Turtle Tattoo Designs

I filed my 140 on July 2nd though the notice date is Sep 24th. (It went to NSC->CSC->NSC).

Should I be on the lookout for Sep 07 for the processing date? Will they work on my application when the processing date says July 07?

As long as a person is meek and weak, that's what we get - Nothing. With AOS pending, every person in most states are bound to get 1 year renewal..Period. Be forceful but polite in expressing it. Take it to the next level - Supervisor.Ask what they mean or definition of "old I-485". Tell them you are Paying all Taxes (Federal, state, Social, Medicare.... ).

By the time you come hear, mostly probably, the agent might have approved a 1 year Renewal.

Seems FAIR is slowly creeping into DMV also.

Hi,

My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.

While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.

So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?

Thanks.

Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.

Consult a good lawyer without any further delay. If you are out of status then it's problem for GC also.

PLEASE CONSULT A GOOD LAWYER TODAY ITSELF.

This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.

If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.

Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.

The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.

Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

should be:

Priority date is defined in two ways -

a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

or

b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.

Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:
I guess that is teh only option u have...

I received Green card approval email from USCIS even though my PD is not current

Last month I had changed my address online and USCIS bymistake updated my I-485 status to approved.
I received the Green Card approval email from USCIS. I checked my status on USCIS.gov it says my case has been approved and card production has been ordered.
The only document I have received from USCIS is for the correct address update notification. The letter states that, they have updated my Address successfully.

I have still not recived any GC as it has been over 3 weeks now. I would like to get back my status which was pending.
What should I do in this case?

open a infopass, go to a local service center, they will schedule and u get it done, Dont loose this great chance.

I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.

We have already sent the reporter an email on behalf of IV.

And, also please note that IV does not have anything against Illegal aliens. We are sympathetic to their cause but have no opinion regarding amnesty for illegal aliens

If someone wants to go to this protest/write to the reporter, do so in individual capacity please (do not claim to represent IV).

Even though your wife is not taking salary, if she is owner of the business, she is considered "paid". In the worse case scenario, your wife will have to stop working till you get EAD or you can use protection 245(k) i.e. illegal employment for less than 180 days.

If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)

Cheers

ArkBird

Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

Pls reply
Thanks in advance

AC21 is quite tricky. There is no hard and fast rule that if the ONET number is similar, USCIS will automatically rule in favor of the change. IO's will still look at the details of each job requirements and will check if it matches the requirements in the Labor Certification.

ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.

If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.

Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)

Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.

They will check for ability to pay and other checks the they do at 1140 stage again.

Good luck

cinqsit

Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.

There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.

There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?

I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.

How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?

Even if it is close to that 2020 do not get surprised

Congrats!!!

If you can post interview details it will be very helpful? and also details abt ur night stay the hotel etc.

I'll be there and will try to bring friends.

Did you see my comment on this shot in the gallery, because I said the same exact thing "ask and you shall receive". Anyway, like I said there, great shot, Anders would be proud. ;)

Thanks for your replies. The additional thread did throw some light.

Is there any statistic (or guess-timates) for how many people are waiting for their green cards ? by nationality, EB category, Priority Month etc.

If there is sufficient time left on H1B, can one go for stamping at consulate although I485 is filed.

Yes. H1-B stamping has nothing to do with I-485 filing.

Please do some research before posting any question. Thanks!


Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

----------------------------------
Permanent Resident since May 2002

My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible