harrydr
04-16 01:43 PM
Hi,
After multiple requests to my employer, i finally was able to get a scanned copy of my I-140 approval notice. It's just the approval notice and not the original I-140.
My questions is, is that enough to port my PD in case i want to change my job and switch the company??
After multiple requests to my employer, i finally was able to get a scanned copy of my I-140 approval notice. It's just the approval notice and not the original I-140.
My questions is, is that enough to port my PD in case i want to change my job and switch the company??
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BharatPremi
10-24 07:27 PM
PD - EB3 from Bangladesh
i140 got approved on Sep 2007
Fingerprint Sep 2007
Congrats buddy for your freedom from this hell. You mentioned that your I-140 approved in Sep 2007. When did you file your I-140?
i140 got approved on Sep 2007
Fingerprint Sep 2007
Congrats buddy for your freedom from this hell. You mentioned that your I-140 approved in Sep 2007. When did you file your I-140?
desi3933
06-18 03:41 PM
thanks for your replies desi3933........is there any way one one can apply for H4 extension/stamping at the consulate based on the receipt of the H1b extension filing ?
One needs H1 extension approval letter in order to get H4 visa at the consulate for the period mentioned in H1 extension. It does not matter if the person was on H4 status or not on the last day in US. One can be in AOS pending status and get H4 visa stamp.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
One needs H1 extension approval letter in order to get H4 visa at the consulate for the period mentioned in H1 extension. It does not matter if the person was on H4 status or not on the last day in US. One can be in AOS pending status and get H4 visa stamp.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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mpadapa
05-13 03:15 PM
485Mbe4001, I concur with your views. Your posting is identical to my case except that my PD is Jan 2004!!
I do agree an aggressive lawyer who knows the system would've put me in a much better situation.
After you wait for 7-8 years in your category for your visa your thougths will change. I have MS from an american university + work experience. Our lawyer decided to file EB3 in 2001, they convinced the company that EB3 is easier to get approved. i am still waiting for my GC, in the mean time i have gained a lot of experience, i am still an EB3 for USCIS. There are many in a similar position.
People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).
Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...
I do agree an aggressive lawyer who knows the system would've put me in a much better situation.
After you wait for 7-8 years in your category for your visa your thougths will change. I have MS from an american university + work experience. Our lawyer decided to file EB3 in 2001, they convinced the company that EB3 is easier to get approved. i am still waiting for my GC, in the mean time i have gained a lot of experience, i am still an EB3 for USCIS. There are many in a similar position.
People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).
Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...
more...
aadimanav
01-23 12:06 AM
:confused: It must be typo.
luckysiri
04-16 09:00 AM
Thank you all for all your suggestions and support. Past 3 days was very stressed and exhausted. Your suggestions and support made me relieved and courageous. Yesterday I slept peacefully without any tensions. IV is a great forum which is helping immigrants in difficult times by providing support and useful information. I am very thankful to you all. I will keep posting the updates; I will definitely fight and overcome this situation. Now, my first priority is my baby and health.
After seeing the support in IV, it proves that still there are so many good people out there to help people in difficult times. I won't forget this in my life.
Thanks everyone.
After seeing the support in IV, it proves that still there are so many good people out there to help people in difficult times. I won't forget this in my life.
Thanks everyone.
more...
nshantha
07-19 09:54 AM
My application was also received by NSC on Jul 2nd at 7:55 AM
My details are:
EB3/Jun 2004
Reciept Not received
My details are:
EB3/Jun 2004
Reciept Not received
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hope2007
05-24 11:22 PM
i am a physician from india residing in CA...got very good scores in high 90s
Waiting to apply for residency since 2 yrs ..as there is only 1 program in CA which sponser H1..cannot look for residency in east coast bcoz of my kid is very small, husband is stuck with the employer coz of GC so cannot move...
Life is getting too depressive for me..
And now some1 posted this new bill says no H1 for resident:mad:
Waiting to apply for residency since 2 yrs ..as there is only 1 program in CA which sponser H1..cannot look for residency in east coast bcoz of my kid is very small, husband is stuck with the employer coz of GC so cannot move...
Life is getting too depressive for me..
And now some1 posted this new bill says no H1 for resident:mad:
more...
samrat_bhargava_vihari
06-18 11:57 AM
One does NOT need EAD to use AC21. I don't understand the panic.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
AND ONE MORE THING. THESE PROCESSING DATES ARE FOR RENEWAL APPLICATIONS. NOT FOR NEW APPLICATIONS. FROM MY EXPERIENCE I SAW FIRST TIME FILERS ARE GETTING THEM IMMEDIATELY THAN RENEWALS WHICH WERE TAKING 2-3 MONTHS.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
AND ONE MORE THING. THESE PROCESSING DATES ARE FOR RENEWAL APPLICATIONS. NOT FOR NEW APPLICATIONS. FROM MY EXPERIENCE I SAW FIRST TIME FILERS ARE GETTING THEM IMMEDIATELY THAN RENEWALS WHICH WERE TAKING 2-3 MONTHS.
