immilaw
09-14 03:30 PM
I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
Well said.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
Well said.
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bvibhu
08-16 03:04 PM
I think it does not make sense even if you re-file it. Your second application may also take ages to get a receipt. In that case, should we keep re-filing endlessly??? :)
xyz
07-13 08:16 PM
Yes, DREAM Act should not discriminate documented children against the undocumented ones. IV should support amending the DREAM act to include documented children too, since IV is fighting for the issues of legals, law-abiding people like us.
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gdhiren
08-29 10:41 AM
I too am receiving a lot of these questions on about pick-ups/ drop-offs. Can you please start a thread for that purpose?
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
Ok, the thread title has been changed to include the transportation as well.
http://immigrationvoice.org/forum/showthread.php?t=12565
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
Ok, the thread title has been changed to include the transportation as well.
http://immigrationvoice.org/forum/showthread.php?t=12565
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NKR
02-13 09:13 AM
"in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......"
Well, in that case you become a ulta employee and trouble your employer...
Well, in that case you become a ulta employee and trouble your employer...
knacath
10-19 02:45 PM
E-filed on July 17th (NSC)
Received Card mailed e-mail today (Oct 19th)
Received Card mailed e-mail today (Oct 19th)
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sanbaj
05-05 03:26 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
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ivbabu
01-04 01:59 PM
You can bring UP TO 4 spouses on H4 visa. That's why it is called H4. Similarly on F2, you can only bring 2 spouses, Ah...students do not make that kind of money to support more than 2 spouses. USCIS thinks so much about us.
I am just talking out of my A**.
kumar1 & gc_chahiye: your posts made me laugh for more than 10 min. You guys made my day short. I cannot forget this thread at least till this weekend. We need threads like this to easeoff stereotype life and stress
I am just talking out of my A**.
kumar1 & gc_chahiye: your posts made me laugh for more than 10 min. You guys made my day short. I cannot forget this thread at least till this weekend. We need threads like this to easeoff stereotype life and stress
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ak_2006
11-25 01:46 PM
Hi Pappu and IV Sr.Members,
Thanks for the updates and hard work.
Thanks for the updates and hard work.
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sparky_jones
10-02 01:03 PM
I am not sure what a_to_z_Gc is looking for more details, but I would like to now if your case was transferred from NSC to CSC and back.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
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sandy_77
04-24 03:01 PM
I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).
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India_USA
07-13 09:40 AM
Guys, there is real substance to what oscarzumaran says as well......
It is not fair to shout at him unless u understand the issue bereft of any emotions.
I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.
Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.
If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.
We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law
IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed
How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.
Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.
I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)
I think you are missing the point cbpds.........Oscarzumaran is entitled to his opinion and so are others. What many of us are trying to say is that don't express them here. IV team has repeatedly said that antagonizing any other immigration based group (illegal, family based, asylum, even anti immigrants!!) does not help us in our march to get what we want. By talking ill of the other group, we are actually hurting ourselves. Time and time again, it has been proved that being united works better compared to being divided. Why do we want to gain the wrath of any group unnecessarily? Its not like IV is working on undocumented issues........
Anybody can have any opinion he/she chooses to have. But don't share the opinion in a forum where the leaders are requesting/asking not to do so for the good of our advocacy.
And also, IV is for legal immigrants. Period. I don't believe it has a stand on illegal immigration. Period. There is a huge difference between the two.
It is not fair to shout at him unless u understand the issue bereft of any emotions.
I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.
Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.
If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.
We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law
IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed
How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.
Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.
I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)
I think you are missing the point cbpds.........Oscarzumaran is entitled to his opinion and so are others. What many of us are trying to say is that don't express them here. IV team has repeatedly said that antagonizing any other immigration based group (illegal, family based, asylum, even anti immigrants!!) does not help us in our march to get what we want. By talking ill of the other group, we are actually hurting ourselves. Time and time again, it has been proved that being united works better compared to being divided. Why do we want to gain the wrath of any group unnecessarily? Its not like IV is working on undocumented issues........
