xbohdpukc
03-15 05:17 PM
As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
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gccube
08-30 05:05 PM
EB2 or EB3?
zCool
04-01 03:40 PM
Looking at your scenario
Moving to another employer and keeping 485 alive is only theoretical option to you.
In reality and practical terms your plan is fraught with risks and is probably not worth it.
If your situation isn't dire and current employer is paying on time and this next employer is not "once in a life-time" type of opportunity.. STAY!
Moving to another employer and keeping 485 alive is only theoretical option to you.
In reality and practical terms your plan is fraught with risks and is probably not worth it.
If your situation isn't dire and current employer is paying on time and this next employer is not "once in a life-time" type of opportunity.. STAY!
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India_USA
09-14 09:20 AM
can you update your profile?
more...
leonqiu
06-14 07:40 PM
First, Congrats to everyone and IV Core Team!!
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
markelli
02-26 11:34 PM
Anysia,
Hi! Do you think this rule will apply if you were to apply for H1-B extension? I'm a PT too and my H1 will expire in October. My I-140 petition was filed last December and was approved this February. So I was wondering if USCIS uses the same standard for H1-B and I-140s. Which service center did you apply to? I'm really scared of what's happening. I hope that you get thru this....
Hi! Do you think this rule will apply if you were to apply for H1-B extension? I'm a PT too and my H1 will expire in October. My I-140 petition was filed last December and was approved this February. So I was wondering if USCIS uses the same standard for H1-B and I-140s. Which service center did you apply to? I'm really scared of what's happening. I hope that you get thru this....
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razis123
06-02 04:34 PM
Hi,
I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.
My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.
Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.
Thanks a lot.
- nk
I am in a similar situation.Somebody please give advice on this
Thanks in advance
I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.
My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.
Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.
Thanks a lot.
- nk
I am in a similar situation.Somebody please give advice on this
Thanks in advance
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tabletpc
05-28 11:43 AM
gc_on_demand
when you say "You will be back on line in this mess."...do you mean I again need to get PERM approved from new company and i-140 and then apply for 485..??
or can I jsut apply for 485 with previous company labor and i-140 approval...??
when you say "You will be back on line in this mess."...do you mean I again need to get PERM approved from new company and i-140 and then apply for 485..??
or can I jsut apply for 485 with previous company labor and i-140 approval...??
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anilsal
10-30 11:49 PM
When there is a merger, there are no issues. I am presuming that when there are spin offs, there are no issues. Since you are working for atleast one of the original partners, you may show that it is a spin-off or a smaller firm out of the bigger firm or something like that. I am no attorney.
Talk to a good one. If you are being offered atleast the wage that is described on your apps and your position has not changed, then maybe there are no issues.
Get to an attorney at the earliest.
Talk to a good one. If you are being offered atleast the wage that is described on your apps and your position has not changed, then maybe there are no issues.
Get to an attorney at the earliest.
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gc_bulgaria
11-25 02:07 PM
You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.
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pd_recapturing
09-04 10:41 AM
There is a confusion in following statement:
"Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested"
I read in some other forums that you do not need to wait for your PD to be current to interfile. Is that true ? My attorney is also saying that we can interfile as soon as we receive the RN. My PD is May 2004.
"Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested"
I read in some other forums that you do not need to wait for your PD to be current to interfile. Is that true ? My attorney is also saying that we can interfile as soon as we receive the RN. My PD is May 2004.
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Hope_GC
05-21 06:28 PM
Good Sense of Humor :)
July 2009
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
July 2009
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
more...
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liorsal
01-13 05:36 PM
does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?
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reddymjm
04-24 09:32 AM
Good Question. Why no one from IV posted that yet?
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MYGCBY2010
07-27 04:21 PM
I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
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yabadaba
06-29 02:22 AM
Yabadaba,
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
for u - u need to put in the last time u got a stamp when u left/entered the country. my case was different, I had gotten a visa stamp from toronto. that should be sufficient proof for uscis
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
for u - u need to put in the last time u got a stamp when u left/entered the country. my case was different, I had gotten a visa stamp from toronto. that should be sufficient proof for uscis
more...
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shirish
02-05 01:34 PM
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
One of my firend is doing her residency from harbour hospital in Baltimore Maryland. I know from her there are many indian nad pakistani docs there on H1b.
One of my firend is doing her residency from harbour hospital in Baltimore Maryland. I know from her there are many indian nad pakistani docs there on H1b.
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manand24
10-15 02:12 PM
I don't think so,
my wife and my self had 3 LUDs after FP on both of our 485.
I called TSC, mine and my wife's application is pending secrutiy clearance.
Yes, I know that I will not be getting the GC anytime soon, my PD is 2006 EB2 India.
my wife and my self had 3 LUDs after FP on both of our 485.
I called TSC, mine and my wife's application is pending secrutiy clearance.
Yes, I know that I will not be getting the GC anytime soon, my PD is 2006 EB2 India.
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surabhi
06-02 10:50 AM
NKR, thanks . I am considering that option.
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
desi3933
02-11 11:59 AM
Doesn't the H1 takes effect only if you join them. I dont think just getting approval alone change your status.
Otherwise is there any source for this claim
If the approval notice has new I-94 then new status has taken effect. Infact new I-94 will also have H-1B written as well, if the new status is H-1B.
Person has to file for another change of status if he/she wants to go back to old status.
__________________
Not a legal advice.
Otherwise is there any source for this claim
If the approval notice has new I-94 then new status has taken effect. Infact new I-94 will also have H-1B written as well, if the new status is H-1B.
Person has to file for another change of status if he/she wants to go back to old status.
__________________
Not a legal advice.
vivaforever
12-17 09:36 PM
No luck yet
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