yvjoshi100
03-31 09:48 PM
Congrats.
Can you tell us how much time USCIS took to approve your 485 after they approved your new EB2 based I-140 with dates ported from your previous EB3 based I-140. Also did you communicate seperately with USCIS to inter file your old 485 with new I140 approval or by just mentioning your A# on your I-140 application every thing for I-485 linking was automatically taken care by USCIS on their own.
Would greatly appreciate if you can share above info with us.
Can you tell us how much time USCIS took to approve your 485 after they approved your new EB2 based I-140 with dates ported from your previous EB3 based I-140. Also did you communicate seperately with USCIS to inter file your old 485 with new I140 approval or by just mentioning your A# on your I-140 application every thing for I-485 linking was automatically taken care by USCIS on their own.
Would greatly appreciate if you can share above info with us.
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eilsoe
10-03 01:31 PM
neither do I...
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Munna Bhai
07-12 09:48 AM
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.
Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.
Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.
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sandeep77
07-26 04:09 PM
hey kalindi, just one question, i am not well versed in the GC procedures, so this might be really out of sync, but arent the priority dates of EB2 India August 2004, how could you apply for i485 when ur PD was July 2005??
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telekinesis
09-05 02:40 AM
No dissing the Pixel Stretch, ya'll betta recognize, my Splash would look even cr@pier without the pixel stretch!
ha002
06-15 06:05 PM
I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across
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she81
05-15 06:34 PM
Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?
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admin
02-03 08:21 AM
Increasing the H1-B limit without increasing EB-GC quota is going to make our situation much worse. People will soon have to wait for 10 years before getting GCs. :eek:
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desi3933
06-21 05:21 PM
I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.
You need to have 2 (or more) approved I-140s for Priority Date transfer.
Job Title, Description and Salary do NOT matter.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Thanking you in advance.
You need to have 2 (or more) approved I-140s for Priority Date transfer.
Job Title, Description and Salary do NOT matter.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
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rajarao
09-11 11:06 AM
The trend here clearly shows- how bad is this broken LEGAL immigration system. NSC send only receipts, TSC sends EADs but no receipts. People with 2005 prioritry date get their GCs (some reported EB-2 cases from India that got GC in July, because prioroty dates were current), but the next month goes back to unavailable and then to Apr 04 (Sept visa bulletin) and then may go back to stone ages (some predict 2003- for October bulletin).
Isn't this time for fixing the system- legally?.. IV is doing its best- kudos to IV and hope the eyes of US govt open up. It should not be hit or miss and your fate should not be decided by lottery- there is whole different category for that.
Isn't this time for fixing the system- legally?.. IV is doing its best- kudos to IV and hope the eyes of US govt open up. It should not be hit or miss and your fate should not be decided by lottery- there is whole different category for that.
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gc_lover
06-20 12:24 PM
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
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liorsal
01-14 02:53 PM
Only H1 reform is likely by feb 15th.
what about 485 relief????????
what about 485 relief????????
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Lollerskater
08-05 12:23 PM
OP are you compiling statistics? For EB2 or EB3?
I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.
Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?
I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.
Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?
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sriswam
06-28 06:36 PM
Guess I found the answer. e-filing is disabled for 140. USCIS was quick on the draw :)
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psaxena
11-05 06:09 PM
Mine is exactly the same case as yours. I applied under EB3 for that reason.
You do not qualify for EB2 this way, give up that I-140 and apply a new one under EB3.
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
You do not qualify for EB2 this way, give up that I-140 and apply a new one under EB3.
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
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08-08 09:08 PM
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jnraajan
03-29 04:13 PM
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
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gcpool
03-26 01:14 PM
How did you come to this conclusion?
I will go first: 50%
:p
I will go first: 50%
:p
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arunmohan
04-06 12:44 PM
Friends ,
Count me in,I live in Tucson.
Count me in,I live in Tucson.
gcformeornot
04-08 01:09 PM
Paper filed too... 2 main reasons.
No FP required at local office(so no day off... no kids hassle...)
With e-file you anyway need to send documents via post......
Beside Paper file is easy to self file so no cost difference....
No FP required at local office(so no day off... no kids hassle...)
With e-file you anyway need to send documents via post......
Beside Paper file is easy to self file so no cost difference....
akhilmahajan
04-11 03:31 PM
it seems like the IV tracker doesn't update immidiately... i've made a change to my PD as i had put a slightly wrong date... but the update hasn't kicked in as yet.
thanks for pointing out.
Will make a note of this too.
thanks for pointing out.
Will make a note of this too.
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