GCHope2011
09-12 11:01 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
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surabhi
05-21 09:29 AM
(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
rajnag21
07-17 05:51 PM
First of all thanks to IV core team,logiclife,pappu and all the others who have made this possible for the rest of us !
As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.
As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.
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h1techSlave
04-09 09:53 PM
While listing the house the seller signs an agreement with the agent that they would go thru that agent. So directly dealing with the seller may not be an option. Now, there are home selling agencies who charges a fixed amount ($3000). And some times the seller tries to sell the house directly; in that case they would not be able to list the house in the MLS. Hence many sellers do not go this route.
and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.
and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.
more...
rajivkumarverma
10-16 07:18 PM
Sorry to hear about ur denail .I've been through this .Unfortunately u cant fime MTR bacause it has to be within 30 to 33 days of denail depending how u get ur denail notice .U can file an apeal but that will take more time then filing a new 140 and getting spproval .I dont know if u can use old labour .If u can use old labout then better to file new 140 with approved labour .If u cant use old labout then apeal may be batter becaue more n more labours are goin to audit and endless delays .
hope it helps .
Hi Talash
If I file my new labor and I-140 will I lose my old priority dates
hope it helps .
Hi Talash
If I file my new labor and I-140 will I lose my old priority dates
hasil
09-29 01:04 PM
I don't know how you can generalize like that. Sure that I was also burnt by a Desi company. But that is no excuse to say that All Desi company's are like that. I am sure this topic is very well discussed in some other thread. I am posting this as I am surprised not to see somebody jumping in against such generalizations.
So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)
Chill man. I am just sharing my experience and giving practical opinion. If it helps you then thats fine else just ignore and move on. :)
So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)
Chill man. I am just sharing my experience and giving practical opinion. If it helps you then thats fine else just ignore and move on. :)
more...
saurav_4096
03-14 11:22 AM
I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.
Hi nfinity,
I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
1. mumbai consultate,
2. POE
3. If you have any additional tips.
Thanks
Saurav
Hi nfinity,
I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
1. mumbai consultate,
2. POE
3. If you have any additional tips.
Thanks
Saurav
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Steve Mitchell
March 23rd, 2004, 03:14 PM
Actually a 300mm from the stands would yield some great shots. I hope you can make it happen.
I am trying to score the publisher's courtside tickets for the Heat game. I'll bring a 300 to the game and see if someone says something from the sidelines there.. :-)
I am trying to score the publisher's courtside tickets for the Heat game. I'll bring a 300 to the game and see if someone says something from the sidelines there.. :-)
more...
Steven-T
February 20th, 2004, 11:13 AM
Oooops, too late. All got before lunch break. Next will be better and cheaper.
Steven
Steven
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ravi_hyd
10-26 06:41 PM
I filed mine on July 27th. Still no EAD for me or my wife. :(
Where did you sent your application?
Where did you sent your application?
more...
rsrikant
07-20 10:17 AM
sorry for that
i can open it...
i can open it...
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vin13
04-08 12:36 PM
Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?
Don't you think the person going on a cruise should make an effort to check this out with the cruiseline?
Many of you have probably been to niagara falls and been on the boat that takes you close the falls. If the boat by mistake goes even an inch over the canada side of the water, they will check your passports and visas before letting you into US side.:D
Don't you think the person going on a cruise should make an effort to check this out with the cruiseline?
Many of you have probably been to niagara falls and been on the boat that takes you close the falls. If the boat by mistake goes even an inch over the canada side of the water, they will check your passports and visas before letting you into US side.:D
more...
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validIV
04-27 02:58 PM
My I-140 receipt date is Feb'20 2009..
Dont you mean 2008 like it says on your profile?
Dont you mean 2008 like it says on your profile?
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meridiani.planum
07-11 04:05 AM
In case his I-140 was approved then there are no problems for this scenario right?
yes if I-140 is approved it makes a world of difference:
- keeps his GC process alive even if he changes employers since he is past the 180 day mark of 485 filing.
- he gets a 3 year H1 extension/transfer if his PD is not current.
thats the reason I advise him to hang on until the I-140 comes through; esp since he has a 2004 PD and its an utter waste of four-five years if that goes.
Even if employer is not treating you well, hang in there and smile; your turn to get even-steven will come soon enough.
yes if I-140 is approved it makes a world of difference:
- keeps his GC process alive even if he changes employers since he is past the 180 day mark of 485 filing.
- he gets a 3 year H1 extension/transfer if his PD is not current.
thats the reason I advise him to hang on until the I-140 comes through; esp since he has a 2004 PD and its an utter waste of four-five years if that goes.
Even if employer is not treating you well, hang in there and smile; your turn to get even-steven will come soon enough.
more...
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akred
07-14 06:31 PM
You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.
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abc
11-06 06:09 PM
No need to register PIO kid till 15 years of age.
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Phogs
06-23 10:00 PM
You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.
DID THE SAME THING! WENT TO TIJUANA, MEXICO FOR STAMPING. T'WAS PRETTY QUICK AND EASY. MAKE SURE ALL DOCUMENTS ARE LEGAL THOUGH... ANYBODY GOING TO TIJUANA? MAKE SURE TO VISIT PLAZA DE LOS HEROS..CHEAP CORONA BEER THERE, JUST A BUCK A PIECE, WHICH I INDULGE AFTER GETTING MY VISA STAMPED... :D
CAUTION: MAKE SURE THAT UR SOBER AT POE!!! :D
DID THE SAME THING! WENT TO TIJUANA, MEXICO FOR STAMPING. T'WAS PRETTY QUICK AND EASY. MAKE SURE ALL DOCUMENTS ARE LEGAL THOUGH... ANYBODY GOING TO TIJUANA? MAKE SURE TO VISIT PLAZA DE LOS HEROS..CHEAP CORONA BEER THERE, JUST A BUCK A PIECE, WHICH I INDULGE AFTER GETTING MY VISA STAMPED... :D
CAUTION: MAKE SURE THAT UR SOBER AT POE!!! :D
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indiablues
12-28 08:31 AM
Thank you everyone for the reply.
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Munna Bhai
01-08 03:25 PM
How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !!
kaarmaa
05-04 09:01 AM
I just transferred to a new employer in my 7th year. All you need is a copy of the approved I-140.
DO not give a notice to your current employer until the new H1 is approved. Also, apply for premium processing.
DO not give a notice to your current employer until the new H1 is approved. Also, apply for premium processing.
ravi_hyd
10-26 10:53 PM
RD Texas: 3rd Aug
AP - Case pending
FP- Not Received
EAD - Card Prod. ordered
AP - Case pending
FP- Not Received
EAD - Card Prod. ordered
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