who had one of the PDs current, tried very aggresively and got their 485 approved. I have not seen many cases though. Everytime I research on interfiling, I always find those couple of cases so in my opinin, interfiling is not very common. Its a unknown territory as its not a paid service from USCIS.
eagerr2i
07-10 01:10 AM
The aim of participation on these talk shows is two fold- One to increase the awareness amongst the general masses regarding the problems being faced by legals as the masses are mostly ignorant about out situation. Secondly, for people who are waiting for their GC's and could be potentail members of Immigration Voice for them to join the organization. It has been proven time and again that there is strength in numbers and also the organization needs resources from it's members.
It is a logistical challange to put a program like this together with the host and the panel and IV did a good job at it with knowledgebile authorities like Stuart coming out strongly supporting our cause. Every one felt that the moderation could have been better. It is the skill of Larry King or Neil Conan of NPR that sets them apart but some times there are moderators who are very knowledgible, not necessarily on every issue but are challenged becuase of their heavy accent and other reasons.
One of the posts questioned about the publicity stunt of having a senator on the program. I am not sure if every one realizes the amount of ground work that has to be done to make that happen and must I say that all the efforts were made to get them but it did not work out finally in the end because of issues with timing.
Over all, in my opinion, it was a good program and served IV's agenda.
It is a logistical challange to put a program like this together with the host and the panel and IV did a good job at it with knowledgebile authorities like Stuart coming out strongly supporting our cause. Every one felt that the moderation could have been better. It is the skill of Larry King or Neil Conan of NPR that sets them apart but some times there are moderators who are very knowledgible, not necessarily on every issue but are challenged becuase of their heavy accent and other reasons.
One of the posts questioned about the publicity stunt of having a senator on the program. I am not sure if every one realizes the amount of ground work that has to be done to make that happen and must I say that all the efforts were made to get them but it did not work out finally in the end because of issues with timing.
Over all, in my opinion, it was a good program and served IV's agenda.
more...
Law Loving Alien
09-29 12:06 PM
Wata,
If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....
Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.
Thanks,
Law Loving Alien
If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....
Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.
Thanks,
Law Loving Alien
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reddog
04-17 10:39 AM
Just want to share the info that I have received the Permanent residency approval notice Y'day.
Have been here in us for more than 10 years. No more h1b renewals/ stamping, DL renewal issues/ EAD issues etc etc.
congrats bhatt.
Have been here in us for more than 10 years. No more h1b renewals/ stamping, DL renewal issues/ EAD issues etc etc.
congrats bhatt.
more...
ntpatil
11-10 04:15 PM
LostInGCProcess,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
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HV000
03-06 06:34 PM
For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.
You are in much better shape with >180 days in AOS. Can work in EAD if needed.
Don't worry.
Thanks grupak! I was able to use PTO with my employer..
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
You are in much better shape with >180 days in AOS. Can work in EAD if needed.
Don't worry.
Thanks grupak! I was able to use PTO with my employer..
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
more...
gcdreamer05
01-06 03:32 PM
hey i want to know too how to do it, my wife does not have ssn and hence i did not get even a penny back last yr, so this yr should i file as single and then when will i get stimulus back ? and how to amend to joint...
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raj2fly4
07-12 03:43 PM
RFE is about company asking about the company payrolls, number of employees, Taxes filed for the last 3 years, Company location, my company to client relation etc etc.
more...
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slns
04-11 10:43 PM
don't quite get your question but you may find it in the tracker here...by comparing it to the visa bulletins
http://immigrationvoice.org/tracker/tracker.php?view=2
Sorry for confusion
Here is the correct question
Once your case is current in Nebraska or Texas, then how long it will take to process the application
Example
Right now i am current on EB3 from Nebraska, when should i expect my application processed to get my GC. Pls post your reply
Thanks
slns
http://immigrationvoice.org/tracker/tracker.php?view=2
Sorry for confusion
Here is the correct question
Once your case is current in Nebraska or Texas, then how long it will take to process the application
Example
Right now i am current on EB3 from Nebraska, when should i expect my application processed to get my GC. Pls post your reply
Thanks
slns
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Pagal
03-22 09:51 AM
Hello,
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
more...
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amsgc
07-05 09:03 AM
Done digging - also dig the comments while you are there.
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
Ams
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
Ams
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garybanz
10-18 10:48 AM
You can schedule an infopass appointment and get your GC stamped on your passport, the GC stamp is valid for 1 year.
more...
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virens
05-24 12:55 PM
Done
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Naruto
10-05 07:15 PM
Is there a relation between immigration process (485) and IRS?
If a person owe money to IRS , does he/she have a problem with his/her immigration process? I'm not talking fraud ....! I'm talking owing taxes to IRS
The reason i'm asking is because some lawyer do ask for W2 forms, some do not. That means there is a relationship between immigration and IRS.I just have no idea how it works.
Thanks
If a person owe money to IRS , does he/she have a problem with his/her immigration process? I'm not talking fraud ....! I'm talking owing taxes to IRS
The reason i'm asking is because some lawyer do ask for W2 forms, some do not. That means there is a relationship between immigration and IRS.I just have no idea how it works.
Thanks
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dentist1
05-12 03:02 PM
Good review of previous performance.
What could be different this year compared to previous years are
1) DOS seems to make sure no visas are wasted and so may not want to wait for the last 2 months of the fiscal year.
2) More cases are pre-adjudicated which makes it easier for them to initiate the fall-across/fall-down in July than wait for August.
3) DOS has been good at not retrogressing the the visa dates further back in the last few months. They either stay where they are or move forward. But not back. This indicates that they are paying more attention and not randomly opening up visas. This means they want to issue visas by priority dates which would need proper planning (to make sure nothing gets wasted)
All these above factors may influence them to open up in July than August. Again, these are my gut feel.
Thanks for the information Vin, my question to you is where do you see the dates for EB2 India in July 2010?
Thanks again.
What could be different this year compared to previous years are
1) DOS seems to make sure no visas are wasted and so may not want to wait for the last 2 months of the fiscal year.
2) More cases are pre-adjudicated which makes it easier for them to initiate the fall-across/fall-down in July than wait for August.
3) DOS has been good at not retrogressing the the visa dates further back in the last few months. They either stay where they are or move forward. But not back. This indicates that they are paying more attention and not randomly opening up visas. This means they want to issue visas by priority dates which would need proper planning (to make sure nothing gets wasted)
All these above factors may influence them to open up in July than August. Again, these are my gut feel.
Thanks for the information Vin, my question to you is where do you see the dates for EB2 India in July 2010?
Thanks again.
vin13
09-22 11:38 AM
we have tried our best and still trying....Now i have come to peace thinking that it is all fate.....it doesnt matter how much hard work you did...all it matters is fate
kumar1
10-16 08:39 PM
bump