desi3933
08-04 11:14 AM
Hi, can someone help crack this puzzle?
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
>> could port the priority dates from the EB3 to EB2 and interfile.
Correct. You should be able to claim EB-2 with PD Nov 2002.
Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.
_____________________________
Not a legal advice.
US Permanent Resident since 2002
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
>> could port the priority dates from the EB3 to EB2 and interfile.
Correct. You should be able to claim EB-2 with PD Nov 2002.
Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.
_____________________________
Not a legal advice.
US Permanent Resident since 2002
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rayen
02-05 03:20 PM
18003755283
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Good luck
Chris,
Thanks a lot I will try to reach them now.
Thanks, again.
1
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1
receipt no
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1
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Good luck
Chris,
Thanks a lot I will try to reach them now.
Thanks, again.
fromnaija
07-20 05:32 PM
Thank you!
http://www.insvisa.com/faq/department_state.htm#15
not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa
http://www.insvisa.com/faq/department_state.htm#15
not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa
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BPforGC
03-05 11:52 PM
My wife got RFE before leaving for India. Unless you know what the RFE is about, do not leave the country under any circumstances. RFE dates cannot be extended without compelling reasons. If you do not answer RFE, your petition has the chance of being considered "abandoned". Call the service center, not customer service, and find out about the content of RFE and tell them that you updated the address but you still did not get it.
They have access to read what is in the RFE. For my wife, the IO at NSC read the RFE content and told that it is about birth certificate. So, call and find out what is in there and take care of it first. Under any circumstances do not leave the country without answering the RFE otherwise you may not be able to come back, because it may lead to your petition considered abandoned. This risk is greatest if you use AP.
If your wife is traveling on H4, then she can enter using that VISA as long as if you maintain valid H1B. But if you are on EAD and she is traveling on AP, do not take risk. Do not listen to multiple people because you get half-cooked answers. I went through that situation and I am telling you, get to the bottom of the RFE, fast.
They have access to read what is in the RFE. For my wife, the IO at NSC read the RFE content and told that it is about birth certificate. So, call and find out what is in there and take care of it first. Under any circumstances do not leave the country without answering the RFE otherwise you may not be able to come back, because it may lead to your petition considered abandoned. This risk is greatest if you use AP.
If your wife is traveling on H4, then she can enter using that VISA as long as if you maintain valid H1B. But if you are on EAD and she is traveling on AP, do not take risk. Do not listen to multiple people because you get half-cooked answers. I went through that situation and I am telling you, get to the bottom of the RFE, fast.
more...
miami75
07-03 11:47 PM
In Miami, as my nickname
pointlesswait
08-04 11:58 AM
Obviously thansk for sharing!
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together..
you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together..
you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
more...
GCNirvana007
04-08 04:46 PM
Ok, i appreciate all the answers/recommendations. Now since You guys are the IV, can i get answer to my original questions
Thanks.
Thanks.
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Cheran
04-06 10:28 AM
This is talking about I-140 and not I-485.....
My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!
Could you elaborate why you say this is about I140? I couldn't derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I don't think there will be any action, period.
The whole thing is written as if June 2007 happened by mistake, I don't buy that.
My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!
Could you elaborate why you say this is about I140? I couldn't derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I don't think there will be any action, period.
The whole thing is written as if June 2007 happened by mistake, I don't buy that.
more...
kaisersose
05-07 01:27 PM
Also, keep in mind that CIS has said they are coming out with a regulation on AC21 sometime soon. There is no telling how favorable that will be.
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eager_immi
07-19 05:24 PM
She should go on h4. If she wants her ead she can file once you get AOS receipt No. unless u alreaqy filed for it. If u already filed for her ead you should still wait for her to quit her h1 job till the ead comes through.
Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
more...
deletedUser459
06-11 08:52 PM
it would be more fun if we vote for the ones we don't like
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haider420
06-12 07:53 AM
PLEASE HELP ME OUT!!!!
i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
-my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
-how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
-if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??
i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
-my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
-how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
-if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??
more...
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tyson
01-11 11:38 AM
Guys: One way to get involved is to find Congressional candidates (especially Republicans) and educate them. If you really want to push them along, ask can you help with their campaign.
For example, Eddie Adams in the Tampa Bay Area, is more open to discussion than the current incumbent. And, if he can be found open to backing legislation to expedite the Green Card process; then this movement has a new friend.
He is certainly (like most Republicans) no friend of illegal immigration. But, he might be open to pressuring the USCIS to move the legal immigration applications along.
For example, Eddie Adams in the Tampa Bay Area, is more open to discussion than the current incumbent. And, if he can be found open to backing legislation to expedite the Green Card process; then this movement has a new friend.
He is certainly (like most Republicans) no friend of illegal immigration. But, he might be open to pressuring the USCIS to move the legal immigration applications along.
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franklin
07-20 02:11 PM
I'm confused - what is the point of applying for AP if you aren't also applying for EAD?
