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  • dealguy007
    05-12 06:29 PM
    u can stay with A, no problem.

    I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?




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  • tabletpc
    03-30 11:21 AM
    I need to take an apppointment for myself and my wife in May. Unfortunatly few days back I found a mistake in my wife's password and it will take 21 days to get it corrected. I doubt if she can get the passport on time to schedule an appointment for May 2nd week. However I am sure to get wife's new passport by May 2nd week. So I was thinking of taking an appointment using her old PP number and editing the info later.

    Will I be able to edit the PP number later online...?? Or not. greatly apprecite if you could provide some info on this...

    Thanks in advance...




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  • gjain
    11-03 08:30 PM
    I am just wondering if notice date and receipt date combination means anything in terms of when the EAD will be processed?

    I think so since lots of people with receipt date same as mine, who have their EADs approved had an earlier notice date .
    Also other people with same notice date with EADs approved had an earlier receipt date.

    Just trying to gather some evidence here.

    Thanks.




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  • gcformeornot
    07-25 12:10 PM
    ......



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  • Abacus101
    05-12 07:48 AM
    I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.




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  • Butters
    04-24 06:34 PM
    :thumb:



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  • kumar1305
    01-25 03:06 PM
    IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.

    You can also get 7th yr extension with approved labor. With approved I-140 you get 3 yrs of extension.




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  • ujjvalkoul
    10-04 12:18 PM
    It will be better for u to renew ur H1 while here is US....and before ur current H1 expires...unless u want to go to india for some specific reason for 6 months..

    Get it renewed via preium processing..should be done in 15-20 days...then book apptt for VISA in India and go get it stamped.



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  • i_aged_out
    03-22 10:26 PM
    Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks




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  • rpatel
    10-18 11:34 AM
    I think fromnaija got it reversed. I think you can file form I-824 to change your request for adjustment of status (on I140) to consular processing. The processing time for this form is lengthy...and questions may arise why as to you left the country and if the job offer was still valid...epecially if you were working for the sponsoring empolyer at the time of original petiton.

    As far change as changing from consular processing to adjustment of status...I think this is a simpler process..you just file a I485 form when your dates are current.

    Hope this helps.. Good luck



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  • newbie2020
    06-17 08:56 PM
    It all depends when someone applies for the labor, if you had BS+ 5 yrs exp and then did MS +4 yrs if you apply your labor now you can claim MS+9 again the experience at the current employer is not counted.....




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  • fromnaija
    06-21 01:44 PM
    You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
    If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.


    For when you already filed I-485.
    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf


    For when you have not filed I-485
    http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf

    Quote from page 27 of above document when you have not filed I-485

    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).



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  • vaishnavilakshmi
    06-19 02:36 AM
    Hi,

    Eb2 Priority date (priority date-june2004) , I-140 approved
    Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
    1st jun 2007 .waiting for i-140 approval.


    Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????

    Attorneys and members,
    please suggest me,i have only 1day left for decision,

    vaishu




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  • suttu
    01-14 01:18 PM
    There have been cases reported in past on this forum where the PERM approval was lost in mail.

    You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).

    Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.

    Are you porting to EB2?

    Yes i was hoping to port to EB2.

    The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.



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  • ssharma
    06-30 05:06 PM
    Here is a memo from one of the law firms, I found on the net.
    http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf

    After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
    Here's my question.
    - Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

    If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

    thoughts/comments ??




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  • chanduv23
    09-20 11:33 AM
    If you have the valid H1b stamped while your 485 is pending and got RN,FP done,you should not have any issues in POE.So are you done with your FP?? Its always safe you wait for FP and finish it and then decide your travel plans.

    HTH,

    I travelled after 485, got h1b stamping , came baack and recently my checks also got cashed and am looking for the Reciept Notice also.

    I did not have any issues anywhere.

    For FP - you just have to make sure someone is checking ur mailbox so that you will know when FP date comes, and you can postphone FP to a later date when you return



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  • crao_a
    06-26 10:30 AM
    Thank you all for your valuable suggestions...
    My attorney sent a letter with approved I-140 copy to reconsider the decission on I-485. No change in the status online so far (3 days passed). I will wait for another week and apply MTRs for me and my wife.

    Thanks,
    crao




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  • suriajay12
    06-26 08:43 AM
    Hi all,
    Thanks for your time...please help.

    My I-140 Denied couple of months back and I Appealed (I-290B) this decission with all the evidences to prove my exp & employer's ability to pay.
    On June 11, 2009 I got the email from USCIS saying my I140 was approved On June 11, 2009.

    But, on June 10, 2009 (previous day) USCIS denied my I485 as well as my wife�s I485. Please let me know, how to reopen both of these�

    Thanks for your advice,
    crao

    To my knowledge, this can be expected when 140 gets denied.. But when you get your 140 approved by MTR or other, you can initiate a process to re-instate the 485 and other which were filed before. Talk to a good attorney and I'm sure you'll be OK.
    Take it easy and you'll be OK. Dont panic.. I have read that its not unexpected..




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  • fcres
    01-10 02:33 PM
    When i saw the smiley next to the subject, i thought it came out and there is significant movement :(




    jonty_11
    06-25 05:35 PM
    Didnt they just abolish labor substitution?????




    needhelp!
    11-12 06:29 PM
    Sent.
    All, please do this. Lets stop this trend before it comes and bites all of us.



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