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delhirocks
06-28 01:56 PM
This is wrong. EAD can be issued when both of the following conditions MUST meet:
I140 has been approved
I485 application is 180 days old
Thats incorrect, You will still get your EAD if I-140 is pending. But, in futiure if your I-140 is say rejected, you will be instantly out of status (If you are on EAD).
I will post the supporting documentation shortly
I140 has been approved
I485 application is 180 days old
Thats incorrect, You will still get your EAD if I-140 is pending. But, in futiure if your I-140 is say rejected, you will be instantly out of status (If you are on EAD).
I will post the supporting documentation shortly
more...
HawaldarNaik
10-07 10:03 AM
USCIS has specified that they would have processed all the records into a single database by 29th October.
Does this not mean that there could be a forward movement in the Nov bullietin ?
Does this not mean that there could be a forward movement in the Nov bullietin ?
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raj2007
12-31 08:34 AM
Here's another article
http://www.energybulletin.net/node/23259
http://www.energybulletin.net/node/23259
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roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
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pitha
04-25 06:55 PM
A good delaying tactic. In reality to implement such a proposal they might takes years to come up with a methadology and then to implement it. In the mean while all EB immigration bills can be kept on hold while the points system is being "evaluated"
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jessie1981
06-18 02:57 PM
Simple answer is NO. The local offices do not have this authority. Just have to wait for the USCIS wheels to move along at their own pace before you can travel.
This is not correct. If one can prove that his/her family member is dying or just died, he/she can get an AP from local office immediately.
This is not correct. If one can prove that his/her family member is dying or just died, he/she can get an AP from local office immediately.
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v2neha
07-09 12:36 PM
Sent flowers to Gonzales to be delivered on July 10th with IV's prescribed signature message.
more...
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sunny1000
07-09 02:57 PM
Aaj nahin uthogey toh kab uthogey....
means.....
If not today, when shall you wake up????
Thanks
means.....
If not today, when shall you wake up????
Thanks
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learning01
04-26 06:25 AM
TMC Net: (http://www.tmcnet.com/usubmit/2006/04/26/1610336.htm)
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sonia_sd
05-08 02:37 PM
Try Tri Valley
Try to respect others and feel sorry about their situation.
Try to respect others and feel sorry about their situation.
srinivas_o
07-08 05:51 PM
I do have a copy of I-140 approval notice and also I do have a copy of the labor petition, but do not have the job code.
Attorney said that they have represented Employer also along with the employee and hence they need an authorization from Employer in order to answer any questions or to do any thing with my pending I-485.
Why does the Attorney want employer's permission? All you need is a copy of i 140 approval notice and "if possible" copy of the labor petition.
You may want to change your Attorney on file, you can contact some popular attorneys like Rajiv or Murthy and they will gladly help you through.
Attorney said that they have represented Employer also along with the employee and hence they need an authorization from Employer in order to answer any questions or to do any thing with my pending I-485.
Why does the Attorney want employer's permission? All you need is a copy of i 140 approval notice and "if possible" copy of the labor petition.
You may want to change your Attorney on file, you can contact some popular attorneys like Rajiv or Murthy and they will gladly help you through.
minimalist
04-05 09:38 AM
That is not an issue You can freely go. Almost no questions about job when using AP. I used it 3 times so far. f some one randomly asks, may be you can mention that you used AC21.
I had a question on the experience at POE if one has used AC-21 and working for an employer who is doing the W-2 but the person actually works at the client site.
All the posts I see here have been that people were randomly questioned on POE about whether they are still working for their sponsoring employer or not?
What about my case? I had filed I-485 during July fiasco, had an approved I-140 then. Changed jobs on EAD using AC-21 in Oct 2008, and again changing now second time.
The first change I did was when I was working with the same employer who had given me
the EVL.
I never travelled out of US during this time.
Now I will be working at a client site, which is different from the employer's address. Just want to know if there could be any issues?
Or is it advisable to not go to India until GC comes... which could be infinite number of years...
I had a question on the experience at POE if one has used AC-21 and working for an employer who is doing the W-2 but the person actually works at the client site.
All the posts I see here have been that people were randomly questioned on POE about whether they are still working for their sponsoring employer or not?
What about my case? I had filed I-485 during July fiasco, had an approved I-140 then. Changed jobs on EAD using AC-21 in Oct 2008, and again changing now second time.
The first change I did was when I was working with the same employer who had given me
the EVL.
I never travelled out of US during this time.
Now I will be working at a client site, which is different from the employer's address. Just want to know if there could be any issues?
Or is it advisable to not go to India until GC comes... which could be infinite number of years...
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