stuckinretro
09-04 10:52 AM
This is confusing. What is the source of this post?
1). It says there can be another 485 that can be filed for the new EB2 labor. Looks like a safer option.
2). It also says the dates have to be current to interfile. Needs lot of clarification to this post.
This is what I found in another thread:
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
• 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 nex I-140 petition.
• According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
1). It says there can be another 485 that can be filed for the new EB2 labor. Looks like a safer option.
2). It also says the dates have to be current to interfile. Needs lot of clarification to this post.
This is what I found in another thread:
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
• 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 nex I-140 petition.
• According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
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dionysus
01-28 08:31 PM
I just applied for a PIO card for my daughter. I did not even know that there was any other option available.
cooldude0807
06-02 09:04 AM
I have a lawyer who is representing me..so he got the RFE & he fowarded it to me. In your case i would just call USCIS and check to see if you will recieve RFE's since you don't have a lawyer representing you.
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rolrblade
07-20 01:33 PM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
All :
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
All :
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
more...
nousername
02-24 07:23 PM
It clearly says "evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience."
The above person is called a professor.
USCIS wants to know from a professor whether the job profile really needs the degree's you have i.e. is that a good match?
I'm an analyst myself and was asked if MBA is relevant to what the job is. Any educated person can answer that question but USCIS wanted a letter from some professor. If you attorney can not do it then approach your old professors and tell them that you need a letter stating that the job profile you have requires the degree which you also have.. Makes sense??? More like a recommendation letter without actually stating your name.
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
The above person is called a professor.
USCIS wants to know from a professor whether the job profile really needs the degree's you have i.e. is that a good match?
I'm an analyst myself and was asked if MBA is relevant to what the job is. Any educated person can answer that question but USCIS wanted a letter from some professor. If you attorney can not do it then approach your old professors and tell them that you need a letter stating that the job profile you have requires the degree which you also have.. Makes sense??? More like a recommendation letter without actually stating your name.
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
vikki76
08-28 11:52 AM
Even I don't have donor access so far.
more...
Beemar
11-05 11:34 PM
You should be having a copy of your approval notice of your I-140. Your lawyer must be having the original copy of this approval notice. Take an info pass appointment, take this I-140 notice copy with you and ask them what exactly is the matter.
My guess is actually same as your HR/attorney. It most likely is a system issue. I have seen the LUD on many of my open petitions actually going back in past! CIS sure has some cheap and clueless programmers at their offices.
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
My guess is actually same as your HR/attorney. It most likely is a system issue. I have seen the LUD on many of my open petitions actually going back in past! CIS sure has some cheap and clueless programmers at their offices.
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
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godbless
07-18 07:55 PM
My I 140 alone was applied on July12th as we did not know anything about the revision that time.
I did not recieve the receipt notice yet and I called USCIS and they dont have a record of my entry yet.
Mine was a labor substitution with my current company itself. My current company is a multi billion dollar US firm and they go by the rules, so I am not worried about my I 140 approval.
Since my I 140 was applied based on a labor subsitution, and if my I 140 receipt comes in August ( lets say august 10th), would I still be considered in the July bulletin ?
Thanks a lot for the reply,
Sam
You don't need to wait till the approval of your I 140 or the reciept notice. You are eligible to file I 485 right away. The attornys know how to do it. So don't waste time and send your I 485 in ASAP.
I did not recieve the receipt notice yet and I called USCIS and they dont have a record of my entry yet.
Mine was a labor substitution with my current company itself. My current company is a multi billion dollar US firm and they go by the rules, so I am not worried about my I 140 approval.
Since my I 140 was applied based on a labor subsitution, and if my I 140 receipt comes in August ( lets say august 10th), would I still be considered in the July bulletin ?
Thanks a lot for the reply,
Sam
You don't need to wait till the approval of your I 140 or the reciept notice. You are eligible to file I 485 right away. The attornys know how to do it. So don't waste time and send your I 485 in ASAP.
more...
the_jaguar
03-25 01:48 PM
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
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lost_in_gc_land
01-24 01:46 PM
Hi
Am in the same situation, 221(g) yellow form Mumbai since mid-November. Still in India awaiting further indication from the consulate. Have had lawyers call DOS, have called the consulate a few times but the response is standard - awaiting feedback from Washington, no way to expedite.
Sucks...sorry you have to go through this too. Feel free to pm me if you like
Am in the same situation, 221(g) yellow form Mumbai since mid-November. Still in India awaiting further indication from the consulate. Have had lawyers call DOS, have called the consulate a few times but the response is standard - awaiting feedback from Washington, no way to expedite.
Sucks...sorry you have to go through this too. Feel free to pm me if you like
more...
Ennada
01-13 10:21 AM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
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skark
02-24 02:35 PM
I thought someone here said that if your spouse got a new SSN via EAD and files tax jointly with this new SSN then one cannot efile and needs to paper file it. It appears that TaxCut is allowing one to eFile in this circumstance. Anyone else done it?
more...
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trueguy
08-08 05:53 PM
Guys,
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
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Macaca
02-06 06:43 PM
How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
more...
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unit
09-16 03:57 PM
I am also in a similar situation, and have the same question.
Any one with answers?
Any one with answers?
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a_yaja
07-25 01:41 PM
dont confuse dated dob cert with the registration date...as long as the dob cert has the registraation date within 3 years or less, i believe, then u r ok...
It should be one year or less. That is what my lawyer told me. If the registration date is more than one year after birth, then an affidavit is required.
It should be one year or less. That is what my lawyer told me. If the registration date is more than one year after birth, then an affidavit is required.
more...
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techskill
01-29 05:48 PM
Class of Admission: H1B
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month
Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.
Hope that helps.
What will be the answer for the class of admission if the spouse of the person entered US on H4 and subsequently changed the status to H1?
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month
Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.
Hope that helps.
What will be the answer for the class of admission if the spouse of the person entered US on H4 and subsequently changed the status to H1?
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Lasantha
10-06 07:48 AM
same here,
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
That's what I'm talking about ! :cool:
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
That's what I'm talking about ! :cool:
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logiclife
02-01 06:40 PM
It doesnt matter who the President is, on issues of legal skilled immigration.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
bharmohan
07-23 10:56 PM
Hello,
I have appeared at Delhi embassy for stamping. I got 7 years experience in US. I am working for Company A, through vendor B, client C.
VO: How many employees your company has?.
Me: XXX (Based on H1 data information in I-129).
VO: Do you have client letter with you?.
Me: I showed it.
VO: Do you have a contract between your employer and client?.
Me: I said there is a vendor between, as soon as I told he has given 221G green. I was trying to give letter from Vendor B and contract letters, but VO said I think you have all the documents but take your tme and submit all at the other window.
VO ticked the I-797, I-129 and Clinet letters, itinarary & contracts.
I just submitted all the documents including all the contract letters at the same time. I am just cross-fingered.
Any idea how long it took?. Is this called a AAO or administration processing?.
I have appeared at Delhi embassy for stamping. I got 7 years experience in US. I am working for Company A, through vendor B, client C.
VO: How many employees your company has?.
Me: XXX (Based on H1 data information in I-129).
VO: Do you have client letter with you?.
Me: I showed it.
VO: Do you have a contract between your employer and client?.
Me: I said there is a vendor between, as soon as I told he has given 221G green. I was trying to give letter from Vendor B and contract letters, but VO said I think you have all the documents but take your tme and submit all at the other window.
VO ticked the I-797, I-129 and Clinet letters, itinarary & contracts.
I just submitted all the documents including all the contract letters at the same time. I am just cross-fingered.
Any idea how long it took?. Is this called a AAO or administration processing?.
kaisersose
07-31 06:00 PM
The Family GC option is only available to unmarried children. Now I do not know how this applies to your mother, but even if she can change her status to something else, it may impact your status assuming you are in the US now.
Anyway, it appears we have hardly any details of your case. Best to consult an attorney.
Anyway, it appears we have hardly any details of your case. Best to consult an attorney.
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