sieger007
05-27 02:07 AM
Hi krishnam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
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dkupadhyay
11-24 11:59 AM
Thanks for your response.
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
txuser
03-12 06:27 AM
You need to go to https://efiling.uscis.dhs.gov/efile/ and create an account for e-filing your petition.
I-539 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I-765 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
When you actually do the e-filing, the system will ask you if you want to file I-765 concurrently. You should say yes it will prompt you with the details for filing I-765.
I-539 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I-765 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
When you actually do the e-filing, the system will ask you if you want to file I-765 concurrently. You should say yes it will prompt you with the details for filing I-765.
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itstimenow
08-08 12:12 AM
hey Ration_Card - if u don't mind.. let's talk in private - just wanted to see and check few things on my side. Hope it's not a problem to you? where are you located? let me know.
more...
SGP
12-09 02:15 PM
Good to see at least some movement in EB3-I
sk.aggarwal
03-24 11:36 AM
My 6 years + recapture time will end in April/May 2011. I am just frustrated with the process.
more...
psadhale
08-04 10:12 AM
I have the same problem. I have submitted EAD renewal form online on 07/01/08 for myself & my wife. We received the payment receipt but never received FP notice. My EAD is expiring on Sept 20.
Does anyone know how to tackle this?
I called USCIS twice but their answers are laways vague. They asked me to wait additional 45 days & also told me I can't work if I don't get the new card.
Does anyone know how to tackle this?
I called USCIS twice but their answers are laways vague. They asked me to wait additional 45 days & also told me I can't work if I don't get the new card.
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puskeygadha
06-02 09:11 PM
there is no 10,000 source but i heard people say that..
are you also their client..are you audited..my audit is on business
necessity and recruitment..
does this mean we are screwed...or will they do something..they are
big law firm..why would we suffer when one lawyer in the big firm makes
stupid mistake
are you also their client..are you audited..my audit is on business
necessity and recruitment..
does this mean we are screwed...or will they do something..they are
big law firm..why would we suffer when one lawyer in the big firm makes
stupid mistake
more...
saint_2010
09-10 06:43 AM
yes...really what might have happened that day?..
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coolfun
03-31 11:27 AM
^^^^
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isthereawayout
02-22 02:22 PM
forgerator - Can you please check your PM?
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hoolahoous
03-05 07:25 PM
usually employment based insurance cover pre-existing condition
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styrum
06-01 06:20 PM
Because the PDs are valid for the whole month I guess the date of filing should not matter it as long as it is before 30th June, I think.
Do you think it does affect us in some way?
I heard from a lawyer today that after the July bulletin gets published USCIS can easily (doesn't neccessarily mean they will) return those 485s for which PD turns out to be not current anymore if they were received after the July bulletin (and if priority dates retrogress again, of course)
Do you think it does affect us in some way?
I heard from a lawyer today that after the July bulletin gets published USCIS can easily (doesn't neccessarily mean they will) return those 485s for which PD turns out to be not current anymore if they were received after the July bulletin (and if priority dates retrogress again, of course)
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mali03
05-25 07:50 AM
Fax sent!
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rjgleason
October 25th, 2005, 04:26 PM
In and around SFO and maybe the outer area might be nice....definitely the Golden Gate at its best hours.
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karn.anand
11-04 01:06 AM
there is one more button i have posted that is not listed..
http://www.kirupa.com/forum/showthread.php?t=338103
http://www.kirupa.com/forum/showthread.php?t=338103
more...
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funny
09-16 04:54 PM
Plase make those Calls...
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SunnySurya
08-04 11:31 AM
Yep, how about a rally in front of Nebraska Service Center ;)
While it brought results to the frustrated person who took this extreme step, the question is, is it the most efficient way to get cases cleared?
While it brought results to the frustrated person who took this extreme step, the question is, is it the most efficient way to get cases cleared?
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cableching
08-14 08:23 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
desi485
10-11 01:26 PM
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
gsc999
07-15 08:23 PM
I know we have to do a lot of work to get coverage but I was just saddened at the behavior of the bigwigs. They know the news and yet chose not to report it.
---
- All the local Chinese newspaper carry this event on front page
- We were on local KTSF TV, thanks to help from our Chinese friends
- We were local KTVU 2 TV channel at prime time
- We have been covered by local print media like Mercury news
- We have interviewed with local radio stations
- We had reporter from Associated Press cover this event
- BusinessWeek wrote an article about us
Mind you this is Silicon valley not some countryside suburb in America.
I encourage you to collect these links and post them in the existing San Jose rally thread so people understand the real breath of media coverage that this rally actually received. Our volunteers are too exhausted from yesterday's event your help will be appreciated.
---
- All the local Chinese newspaper carry this event on front page
- We were on local KTSF TV, thanks to help from our Chinese friends
- We were local KTVU 2 TV channel at prime time
- We have been covered by local print media like Mercury news
- We have interviewed with local radio stations
- We had reporter from Associated Press cover this event
- BusinessWeek wrote an article about us
Mind you this is Silicon valley not some countryside suburb in America.
I encourage you to collect these links and post them in the existing San Jose rally thread so people understand the real breath of media coverage that this rally actually received. Our volunteers are too exhausted from yesterday's event your help will be appreciated.
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