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amitjoey
03-09 03:40 PM
For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).
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Rudra
04-18 01:13 AM
THose who have filed with the Premiumproceesin as option are getting notifications. The rest will get it relativlely later. As UScis says the notification dates would not be later than June. has any one got back their applications? :confused:
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pappu
07-26 10:55 AM
pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.

no my point was--

is there an expiry date for labor approval if 140 is not filed?
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black_logs
10-27 11:06 AM
Yes they keep the originals and send it back with your passport, atleast they did in my case. I went to consulate in N. Delhi
My wife went for H4 visa stamping in New Delhi embassy ...
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morchu
06-01 04:44 PM
If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

Thank you for your immediate reply. I have 2 more questions as below :

My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.

1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

3. My families also need to re-enter to USA at the same time ?

Hopefully, I am able to explain my occurred situation correctly.

I need your valuable suggestion pls.
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saimrathi
08-02 01:41 PM
Yes, copies should be fine..IMHO only, you can check with a lawyer though.

Gemini,

Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.
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immi_enthu
08-28 11:44 AM
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=6611023531&r=6611023531#6611023531

Attorney_8
posted August 11, 2006 11:29 AM
--------------------------------------------------------------------------------
The employee must sign the 9089 once it is approved in order to get the I-140 approved.


http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=7431057041&r=7431057041#7431057041

Attorney_13
Attorney posted December 02, 2006 10:55 AM
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The Beneficiary of the LC is required to sign the original, certified LC. There are no other documents that the Beneficiary will need to sign associated with the filing of the I-140. All other forms/letters are signed by the company.
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yabadaba
06-29 10:07 AM
^^^^
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asiehouston
09-05 09:19 PM
I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......

THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!

Everything else is Correct (address, DOB, A# etc...)

GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20
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hate_me
03-28 10:41 AM
Amount: $100
Receipt ID: 8XN17151GH219590E

This was yesterday and I had posted it in another thread
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newbie2020
04-24 12:32 PM
Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary

and the members of the sub-committee:
http://judiciary.house.gov/committeestructure.aspx?committee=4

What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).


Guys, if you notice the list of commitee members, You can see there are many democrats from California and many republican members from Virginia. This is an important info, We should focus on enlighting these members by flower campaign or letter campaign or maybe phone campaign, Members from California/Virginia can you talk to these representative offices or send emails..
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authrd
08-22 12:52 PM
This has been bugging me for a while now. I applied for I-485 in July 2007.

I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.

Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.


I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.

Any thoughts.

Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.

I want to be proactive and get other documents ready if that is what it'll take.
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GCSOON-Ihope
06-14 04:57 PM
On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:

Or by luck of the draw?:cool:


The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
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Suva
07-20 01:51 PM
I agree too.

Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

Please draw your own conclusion(s).



By the way,

*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
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pcs
07-31 01:51 PM
Please share the info


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GCBy3000
07-26 11:08 AM
It says "which was ordered to lie on the table"

lie on the table = next to dead = already in mortuary = some miracle could pull this back to life.

Anyhow Kudos to Cornyn. Arise , Awake and stop not till the goal is reached. he was beaten several times to death with all his amendments, but still I am seeing him with full of energy when it comes to EBs.
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Raju
07-04 09:32 PM
My state in four lines

1) Came to US on F-1 Visa, never completed my masters

2) Shifted to H-1B and i have been with the same client and havent been to India for four years.

3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.

4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping

But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.

But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.

I had so many hoped on the current numbers . Any idea guys what can i do?
Dont panick man. Your should not have a problem with H1 stamping!
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glus
06-07 08:08 AM
The only option you have is to get into the U.S. and start working for the employer who sponsored your H-1B. After you establish that you work for the employer, you may start looking for another company, who can then do a transfer with H-1B extension for you, or you can ask your original employer to file extension of H-1B for you. In either case, you did not loose any of the 6 year time. The time starts counting after you enter U.S and are in H-1B status.
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Winner
04-23 12:46 PM
Raj,

Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.



Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.

Please don't start a fight here. Please try to respect each other in public forums.
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trueguy
07-17 11:06 AM
Admin should have closed this thread by now.

Thanks.
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starseed
08-20 08:50 PM
Let us know what you find out from your subsequent calls or infopass appointments.

See my most recent and related post here http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/394381-ead-approved-for-only-1-year.html
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