bkarnik
04-04 10:36 PM
The AOS (485) is based on the I-140 approved for the beneficiary listed in the I-140 and not the labor. Besides, the DOL is not really concerned about EB2 or EB3 category. The DOL asks for the alien information just to verify that the job ad is not tailored to meet the alien's qualifications. EB2, EB3, etc are categories under the INA which become applicable only once the I0140 is filed. In a nutshell, your friend should have consulted another attorney before the I-140 was filed under EB3. It is not possible to change the 485 filing to EB2 based on the labor because the immediately preceding step to filing 485 is the I-140 which governs.
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gcdreamer05
01-03 09:32 AM
Folks the solution is simple,
If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).
If you have stamping on her passport for h4 then no need for AP.
If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).
If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.
I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.
If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).
If you have stamping on her passport for h4 then no need for AP.
If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).
If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.
I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.
royus77
09-02 05:07 PM
Please stop opening new threads which are not related to immigration
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krish2005
02-20 12:00 PM
y u r scaring everyone into not visiting Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)...... i visited the site many times & there was no virus...... u can hide but u cannot run from anti immigrants...... ever heard of Godzilla principle...... face the reality now to fight it or face the Godzilla later......
When you yourself have posted that itgrunt is anti H1B, what's the use of us visiting the site, ignoring the virus issue.
When you yourself have posted that itgrunt is anti H1B, what's the use of us visiting the site, ignoring the virus issue.
more...
ossidon
08-21 09:17 AM
My Details
EB2 - I
My priority date Dec 2004
I140 approved in May 07
I485 filed at NSC-2nd July 2007, RD 2nd July 07, ND 8 Aug 07
I140 LUD on 7/13/2008
Background Check Cleared : Source Infopass. SR Filed and IO mentioned in the Infopass on 8/8/08 that my file was being touched as recently as 8/7/08 but hasnt reached the Adjudicator.
Still waiting.................Am lost on what to do and whom to contact?
EB2 - I
My priority date Dec 2004
I140 approved in May 07
I485 filed at NSC-2nd July 2007, RD 2nd July 07, ND 8 Aug 07
I140 LUD on 7/13/2008
Background Check Cleared : Source Infopass. SR Filed and IO mentioned in the Infopass on 8/8/08 that my file was being touched as recently as 8/7/08 but hasnt reached the Adjudicator.
Still waiting.................Am lost on what to do and whom to contact?
kaisersose
07-02 03:46 PM
USCIS and DOS played ping pong on us.
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
You decided to marry a girl because your PD was current, married her and promised her you would get her an EAD in 3 months...and you did all this in 2 weeks ???
Man! You are fast!
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
You decided to marry a girl because your PD was current, married her and promised her you would get her an EAD in 3 months...and you did all this in 2 weeks ???
Man! You are fast!
more...
nozerd
02-02 12:55 PM
You have to apply at HRDC office in the city nearest to where you land. HRDC is Human Resources Development Canada and they issue SIN CARDS. Google it.
Just make note that they are not open on Weekend. You can only apply for SIN on weekday.
Just make note that they are not open on Weekend. You can only apply for SIN on weekday.
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needhelp!
11-05 04:15 PM
bump
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franklin
10-18 08:47 PM
This is in the wrong forum, you might get better answers if you post in the EAD and AP forums, not the one about rally logistics
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myeb2gc
02-20 09:48 AM
Hello,
(1)
My employer filed EB3 at first and then EB2 labour filings.
But EB3 labour approval is received just before filing 140. i.e after receiving the EB2 labour approval.
------------------------------------------
(2)
I have received my 140 approval notice. This is the first document of GC that my attorney shared with me.
-------------------------------------------
Question is := So is my GC is processed under EB2 / EB3?
(1)
My employer filed EB3 at first and then EB2 labour filings.
But EB3 labour approval is received just before filing 140. i.e after receiving the EB2 labour approval.
------------------------------------------
(2)
I have received my 140 approval notice. This is the first document of GC that my attorney shared with me.
-------------------------------------------
Question is := So is my GC is processed under EB2 / EB3?
more...
siddar
06-30 11:05 AM
Irrepsective of whether the new H1 is approved / rejected, you can always work for the Employer A, if the H1 is still valid.
If you use EAD, then your status would be "Adjustment of status" and if you use H1B, then your status is H1B. A person can be in one status, only one status, at any point of time while staying in the country.
I'm not a lawyer, please consult a lawyer for immigration matters.
If you use EAD, then your status would be "Adjustment of status" and if you use H1B, then your status is H1B. A person can be in one status, only one status, at any point of time while staying in the country.
I'm not a lawyer, please consult a lawyer for immigration matters.
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JazzByTheBay
07-27 01:33 PM
Heard back from the attorney - filing after Aug. 17th.
Hi,
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
Hi,
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
more...
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honeyB
01-23 02:23 PM
Hi,
How can we findout whether we got soft luds or not?
How can we findout whether we got soft luds or not?
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neelu
09-15 03:55 PM
Thank you, FromNaija, again. I appreciate your taking the time to respond in detail.
Also thanks for the nice words. They have a nice ring to them especially since I was expecting an RFE. You made my day with those words even if they dont turn true (those words are the closest I have ever come to a GC). Hope you are right. But I am not getting my hopes too high. :)
Wish you also good luck!
I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
Also thanks for the nice words. They have a nice ring to them especially since I was expecting an RFE. You made my day with those words even if they dont turn true (those words are the closest I have ever come to a GC). Hope you are right. But I am not getting my hopes too high. :)
Wish you also good luck!
I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
more...
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tabletpc
12-28 08:19 AM
Best wishes to your mother ...!!!!
Don't worry about the visa...old visa stamping is good to use as long as it has not expired. Make sure you carry all relavent documents to prove you work for present employer. There could a possibality of officers calling to confirm your employment..so make sure you inform your present employer about it.
Don't worry about the visa...old visa stamping is good to use as long as it has not expired. Make sure you carry all relavent documents to prove you work for present employer. There could a possibality of officers calling to confirm your employment..so make sure you inform your present employer about it.
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waitin_toolong
07-30 01:36 PM
My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?
Yes
Yes
more...
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ashwin_27
05-10 07:45 PM
Very Interesting set of links. We need to respond to each of these journalists thanking for any positive coverage but also highlighting the specific issues that is causign the backlog (7% per country limit and lack of visa recapture). We need to request that attention be paid to this aspect and how removal of per-country limit is neccessary to eliminate the greencard backlogs (and that visa recapture will at least provide limited relief). Most of such articles praise high-skilled immigrants but do not get to the root of the issue and the possible solutions. We need some folks to help with this IV media outreach. Please PM me if you are interested.
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sundeep14
03-04 11:55 AM
Ok..is there a way to check if your name check has been cleared...i tried callin USCIS and the customer rep doesnt seem to have a clue..
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apahilaj
09-12 03:25 PM
thanks guys,
I'll wait this week and will give them a call next week.
I'll wait this week and will give them a call next week.
shreekhand
08-28 04:42 PM
Actually it completely depends on the attorney. I know a couple of people in my company who changed employers and used the old attorney to file AC21 papers for them! and it is a big employer and a big attorney firm !
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
kpchal2
03-17 10:34 PM
HI
I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation
company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.
Changed company to Company B in May 2006.
Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.
Changed company to Company C in Jan 2007.
Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.
I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.
Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.
Thanks
I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation
company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.
Changed company to Company B in May 2006.
Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.
Changed company to Company C in Jan 2007.
Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.
I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.
Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.
Thanks
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