spicy_guy
03-31 12:18 PM
Done. Nice work!
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stemcell
03-31 11:58 AM
Done.
KKtexas
07-17 11:38 AM
chanduv23,
I got my EAD card for 2 years on 7/16.
It was paper filing on 6/22 at Texas Service center.
I hope everybody gets EAD card in time and continue working.
I got my EAD card for 2 years on 7/16.
It was paper filing on 6/22 at Texas Service center.
I hope everybody gets EAD card in time and continue working.
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hsarao
12-06 04:32 PM
Hello! My husband and I are in Lansing, and became a member today. I read the last post from Sep about some conference or meeting. Is there one scheduled soon? Venue? Date?
more...
fromnaija
05-06 07:04 PM
I was wondering how L1 can be allowed instate tuition while H1-B's have to pay out of state according to the Arizona list. What exactly is the fundamental difference between the 2 which results in L1's fulfilling the requirements?
GCard Dream - You should ask the question - what part of the statute does L1 fulfil that H1B does not -
I'm sure you can give these guy's a run for their money. One thing - if you pursue it long and hard enough I think there is a chance that you can get instate tuition. The only area I was concerned about was the domicile part but if L1's can prove domicile so can H1-B's.
I already fought this for three good years! I don't know how they allow L1 to enjoy in-state tuituion and not H1B. I provided links to USCIS website to ASU to prove that L1 and H1 are similar non-immigrant visa. I gave up after they could not provide any reasonable response.
GCard Dream - You should ask the question - what part of the statute does L1 fulfil that H1B does not -
I'm sure you can give these guy's a run for their money. One thing - if you pursue it long and hard enough I think there is a chance that you can get instate tuition. The only area I was concerned about was the domicile part but if L1's can prove domicile so can H1-B's.
I already fought this for three good years! I don't know how they allow L1 to enjoy in-state tuituion and not H1B. I provided links to USCIS website to ASU to prove that L1 and H1 are similar non-immigrant visa. I gave up after they could not provide any reasonable response.
LostInGCProcess
09-16 02:53 PM
Quoting INA Sec. 212(a)(6)(C)(i); 8 U.S.C. 1182
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
You can petition for waiver:
Quoting INA Sec. 212(6)(i)
(i) Admission of immigrant inadmissible for fraud or willful misrepresentation of material fact
(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) of this section in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien or, in the case of an alien granted classification under clause (iii) or (iv) of section 1154 (a)(1)(A) of this title or clause (ii) or (iii) of section 1154 (a)(1)(B) of this title, the alien demonstrates extreme hardship to the alien or the alien�s United States citizen, lawful permanent resident, or qualified alien parent or child.
(2) No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph (1).
You must talk to an experienced Immigration attorney as its dealing with misrepresentation.
Good Luck!
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
You can petition for waiver:
Quoting INA Sec. 212(6)(i)
(i) Admission of immigrant inadmissible for fraud or willful misrepresentation of material fact
(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) of this section in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien or, in the case of an alien granted classification under clause (iii) or (iv) of section 1154 (a)(1)(A) of this title or clause (ii) or (iii) of section 1154 (a)(1)(B) of this title, the alien demonstrates extreme hardship to the alien or the alien�s United States citizen, lawful permanent resident, or qualified alien parent or child.
(2) No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph (1).
You must talk to an experienced Immigration attorney as its dealing with misrepresentation.
Good Luck!
more...
pappu
11-29 09:52 AM
Can we have
1) links and pointers to background material and other things we could study, so that we are on the same page, and can educate ourselves on what to ask lawmakers/public
2) a presentation/paper, so that we have the same, the best, and the most presentable message.
If this already exists, and I just haven't found it yet, I apologize....
pls go through
http://immigrationvoice.org/forum/showthread.php?p=30164#post30164
and
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
1) links and pointers to background material and other things we could study, so that we are on the same page, and can educate ourselves on what to ask lawmakers/public
2) a presentation/paper, so that we have the same, the best, and the most presentable message.
