santb1975
02-15 01:38 PM
We have two more weeks for this campaign.
BUMP for our Dear friends and wishing for more participation
4 people confirmed for this event so far
BUMP for our Dear friends and wishing for more participation
4 people confirmed for this event so far
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bank_king2003
04-21 11:29 AM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
hiralal
09-30 10:11 PM
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
atleast they are doing something. I have not recd a RFE but I can understand the tension that a family undergoes because of RFE ..I don't understand your problems with AILA though ?? less RFE's mean less lawyers fees and it is high time that someone talks about the unprofessional USCIS
atleast they are doing something. I have not recd a RFE but I can understand the tension that a family undergoes because of RFE ..I don't understand your problems with AILA though ?? less RFE's mean less lawyers fees and it is high time that someone talks about the unprofessional USCIS
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delax
07-16 07:31 PM
I think IV did great today. BUT
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
Well said - The greatness of a person lies in the humility that goes with success.
I cant imagine the Mahatma thumping his chest with arrogant pride when India attained independence. So much for our committment to Gandhigiri that at the first sign of success - the daggers are out of the cloak.
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
Well said - The greatness of a person lies in the humility that goes with success.
I cant imagine the Mahatma thumping his chest with arrogant pride when India attained independence. So much for our committment to Gandhigiri that at the first sign of success - the daggers are out of the cloak.
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jonty_11
02-09 10:13 AM
I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
gcwanter
06-28 03:53 PM
SNaidu, Rajiv Khanna was on his way to your home, his car broke down so he could not deliver you this message. He needs a ride now. Please help him.
AS it is people are so stressed out attending medical appts 200 miles away from home. and being poked with vaccinations in all possible places..damn the body pain after DPT is miserable
also the details of the applications and the volatility of the way things may change ; ignoring the fact that everything is in the hands of your employer/lawyer.....
not to forget that the financial misery if you are filing for self + 2 dependents + lawyer fees is exceeding 5k...
why do you want open such nonsensical threads and raise the adrenalin...???
i wouldnt be surprised to be diagnosed with adrenalin tumor if this situation persists long...
AS it is people are so stressed out attending medical appts 200 miles away from home. and being poked with vaccinations in all possible places..damn the body pain after DPT is miserable
also the details of the applications and the volatility of the way things may change ; ignoring the fact that everything is in the hands of your employer/lawyer.....
not to forget that the financial misery if you are filing for self + 2 dependents + lawyer fees is exceeding 5k...
why do you want open such nonsensical threads and raise the adrenalin...???
i wouldnt be surprised to be diagnosed with adrenalin tumor if this situation persists long...
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logiclife
12-01 03:33 PM
The job description is the key. Titles dont matter. My official title at my company is "programmer level 3".( I am an Oracle programmer)
That doesnt mean anything to anyone OUTSIDE of my company. Does it mean that I am top-level programmer? or does it mean that I am 3rd level junior programmer?
But the JOB DESCRIPTION must be accurate.(As much as possible, there is a limit to how much 10 lines can do in describing your job).
As far as resume is concerned, didnt your lawyer look at your resume before filing labor? I remember my lawyer consulting my HR, my boss and my resume before writing the job description on my labor so that its accurate. Anyways, resume is something that is subject to change all the time and I dont think USCIS expects you to have your resume in line with your job desc on labor. Resume is about your qualifications and abilities - which may or may not be the same thing that your actually perform at your work.
That doesnt mean anything to anyone OUTSIDE of my company. Does it mean that I am top-level programmer? or does it mean that I am 3rd level junior programmer?
But the JOB DESCRIPTION must be accurate.(As much as possible, there is a limit to how much 10 lines can do in describing your job).
As far as resume is concerned, didnt your lawyer look at your resume before filing labor? I remember my lawyer consulting my HR, my boss and my resume before writing the job description on my labor so that its accurate. Anyways, resume is something that is subject to change all the time and I dont think USCIS expects you to have your resume in line with your job desc on labor. Resume is about your qualifications and abilities - which may or may not be the same thing that your actually perform at your work.
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raysaikat
01-06 02:06 PM
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
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txh1b
08-18 01:39 PM
The attorney's post re-iterates what I have been saying. You did not qualify for H1b portability. Even if USCIS approves the case with a I-94, you cannot consider yourself safe as it might come back and bite you for working illegally.
If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.
If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.
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vejella
08-01 11:07 PM
2008 quota can never be used in 2007.
I mean most of the 2008 quote WILL BE used not already been used..
I mean most of the 2008 quote WILL BE used not already been used..
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123456mg
07-20 03:32 AM
Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) and tax returns is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.
Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".
The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".
The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
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rolrblade
07-20 01:26 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
When did you file? How long has it been?
if you just recently filed, I would recommend that you wait for the Receipt notice of the 485 (at this stage they have not worked on your case yet) and then send the letter along with the correct form.
Atleast that way they can track it and put it where it is supposed to go. Right now, if you send it where are they going to find your form in 700K+ applications comming n and and you not even being in the system.
Consult with your attorney thugh.
Just my 2 cents.
When did you file? How long has it been?
if you just recently filed, I would recommend that you wait for the Receipt notice of the 485 (at this stage they have not worked on your case yet) and then send the letter along with the correct form.
Atleast that way they can track it and put it where it is supposed to go. Right now, if you send it where are they going to find your form in 700K+ applications comming n and and you not even being in the system.
Consult with your attorney thugh.
Just my 2 cents.
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shishya
09-27 12:43 AM
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
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FinalGC
11-06 11:43 AM
Here is a crutch for you.
You have an employee agreement which says that you will be paid health benefits. All you need to tell your Company A (if he comes after you), that you will report them to USCIS that you have exploited him and gave the wrong information before joining the company. This will prevent any desi..staffing company to advance to you, since all their future H1's will be heavily scrutinized and possibly his company will be shut down. He will have his own battle with USCIS. This will prevent him to come after you.
If I were you, I would have all kinds of written emails and documents ready for me to show the old employer that you have proof that the old employer was exploiting you.....I am sure you can come up with tons of things, like not paying on bench. Don't ever talk such matter, always write emails and ask feedback.
Email trails are the best way to keep all these staffing and desi companies at bay and prevent them from exploiting employees......I am speaking from experience buddy.....I had one guy after me and being a PM, by profession I saved all such email trails and he knew that. When I left him he gave me back the $11K, that he had taken from me illegally.
Yes, it is a good idea to spend 100-200 bucks with a reputed attorney like Murthy or Khanna or Shusterman to check your status before you jump. This will give you additional confidence to jump ship.
I get sad and angry at these desi employers who exploit their employees....I am sure some day they will reap what they have harvested....tears and pain of these exploited employees.....
My suggestion to my fellow colleagues is...those of have gone through this struggle...please do not become like them when you too come out of this GC maze.....
You have an employee agreement which says that you will be paid health benefits. All you need to tell your Company A (if he comes after you), that you will report them to USCIS that you have exploited him and gave the wrong information before joining the company. This will prevent any desi..staffing company to advance to you, since all their future H1's will be heavily scrutinized and possibly his company will be shut down. He will have his own battle with USCIS. This will prevent him to come after you.
If I were you, I would have all kinds of written emails and documents ready for me to show the old employer that you have proof that the old employer was exploiting you.....I am sure you can come up with tons of things, like not paying on bench. Don't ever talk such matter, always write emails and ask feedback.
Email trails are the best way to keep all these staffing and desi companies at bay and prevent them from exploiting employees......I am speaking from experience buddy.....I had one guy after me and being a PM, by profession I saved all such email trails and he knew that. When I left him he gave me back the $11K, that he had taken from me illegally.
Yes, it is a good idea to spend 100-200 bucks with a reputed attorney like Murthy or Khanna or Shusterman to check your status before you jump. This will give you additional confidence to jump ship.
I get sad and angry at these desi employers who exploit their employees....I am sure some day they will reap what they have harvested....tears and pain of these exploited employees.....
My suggestion to my fellow colleagues is...those of have gone through this struggle...please do not become like them when you too come out of this GC maze.....
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nlssubbu
10-08 08:12 PM
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
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sury
11-17 03:59 PM
This turned out to be FP notice.
I moved to new place before I have recieved FP notice. My Attorney sent their copy and I finished FP.
The FP notice copy which I recieved earlier at my old address is returned to USCIS and they have re-sent it to my new address......which is nothing but updated as "Document mailed to Applicant" online in USCIS website
I moved to new place before I have recieved FP notice. My Attorney sent their copy and I finished FP.
The FP notice copy which I recieved earlier at my old address is returned to USCIS and they have re-sent it to my new address......which is nothing but updated as "Document mailed to Applicant" online in USCIS website
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iad2ead
09-17 09:17 PM
One of my friend's collegue had issues in getting his citizenship because he changed
job in less than 6 months of getting GC. Don't know too many details but I know that
citizenship will have issues..so pls check it out.
cheers
Iad
Hi,
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
job in less than 6 months of getting GC. Don't know too many details but I know that
citizenship will have issues..so pls check it out.
cheers
Iad
Hi,
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
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sanju
11-20 11:56 AM
Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.
Secretaries are part of the Executive Branch but they are also the representative of the President in deciding what goes into any bill. Say 2007 CIR, the basic frame work was prepared by DHS and Commerce secrerary in line with the wishes of the WH, then detailed language was prepared by the lawmakers, which was reviewed by the two secretaries (and their offcie) again. President's approval is needed on every little provision as he can veto the bill after all the has been work done by the Congess. So the approval of executive branch is always required for any bill/provision. So President and the executive branch has a a lot of say in decising which provisions go into the bill, more than the most powerful Senators and Congressmen. Arizon Governor is a big proponent of immigration reform and that's why her assignment to this job is significant, as she may also act as an interface between the WH and the Congress to push for an immigration reform. The point is, she is a friend of a reform bill, and she wants it done now.
.
Secretaries are part of the Executive Branch but they are also the representative of the President in deciding what goes into any bill. Say 2007 CIR, the basic frame work was prepared by DHS and Commerce secrerary in line with the wishes of the WH, then detailed language was prepared by the lawmakers, which was reviewed by the two secretaries (and their offcie) again. President's approval is needed on every little provision as he can veto the bill after all the has been work done by the Congess. So the approval of executive branch is always required for any bill/provision. So President and the executive branch has a a lot of say in decising which provisions go into the bill, more than the most powerful Senators and Congressmen. Arizon Governor is a big proponent of immigration reform and that's why her assignment to this job is significant, as she may also act as an interface between the WH and the Congress to push for an immigration reform. The point is, she is a friend of a reform bill, and she wants it done now.
.
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seahawks
06-27 03:02 PM
Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
This is true since you haven't messed up and the USCIS did, in my case, the form that was filed had wrong information. There is no information in USCIS that tells us how we can correct it.
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
This is true since you haven't messed up and the USCIS did, in my case, the form that was filed had wrong information. There is no information in USCIS that tells us how we can correct it.
obviously
08-04 11:45 AM
Thanks for the 2 quick responses... albeit, opposite in recommendation :)
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
arihant
10-26 09:37 AM
I am not referring to the receipt notice. I am talking about the actual approval notice. I need to know this so that I can plan for Visa appointments.
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