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Are both of these I-140s on the same labor cert?

Whats the RFE about?

What does your lawyer say? Ignoring the RFE does not seem right, at minimum you should contact USCIS and explain the situation to them.

thanks for responding.

Yes, both these 140s are on the same labor certification.

I haven't received the actual RFE yet, just received an email from CRIS indicating that they need additional information.

I am going to contact my lawyer today and will find out what he thinks we should do. I completely agree with you, I should inform USCIS as well about the situation. I just don't know if situations like these are normal or not?

Do you have any other suggestion? Thanks again!

PD is Nov 2004 (transferred from a previous EB2 filing).
RD is July 29, 2007

May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.

First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.

At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.

ronnie is right, using EAD even for a part-time job means losing your H1 status.

Since your attorney is not filing (No G28 is filed when you DIY). I did this and I got approval for both EAD/AP in a month's time.

I realize the miscommunication on my part so I apologize to my previous post that i didnt understand the reply.
I meant to ask if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer .As a dependent I am aware that I can be without a job.
EB3 PD is Feb 2005
I 140 approved filed 02/2006
I485 07/2007
RFE for EVL April 2009 submitted

Poll is asking only about filing. What about people who already filed 485 and then retrogressed?

Hi folks,
Does anybody know if there is a receipt for I-140?
I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:


+++++++++
yes you do get a Receipt notice of I140. ask your lawyer, it is ok. they can even emai you a copy.

I got laid off recently.

Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?

Go with consulting company.They will cooperate for your green card filing in EB-2. Any full time job never gaurantee green card.

Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.

Probably it is the pre-adjudication. I had soft LUDs on mine and spouse's 485 for the last 2 days. Recently got my I-140 approved.

Not sure why there is an LUD on your travel document.

Hi,
I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are

1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?

2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?

3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?

Gurus, please comment the pros and cons of this.

Can anybody recommend a good attorney in the DC metro area, I am trying to start the GC process and as I understand the LC (EB3 ROW) portion is very important and challenging currently.

I've heard of Murthy Law Firm and some other big name (in DC).
I've also looked at Ryan & Taylor based in Reisterstown, MD (same as Murthy).

thanks for your help!

-dan

now u guys made me hungry... fark...For man bacon!? Gross!

Such hard times are good times for becoming entrepreneurs who in turn provide more jobs for those who lost their livelihood

http://finance.groups.yahoo.com/group/ivstartup/

Hey guyz...

Lets start our thread...oh! Ya...we are stuck in immigration hurricane season as well:)

I am from NOLA

Thankyou.

My main worry is that since I dont have a copy of the I-140 approval from old employer, Is there a way the new employer can ask USCIS to look up that case(I have a copy of the receipt)?

I think you can apply for I-140 with a copy. As far as I know, you cannot use premium processing though.

Hi guys
thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
Which is correct? Any help.
thanks

I485 approved means GC Approved.

had same issue when i applied, last july. Attorney said H4 receipt missing shouldnt be a problem.

WOW I'm sorry to hear this, I was on the same boat so I can understand. There's nothing you can do. Your employer or attorney can try to contact DOL. I filed May 07 as well, they audited and after replying nothing happened for a very long time. And then out of the blue they approved March of 08. My attorney said there's nothing we can do other than wait as they were auditing left and right, specially EB2. Eventhough my attorney send letters requesting updates they never responded.

I guess I was extremly lucky to finally get approved.

What abt Medical RFEs ? Are they sent only when your dates are current ?