Canadian_Dream
07-25 01:51 PM
Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.
Do the following:
If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.
If you don't receive the physical copy before AUG-17
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
Do the following:
If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.
If you don't receive the physical copy before AUG-17
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
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new2H1&GC
11-08 01:52 PM
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
texcan
09-17 03:06 PM
Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead
Chanduv23,
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
Chanduv23,
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
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snram4
01-23 12:37 AM
If you are out of status you may have to go India to get Visa. Canada and Mexico may not give Visa You were out of status for couple of months. So it should not be an issue in getting Visa
[
QUOTE=pradeepd;1400834]Hi,
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha[/QUOTE]
[
QUOTE=pradeepd;1400834]Hi,
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha[/QUOTE]
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seahawks
09-18 12:11 AM
yeeeeeeeeeeeeeeeeeeeeeeaaaaaaaaaaaH...Welcome to D.C. Thanks for posting all the encouraging words to get everyone to come!
Anders �stberg
November 21st, 2005, 10:50 AM
EDIT: The pictures seem to have moved since I voted. Now I like #4. :)
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Sreenuuk
08-07 09:24 AM
August Visa Bulletin is out.
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
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xbohdpukc
03-11 09:58 AM
But the point is - Has he/she said it can not be done at I-485?:confused:
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
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nfinity
06-11 06:09 PM
Another one clicked the link thinking it was out!
LOL:D
LOL:D
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tomCT
03-28 08:53 AM
I think this would be an easy and effective ammendment request. The USCIS considers BS + 5years equivalent to Masters(advanced degree).
As per Spectors/Frists bills, the Advanced Degree holders with 3 years exp in related field will have no numerical limts. First of all, can we interpret advanced degree as (BS + 5 years) ?
If not, is it possible to request these senotors to add that? It would be easy to add compared to requesting them of removing the country quota.
I belive most of the EB3 candidates have 5 years of experience. tHE REST OF THEM MAY BE ATLEAST 3 + YEARS EXPERIENCE WHICH THEY MAY THEN NEED TO WAIT ONLY 2 OR 3 YEARS TO REACH THAT 5 YR MARK).
The advanced degree is already interpreted by DOL as BS + 5 years.
Its interpreted by USCIS as BS + 2 years.
I request the IV to clarify this and request Spector/Frists to add this. There may be some reason for them removing that section 5. But adding a BS + 5yr interpretation to advanced degree wouldn't be an issue for them.
As per Spectors/Frists bills, the Advanced Degree holders with 3 years exp in related field will have no numerical limts. First of all, can we interpret advanced degree as (BS + 5 years) ?
If not, is it possible to request these senotors to add that? It would be easy to add compared to requesting them of removing the country quota.
I belive most of the EB3 candidates have 5 years of experience. tHE REST OF THEM MAY BE ATLEAST 3 + YEARS EXPERIENCE WHICH THEY MAY THEN NEED TO WAIT ONLY 2 OR 3 YEARS TO REACH THAT 5 YR MARK).
The advanced degree is already interpreted by DOL as BS + 5 years.
Its interpreted by USCIS as BS + 2 years.
I request the IV to clarify this and request Spector/Frists to add this. There may be some reason for them removing that section 5. But adding a BS + 5yr interpretation to advanced degree wouldn't be an issue for them.
more...
whitecollarslave
03-20 08:38 PM
Why you wanna get arrested :D
Can you explain how/why a peaceful rally and/or a fast will get somebody arrested?
Can you explain how/why a peaceful rally and/or a fast will get somebody arrested?
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sac-r-ten
04-26 11:18 AM
Sorry for your situation. Its tough for you. Guess you need to move out of country since the basis of extension (labor) is also in jeopardy. As someone said, consult a good lawyer quickly.
Good luck.
Good luck.
more...
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India_USA
09-20 09:24 AM
http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=1600298
send your questions to the above thread
send your questions to the above thread
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EB-VoiceImmigration
09-08 02:32 AM
As I understood from one of the attorney's post in this forum, that we can port priority date if we submit sufficient documentation while applying for I-140(for second GC process).
If I-140 is applied and pending or already approved then I' not sure if there is any chance to submit addendum to port the date..may be attorneys can help here.
If I-140 is applied and pending or already approved then I' not sure if there is any chance to submit addendum to port the date..may be attorneys can help here.
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mnkaushik
11-07 05:07 PM
I did use my experience in my current company for my I 140 and my I 140 has been approved. I had 2 years of exp prior to joining my company and my LC was for 4 years exp, so I used 2 years of exp from my current company. From your priority date it looks like you have applied using RIR or traditional. I think it is true for PERM that you cannot use the experience of your current company but for RIR or Traditional you can.
So your lawyer is right in saying that you can use your exp with your current company.
So your lawyer is right in saying that you can use your exp with your current company.
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singhsa3
07-18 09:47 AM
Guys,
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
more...
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FredG
April 10th, 2004, 10:19 AM
Well, Anders, we've determined that you can capture a bird in flight as long as it has a stick in it's neck so you can keep it in track. (kidding) Not many things in nature are perfectly round, straight, and sharp, sot this is man-made. We have good views in shots 2 and 5 showing it entered from the front and never came out. I'm guessing it flew into a dowel that someone was using for whatever. Maybe attached to a dock, or on rocks, or even in a local dump. Whatever it was, the bird would have crashed into it with pretty good force. That leads me to believe it was attached to something and the bird came in to land straight on, so the profile was just a dot.
Fred
Fred
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peacocklover
10-08 08:10 AM
Quite typical - on the one hand mouths off against illegals, but on the other hand employs them, I presume at below minimum wage with no benefits. And these are the people who want to be President of this country. Dobbs is nothing but a low life.
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posmd
03-21 05:11 PM
Would appreciate you updating this thread once you find out.
chanduv23
11-07 09:37 PM
also try http://www.desicrunch.com/
invincibleasian
02-05 02:39 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
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