If this already exists, and I just haven't found it yet, I apologize....
pls go through
http://immigrationvoice.org/forum/showthread.php?p=30164#post30164
and
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
2010 Prom 2010 #1. Tags:summer
loti_GC
04-27 12:45 PM
The instructions will provide you with an (800) number to call to make an appointment to go to the nearest Application Support Center (ASC) to have your INDEX PRINT AND PHOTO TAKEN. PLEASE CALL IMMEDIATELY AND MAKE AN APPOINTMENT. When you call the (800) number, please select the FINGERPRINTING OPTION.
Above instructions are not correct anymore. You will be sent a letter for ASC appointment, you don't need to call.
Above instructions are not correct anymore. You will be sent a letter for ASC appointment, you don't need to call.
more...
SK2007
12-24 04:10 PM
Hi Prinive,
I too am in the same club, having a priority date of Sept 2001. I am still awaiting my I-140 approval, filed in March 2007.
Hoping things would be sorted out sooner rather than later....I am in EB-3....How about U??
I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.
I too am in the same club, having a priority date of Sept 2001. I am still awaiting my I-140 approval, filed in March 2007.
Hoping things would be sorted out sooner rather than later....I am in EB-3....How about U??
I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.
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voldemar
03-07 02:43 PM
Hi,
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
No, there is old Child Protection Act and it protects from aging out while I-140 is in process. So child age is determined as age on time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS.
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
No, there is old Child Protection Act and it protects from aging out while I-140 is in process. So child age is determined as age on time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS.
more...
loudoggs
08-14 06:13 PM
krishnam70:
I just saw your signature and it seems like you just received your GC. Congrats!!!
I am sure you feel relieved.
I just saw your signature and it seems like you just received your GC. Congrats!!!
I am sure you feel relieved.
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rxsimha
03-17 04:09 PM
In continuation to the below thread, I was asked to start a new thread
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
more...
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GCBy3000
07-19 03:43 PM
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
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DarkChild
05-17 02:02 PM
nice one dj, really nice one to be more specific :thumb:
more...
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dan19
02-08 05:54 PM
Read this...United Nations had posted this in some other forum.
>>>>
Here is the easiest reading. It is from November 2005 bulletin. They specifically stated that the 7% limit was going to apply.
http://travel.state.gov/visa/frvi/b...letin_2712.html
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY
The backlog reduction efforts of both Citizenship and Immigration Services and the Department of Labor continue to result in very heavy demand for Employment-based numbers. The amount of cases currently being processed is sufficient to use all available numbers in many categories. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
WILL THERE BE CUT-OFF DATES FOR ANY ADDITIONAL FOREIGN STATES IN THE FIRST AND SECOND PREFERENCE CATEGORIES?
It may be necessary to establish a cut-off date for the “All Chargeability Areas” Second preference category at some point during the second half of the fiscal year. It is too early to estimate whether future demand will warrant such action. As of October 1st, cut-off dates for the First and Second preferences for China and India were established due to heavy demand; cut-off date movement is expected to be limited until a demand pattern has been determined.
WHY ARE THERE CUT-OFF DATES THIS YEAR AS OPPOSED TO PREVIOUS YEARS, WHEN THE CATEGORIES WERE CURRENT?
While the Employment categories had been “Current” for almost four years, several important factors affected the decision to implement cut-offs for FY-2006.
Prior to July 2001, demand for Employment numbers was such that cut-off dates were in effect for many categories, and that is the case once again for FY-2006.
The reasons the Employment categories had become current were:
The American Competitiveness in the Twenty-First Century Act (AC21) recaptured a “pool” of 131,000 Employment numbers unused in fiscal years 1999 and 2000, and allowed those recaptured numbers to be used by the oversubscribed countries, and
The substantial decline in demand for numbers for adjustment of status cases prevented the annual limits from being reached for several years.