Yes, I believe you can apply for EAD yourself
Yes, I believe you can apply for EAD yourself
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walking_dude
01-30 02:10 PM
Thanks. Hope you sent individual E-mail to each one of them.
My request to everyone is don't send Bulk E-mails addressed to all newspapers. It will get ignored. Only individually addressed E-mails have a chance of getting read.
Also, please don't resort to the short cut of using BCC for all the E-mails. There is a high likelihood that your E-mail will get labelled SPAM and get deleted or land in 'SPAM'/'Bulk Mail' folder.
If your E-mail is ignored as Bulk mail it doesn't serve our purpose. So please customize the message and send individual E-mails to your local newspapers. Local papers in your city/county are more likely to give weightage to your E-mail than a newspaper based in a faraway city or county. Target local newspapers first.
Sent email to all the ones below..
Use following list!
My request to everyone is don't send Bulk E-mails addressed to all newspapers. It will get ignored. Only individually addressed E-mails have a chance of getting read.
Also, please don't resort to the short cut of using BCC for all the E-mails. There is a high likelihood that your E-mail will get labelled SPAM and get deleted or land in 'SPAM'/'Bulk Mail' folder.
If your E-mail is ignored as Bulk mail it doesn't serve our purpose. So please customize the message and send individual E-mails to your local newspapers. Local papers in your city/county are more likely to give weightage to your E-mail than a newspaper based in a faraway city or county. Target local newspapers first.
Sent email to all the ones below..
Use following list!
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hiralal
08-14 06:36 AM
this is in response to some who say what if India does this and that ...the point is that India will do nothing. In general we have passive leaders and our PM is a great example of that - if it was done against china then immediately there would have retaliation. in some ways it is good if it stops the misuse ...I guess the biggest losers in this are the lawyers - more lawyer shops will close down
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trance
07-19 09:38 PM
Hi There,
I work in Company A, and Company A filed my GC April 2008 under EB2 Category.
Priority Date: April 2008
I-140: Approved
I-485- To be Filed
I also have a Masters Degree in the US.
I received an offer from Company B (Top consulting Firm) and they are willing to process my GC but in EB3 Category.
My Current H1 will expire in May 2012.
My wife is in the health care profession and currently a student in school and should get a a job next year. She is on a F1 currently and she should apply for a H1 next year. I am assuming that she can file for a GC in the EB2 category.
Questions:
1. Does it make sense to take up the offer or just wait for my I -485 date to become current. If i do not take up the offer, then i would lose out from a career growth perspective.
2. If i take up the offer and apply in the EB 3 category, hoping that my wife�s GC would be filed in EB2, can i apply I -485 with her.
3. Finally, does it make any sense to apply in EB3?
Your advice would be appreciated...
Thanks
Trance
I work in Company A, and Company A filed my GC April 2008 under EB2 Category.
Priority Date: April 2008
I-140: Approved
I-485- To be Filed
I also have a Masters Degree in the US.
I received an offer from Company B (Top consulting Firm) and they are willing to process my GC but in EB3 Category.
My Current H1 will expire in May 2012.
My wife is in the health care profession and currently a student in school and should get a a job next year. She is on a F1 currently and she should apply for a H1 next year. I am assuming that she can file for a GC in the EB2 category.
Questions:
1. Does it make sense to take up the offer or just wait for my I -485 date to become current. If i do not take up the offer, then i would lose out from a career growth perspective.
2. If i take up the offer and apply in the EB 3 category, hoping that my wife�s GC would be filed in EB2, can i apply I -485 with her.
3. Finally, does it make any sense to apply in EB3?
Your advice would be appreciated...
Thanks
Trance
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sreedhar
11-07 12:12 AM
sreedhar
Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
There are lot of us out there who have their personal decisions at stake.
Agree with you....But I am telling Truth... Truth is always like this Buddy...Do not feel emotion. I am also here for get help from other people and if possible I will help other people. Still I don’t know what is wrong with my previous response bellow…
“Why you worried about PDs...Yours is 2007....have to wait several years”
Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
There are lot of us out there who have their personal decisions at stake.
Agree with you....But I am telling Truth... Truth is always like this Buddy...Do not feel emotion. I am also here for get help from other people and if possible I will help other people. Still I don’t know what is wrong with my previous response bellow…
“Why you worried about PDs...Yours is 2007....have to wait several years”
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Soul
05-30 04:43 PM
:(
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ruchigup
08-22 03:22 PM
As stated earlier go for your own lawyer.
New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.
I am kind of reluctant to have Fragomen as my attorney representation
__________________
Can I have some recommendations for good attorney?
New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.
I am kind of reluctant to have Fragomen as my attorney representation
__________________
Can I have some recommendations for good attorney?
anandrajesh
12-19 08:31 PM
core member- Ashish Sharma (eager2i) will be attending this call on behalf of the core team.
I'LL BE THERE
I'LL BE THERE
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