Ramba
08-13 10:55 AM
Hi All,
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
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.
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
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.
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saxx
01-11 08:23 AM
Thats ****ing amazing dude.
coolgc
05-08 02:54 PM
Thank you, Ms. Reddy for your prompt reply.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
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mattresscoil
11-05 01:03 PM
Fellow IVians:
Background:
We are one EAD/AP. (may not matter in this scenario but still mentioning)
My daughter is a US born Citizen and she is under 2 years old with a valid Indian VISA.
She has been living in India with her Grand Parents for the past one year.
She will be travelling to the US accompanied by her uncle & Aunt who are returning to USA at the end of their vacation.
Question:
Since both parents are not accompanying the infant is there some documentation needed?
Has anyone done this before? Can you please post your experiences and suggestions?
I will be preparing a notarized letter of consent along with her Birth Certificate...is there anything else?
Any information will be sincerely appreciated
Thanks, Mattresscoil!!
Background:
We are one EAD/AP. (may not matter in this scenario but still mentioning)
My daughter is a US born Citizen and she is under 2 years old with a valid Indian VISA.
She has been living in India with her Grand Parents for the past one year.
She will be travelling to the US accompanied by her uncle & Aunt who are returning to USA at the end of their vacation.
Question:
Since both parents are not accompanying the infant is there some documentation needed?
Has anyone done this before? Can you please post your experiences and suggestions?
I will be preparing a notarized letter of consent along with her Birth Certificate...is there anything else?
Any information will be sincerely appreciated
Thanks, Mattresscoil!!
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geniousatwork
04-13 03:26 PM
Congratulations....Hope we have more approvals.
noida123
03-14 01:43 PM
Indian Banks are not obligated to report interest Income and send a 1099 as they are not bound by US Laws. Citi sends it since it is a US Bank
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KKtexas
07-28 11:32 AM
Is there a maximum limit for duration one can stay away from USA and come back on Advance Parole ?
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payur
07-10 09:45 PM
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
I DO NOT AGREE, MY COLLEGUE'S WAS RECEIPTED IN NSC, HIS LAST NAME STARTS WITH G.
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
I DO NOT AGREE, MY COLLEGUE'S WAS RECEIPTED IN NSC, HIS LAST NAME STARTS WITH G.
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techskill
01-10 05:29 PM
does anyone have an answer
I read somewhere that you should have $5000 minimum in the your account.
I read somewhere that you should have $5000 minimum in the your account.
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GCard_Dream
09-10 12:54 PM
The only difference is reasons for Earthquakes and Shooting stars can be logically and scientifically explained but there is absolutely no logical explanation for USCIS's actions. Big difference. God help us all. :( :confused:
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
more...
file485
07-09 08:36 AM
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
This happened in early 2007.
______________________
Not a legal advice
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
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ram_nara303
05-12 03:09 PM
I travelled through FRA last year to be precise. Never had a H1-B1 stamping on my passport. Used my AP. Sent email to german consulate prior to travel to check for transit visa. They responded that there is no need to have transit visa unless you are going out of the airport to visit(Schengen visa). So you should be good to go on AP.
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willgetgc2005
03-30 06:07 PM
Anandrajesh,
Congrats and great job. However, I disagree with the salary part you
mentioned in your interview. You had mentioned that the salary used to
be 1/10 or even 1/20 of the US salary when you moved back to India. Do you
think this is correct ? I dont think that is a correct ratio
At times, unconsciously, we exagerate how bad it is in India while it is not.
Just my 2 cents. Again, this is not to find fault. Great job.
-------------------------------------
I was interviewed by National Public Radio(NPR) recently abt the whole immigration stuff. This can be heard on the following link
http://marketplace.publicradio.org/shows/2006/03/09/PM200603098.html
My 2 cents worth of thought, that has reached the National Audience. Getting Media Attention is pretty important with this fight.
Congrats and great job. However, I disagree with the salary part you
mentioned in your interview. You had mentioned that the salary used to
be 1/10 or even 1/20 of the US salary when you moved back to India. Do you
think this is correct ? I dont think that is a correct ratio
At times, unconsciously, we exagerate how bad it is in India while it is not.
Just my 2 cents. Again, this is not to find fault. Great job.
-------------------------------------
I was interviewed by National Public Radio(NPR) recently abt the whole immigration stuff. This can be heard on the following link
http://marketplace.publicradio.org/shows/2006/03/09/PM200603098.html
My 2 cents worth of thought, that has reached the National Audience. Getting Media Attention is pretty important with this fight.
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sunil0617
06-17 05:26 PM
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
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sgX05
02-12 01:53 AM
Another interesting thing is that the status on both 485s went from Request For Evidence to Initial Review. Had got and responded to RFEs on the 485s back in 2008.
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kirupa
04-11 08:05 PM
I really like the new ones you did! I'll add up many of the new stamps from you and others in a few hours :)
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bfadlia
03-18 09:37 AM
thanks everyone for their suggestions.I know the clock is ticking and I am gonna decide today itself. I have all documents prepared from last year and I missed the quota.
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
I did. And I think they were proficient and fast.
They sent me forms and a list of the documents they needed, i mailed to them and it was done in a few days.
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
I did. And I think they were proficient and fast.
They sent me forms and a list of the documents they needed, i mailed to them and it was done in a few days.
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gcwait2007
10-21 12:13 PM
I had submitted I-131 document along with I-485 & 765 on 8/1 and received the receipt notices already from TSC.
I had received my EAD card on 10/10 and Biometrics is scheduled on 11/13.
I have booked my travel tickets for treveling to India on 01/04/2008.
What should I do now, to get AP (I-131) approved?
Thanks in advance
I had received my EAD card on 10/10 and Biometrics is scheduled on 11/13.
I have booked my travel tickets for treveling to India on 01/04/2008.
What should I do now, to get AP (I-131) approved?
Thanks in advance
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iwantmygreen
08-06 06:27 PM
Besides LUD on my approved I-140 on 7/13/08 (approved in 2/06), there were LUDS on H1B(approved 3/03, extended 9/05) on 6/28/08 and LUDs on I-485 (filed on 07/02/07) dt 5/23, 6/18, 6/25/08. Anybody seen recent LUDs on I-140+I485+I-129 BTW my pd is 10/05, EB2i Still waiting for magic mail. May lady luck smile on us. I have LUD on 140 for 7-13, on 485 application for 08-04
Canadianindian
07-22 06:34 PM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
Humhongekamyab
07-22 10:19 AM
I agree with Pappu. I am with you.
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