In FY we are faced with continuing heavy demand due to the DHS and DOL backlog reduction efforts, along with an Employment limit which is approximately 40% lower than that of FY-2005. The lower annual Employment limit is a result of the virtual elimination of the “pool” of recaptured AC21 numbers, returning us to the pre-July 2001 situation.
WHAT ABOUT SCHEDULE A NUMBERS?
The 50,000 Schedule A numbers will provide relief to many Employment preference applicants, since any Schedule A applicant whose priority date is beyond the relevant Employment preference cut-off date can be processed and charged against the 50,000 limit. It is expected that Schedule A numbers will be available on a “Current” basis throughout all of FY-2006.
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
In recent years, the application of the rules outlined in AC21 has allowed countries such as China – mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
>>>>
Here is the easiest reading. It is from November 2005 bulletin. They specifically stated that the 7% limit was going to apply.
http://travel.state.gov/visa/frvi/b...letin_2712.html
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY
The backlog reduction efforts of both Citizenship and Immigration Services and the Department of Labor continue to result in very heavy demand for Employment-based numbers. The amount of cases currently being processed is sufficient to use all available numbers in many categories. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
WILL THERE BE CUT-OFF DATES FOR ANY ADDITIONAL FOREIGN STATES IN THE FIRST AND SECOND PREFERENCE CATEGORIES?
It may be necessary to establish a cut-off date for the “All Chargeability Areas” Second preference category at some point during the second half of the fiscal year. It is too early to estimate whether future demand will warrant such action. As of October 1st, cut-off dates for the First and Second preferences for China and India were established due to heavy demand; cut-off date movement is expected to be limited until a demand pattern has been determined.
WHY ARE THERE CUT-OFF DATES THIS YEAR AS OPPOSED TO PREVIOUS YEARS, WHEN THE CATEGORIES WERE CURRENT?
While the Employment categories had been “Current” for almost four years, several important factors affected the decision to implement cut-offs for FY-2006.
Prior to July 2001, demand for Employment numbers was such that cut-off dates were in effect for many categories, and that is the case once again for FY-2006.
The reasons the Employment categories had become current were:
The American Competitiveness in the Twenty-First Century Act (AC21) recaptured a “pool” of 131,000 Employment numbers unused in fiscal years 1999 and 2000, and allowed those recaptured numbers to be used by the oversubscribed countries, and
The substantial decline in demand for numbers for adjustment of status cases prevented the annual limits from being reached for several years.
In FY we are faced with continuing heavy demand due to the DHS and DOL backlog reduction efforts, along with an Employment limit which is approximately 40% lower than that of FY-2005. The lower annual Employment limit is a result of the virtual elimination of the “pool” of recaptured AC21 numbers, returning us to the pre-July 2001 situation.
WHAT ABOUT SCHEDULE A NUMBERS?
The 50,000 Schedule A numbers will provide relief to many Employment preference applicants, since any Schedule A applicant whose priority date is beyond the relevant Employment preference cut-off date can be processed and charged against the 50,000 limit. It is expected that Schedule A numbers will be available on a “Current” basis throughout all of FY-2006.
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
In recent years, the application of the rules outlined in AC21 has allowed countries such as China – mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
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sen_raju
05-26 05:14 AM
Yes.
dear sen_raju,
i do not want to spoil your happiness by providing the following link. Please make sure that your case was approved when the priority date for you was current. Go through the following link to understand more and take necessary action.
http://www.murthy.com/news/n_app485.html
if 485 gets approved when priority date is not current we need to notify uscis and they will change our status back to aos. If we do not report this, it could create problems in future. The above link provides detailed information.
I believe your priority date is current as of the approval date.
dear sen_raju,
i do not want to spoil your happiness by providing the following link. Please make sure that your case was approved when the priority date for you was current. Go through the following link to understand more and take necessary action.
http://www.murthy.com/news/n_app485.html
if 485 gets approved when priority date is not current we need to notify uscis and they will change our status back to aos. If we do not report this, it could create problems in future. The above link provides detailed information.
