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.
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sweet_jungle
06-14 12:50 AM
My PD is Feb 2004, so I've been current for almost 2 months now. Though, my ND is 9/12/2007 and NSC is processing 7/14/2007, so that's not current yet...
Receipt date and not notice date is the factor.
Also, NSC has been processing even people with October notice dates and appoved people with current PDs.
Receipt date and not notice date is the factor.
Also, NSC has been processing even people with October notice dates and appoved people with current PDs.
garybanz
11-12 02:17 PM
Did you have to get it in advance or did you get it on arrival?
No visa required with GC. But, since I only had my AP, they asked me to get a Mexican visa ($36). The above rule must be new (no visas needed with non-immigrant US visas).
No visa required with GC. But, since I only had my AP, they asked me to get a Mexican visa ($36). The above rule must be new (no visas needed with non-immigrant US visas).
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gsmc98
08-27 12:19 AM
Same here...We received same FP fees rejected notice but checks are cashed. Our lawyer mailed the proof of cashed checks for 325 + 70. But to our surprise even before that we received appointment for FP.
I think this is common error on USCIS system. Most probably they will send you FP appointment notice. So relax..
I think this is common error on USCIS system. Most probably they will send you FP appointment notice. So relax..
more...
485Question
10-04 12:44 PM
I am from IL.
smuggymba
08-16 09:15 AM
Can we post a question now or only after 8:30PM Thursday?
more...
qualified_trash
10-09 08:57 PM
Man ..Just ask him.
your point is??
your point is??
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aznj123
11-13 02:11 PM
bump
more...
eb3India
04-04 01:46 PM
whatz wrong with someone who gets GC in 6 months, is'nt it our sole goal to change system to have GC in few months,
c'mon guys are you jealous, what makes you think just because you did MS here that you are more qualified than a person who has done Bcom from india, he is manager atleast he knows how to grow in a orginzation and get a GC in 6 months, so learn from him,
get over it this is how the system works if you want to change atleast think positve and call your lawmakers
c'mon guys are you jealous, what makes you think just because you did MS here that you are more qualified than a person who has done Bcom from india, he is manager atleast he knows how to grow in a orginzation and get a GC in 6 months, so learn from him,
get over it this is how the system works if you want to change atleast think positve and call your lawmakers
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letstalklc
07-10 10:21 AM
ah - never mind - i see it now, after one logs in! :)
yes, one have to be login in order to give red/green.
yes, one have to be login in order to give red/green.
more...
snarla
06-25 02:31 PM
Thanks for your replies guys ...
So Pending AOS status is a legal status right?
Also once a person goes to Pending AOS status, can he/she come back to H1B again?
So Pending AOS status is a legal status right?
Also once a person goes to Pending AOS status, can he/she come back to H1B again?
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gc_wow
10-14 09:37 PM
This is not typical, this guy sounds like a scam, ignore..................This is not a family court.According to Mislim crap,you can marry as many as you wanted, you can divorce some saying talak over the phone.This is not some thing rational, stupid muslim crap, i dont understand why every one is eager to help him.
more...
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new_horizon
03-04 10:23 AM
From what I know TN visa is not dual intent like H1B. So you can't continue processing your GC when holding a TN visa.
Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).
Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
Check this link
NAFTA � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)
_______________________
Not a legal advice.
US citizen of Indian origin
Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).
Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
Check this link
NAFTA � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)
_______________________
Not a legal advice.
US citizen of Indian origin
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rbharol
08-30 06:23 PM
Folks in or around Dallas, TX - this is an opportunity for you to go and attend this hearing
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "
DATE: August 31, 2006
TIME: 09:00 AM
Location: University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, Building ECSS, TI Foundation Auditorium, Richardson, Texas.
Contact: 202-224-5225
http://judiciary.senate.gov/hearing.cfm?id=1801
I think they have live webcast... It will be good idea to check online when hearing is going on.
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "
DATE: August 31, 2006
TIME: 09:00 AM
Location: University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, Building ECSS, TI Foundation Auditorium, Richardson, Texas.
Contact: 202-224-5225
http://judiciary.senate.gov/hearing.cfm?id=1801
I think they have live webcast... It will be good idea to check online when hearing is going on.
more...
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GIDOC
07-13 10:56 PM
In my opinion the USCIS and DOS will not get the August bulletin out in time. They have to figure out what to do with the July Fiasco first. They probably will delay this till they fix the July Fiasco.
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rajabeta
12-19 03:12 PM
I took an infopass appointment on 12/13 and met with an IO. All the IO did was to e-mail the service center for FP. I now see two soft LUDs on 12/15 and 12/18 on my I-485. I don't know if these are related to the generation of FP notice or something else.
infopass is not useful for fp. I too tried that way, but didnt help.
if you use the poj, and you are lucky to get hold of IO at the office where your 485 is pending, then they have the authority to create new fp notice and they can also check whether your name check is cleared or not. they will also give you the dates as to when the name check was initiated (this is usually 1 week after your notice date).
infopass is not useful for fp. I too tried that way, but didnt help.
if you use the poj, and you are lucky to get hold of IO at the office where your 485 is pending, then they have the authority to create new fp notice and they can also check whether your name check is cleared or not. they will also give you the dates as to when the name check was initiated (this is usually 1 week after your notice date).
more...
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rxsimha
03-17 01:15 PM
Thanks for posting this link.
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,
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....
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,
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....
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![disneyland paris france. Disneyland Paris, France [xx0311] (6)](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_sfB_AfIRtMuAnMHvZSIJZE4-_2j2zzN5lCEmwAQ0Y_WI6bR27MDpCyYRttUYt6V0b2w85AKq21JuSOnSP1WWoK0UvmbzQf7vHYs2EAG7EYRhqVs1z68kAyNlaBt7Awy1o=s0-d "Disneyland Paris, France [xx0311] (6)")
kondur_007
08-13 04:20 PM
Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
hairstyles at Disneyland Paris!
leo2606
01-18 07:48 PM
I don't think those 2 are related.
If the recession does hit,
will the visa bulletin of every month jump faster?
or will it slow down?
does anyone know?
:confused:
If the recession does hit,
will the visa bulletin of every month jump faster?
or will it slow down?
does anyone know?
:confused:
glus
10-03 12:32 PM
Hi,
I had my FP taken at 9:30AM today. I just checked, and my I485 has a LUD today; immediately after FP were taken. So they did update my case almost immediately after taking FPs.
Regards,
I had my FP taken at 9:30AM today. I just checked, and my I485 has a LUD today; immediately after FP were taken. So they did update my case almost immediately after taking FPs.
Regards,
pmat
01-25 12:44 PM
I can create a spreadsheet on thinkfree.com or any other collaboration site with information about monthly or recurring contributions
All those who have contributed please send me the details via private message so that this thread does not get swamped - I will work on it next weekend.
Thanks ramaonline for your help. Instead of relying on PMs lets open a new thread... The PM folder may overflow -- I think opening a new thread and asking contributing members to respond will be a better idea. Should I open the thread?
All those who have contributed please send me the details via private message so that this thread does not get swamped - I will work on it next weekend.
Thanks ramaonline for your help. Instead of relying on PMs lets open a new thread... The PM folder may overflow -- I think opening a new thread and asking contributing members to respond will be a better idea. Should I open the thread?
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