I believe your priority date is current as of the approval date.
more...
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WeShallOvercome
07-19 02:22 PM
Do they have a signature authorization from you? If not , they can not send a G-28 that is not signed by YOU !
even my employer didnt allow us to file saying, if employee files, FBI will get mad thinking it has toxics in it :D :D :D
trust me thats what they told me..dunno what he thinks..:) :)
but the point is I sent my docs to my employer and I didnt include any G-28 in it..which means we signed as we prepared all docs..
Now can they attach G-28 and introduce themselves as representatives and swallow all receipts???
even my employer didnt allow us to file saying, if employee files, FBI will get mad thinking it has toxics in it :D :D :D
trust me thats what they told me..dunno what he thinks..:) :)
but the point is I sent my docs to my employer and I didnt include any G-28 in it..which means we signed as we prepared all docs..
Now can they attach G-28 and introduce themselves as representatives and swallow all receipts???
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senthil1
01-23 07:15 PM
Like this lot of bills will be introduced between Jan to Dec and nothing will happen.Any immigration bill pro or anti will have tough time to pass. Generally Anti immigration will not come under consideration. Pro-immigrant bills will be considered but it will be blocked or no agreement will be reached as usual. We have to see this year. President wanted CIR not because of Welfare of immigrants but for repairing the damage caused by Iraq Mess. The problem is
Pro-immigrants are asking too much. Anti Immigrants are not willing to give anything. There is no one was trying to negotiate. Everyone wants scuttle the moves of others by politics. Instead if both anti immigrants and pro immigrants in the congress negotiate and form a compromise the bill can be passed easily. But the bill should be for the country not for one group of people.
"Representative Elton Gallegly (R-CA) introduced H.R. 133, Citizenship Reform Act of 2007, which would limit citizenship by birth to children born to at least one permanent resident or citizen parent."
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
Pro-immigrants are asking too much. Anti Immigrants are not willing to give anything. There is no one was trying to negotiate. Everyone wants scuttle the moves of others by politics. Instead if both anti immigrants and pro immigrants in the congress negotiate and form a compromise the bill can be passed easily. But the bill should be for the country not for one group of people.
"Representative Elton Gallegly (R-CA) introduced H.R. 133, Citizenship Reform Act of 2007, which would limit citizenship by birth to children born to at least one permanent resident or citizen parent."
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
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JunRN
10-19 09:18 AM
As per USCIS official report as of end-August, there were more than 500,000 pending AOS applications:
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf
So, if we estimate that there were about 100,000 more AOS applications receipted during September and October, that is a total of 600,000.
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf
So, if we estimate that there were about 100,000 more AOS applications receipted during September and October, that is a total of 600,000.
Canadian_Dream
12-19 04:51 PM
You can file as many I-140's in any category (EB2/EB3/NIW) as long as you have a certified labor for a bona fide position with a matching education and company has ability to pay for those positions. These I-140's can come from one company or different ones it doesn't matter.
In your current situation:
1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.
2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.
3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
http://www.ilw.com/seminars/august2002_citation2c.pdf
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
In your current situation:
1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.
2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.
3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
http://www.ilw.com/seminars/august2002_citation2c.pdf
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
mdforgc
04-04 04:53 AM
Dear Core IV members. It is clear how tirelessly you have worked, let alone the time and money you spent, sitting in tht comfort of our homes and using our credit cards to make a small contribution of 200 dollars twice or thrice is pales in comparison to what the core mebers have done. Look at things you can see..we came on shustermans newsletter this month, we came on NBC nightly news,.. and dont forget there are things which are happening that we cannot see. Appreciate the core team with words, please donot doubt them, without them we had nothing, anything is better than nothing!!
Kudos to Core team
Kudos to Core team
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