Anybody can have any opinion he/she chooses to have. But don't share the opinion in a forum where the leaders are requesting/asking not to do so for the good of our advocacy.
And also, IV is for legal immigrants. Period. I don't believe it has a stand on illegal immigration. Period. There is a huge difference between the two.
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Jaime
05-26 10:35 AM
Thanks!
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gc_chahiye
08-10 12:35 PM
Perm filers hate LS guys as they went ahead of line...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
:D also the EB2 guys hate the EB3-EB2 conversions as those guys also jumped to a faster line pushing these EB2'ers back...
Hope enough people show up at the DC rally and IV can get the legislators to do something about all these lines so there is no need for line jumping...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
:D also the EB2 guys hate the EB3-EB2 conversions as those guys also jumped to a faster line pushing these EB2'ers back...
Hope enough people show up at the DC rally and IV can get the legislators to do something about all these lines so there is no need for line jumping...
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desi_voice
04-16 03:58 PM
That is accurate I have done 10+2+1+3
Hi Aroranuj,
Its better to consult Education evaluator and your attorney to get better understanding of what to be done.
Again it depends on Attorney to Attorney, some might differ.
Hi Aroranuj,
Its better to consult Education evaluator and your attorney to get better understanding of what to be done.
Again it depends on Attorney to Attorney, some might differ.
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ansh78
05-15 04:38 PM
I think this is (or should be) for people who have advance degree (e.g. MS/MBA etc) from US universities regardless of EB categories.
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yabadaba
07-31 09:39 AM
I don't know anything else about these cases, was checking randomly and I see cases filed for 5th and 11th have updates.
++++++++++++++++++++++++++++++++++++++++++++++++++ +++++
Receipt Number: lin0720051244
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
====================================
Receipt Number: lin0720551216
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
it doesnt mean anything....u will see receipts from yesterday and today also..please see other threads on decoding the lin/src numbers
in the end it depends on when ur application was opened and entered into the system.
++++++++++++++++++++++++++++++++++++++++++++++++++ +++++
Receipt Number: lin0720051244
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
====================================
Receipt Number: lin0720551216
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
it doesnt mean anything....u will see receipts from yesterday and today also..please see other threads on decoding the lin/src numbers
in the end it depends on when ur application was opened and entered into the system.
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vejella
12-13 09:59 PM
Venky ,
good to hear your positive approach toward future . But realistically , i wonder how long does it take for a new innovation to get outsourced . AS Narayana murthy said , there would not be anything which does not need human contact in coming future that cannot be out sourced ...(not exact words but with same intent :o
Your are thinking under two assumptions:
1. There is nothing left for innovation in the tech field. so no new job creation is expected in the future.
2. There will be more supply of tech workers which will surpass the job creation rate (if in any amount) thereby depressing the wages.
who is to know that your assumptions are correct? :confused:
Whereas the reality is the job creation has been exponentially growing because of emerging technologies and the will to immigrate to US is surely on decrease and add reverse brain drain to it.
but there is increasing work force on the other side world who is dreaming to come here ...so i feel the rate of reverse brain drain will be less that influx as long as the demand exist.
So for next 5-10 years it will become increasingly difficult to find talented people as they will be evaporated from the market because of 65K H1B cap for last 3 years and a huge outflux of talented professionals.
I said this before in my previous posts and i will say it again. I you are worth your salt and know what you are doing, you will be worth your weight in gold in coming years. Stick to the fight and get your GC. :cool:
--- i should stop going to GYM so can i weigh more :o
(BTW, for these opinions, i am inspired by a recent book i read on globalization- The world is Flat by Thomas Friedman. I think it shall be a must read for every H1B to GC applicant)
good to hear your positive approach toward future . But realistically , i wonder how long does it take for a new innovation to get outsourced . AS Narayana murthy said , there would not be anything which does not need human contact in coming future that cannot be out sourced ...(not exact words but with same intent :o
Your are thinking under two assumptions:
1. There is nothing left for innovation in the tech field. so no new job creation is expected in the future.
2. There will be more supply of tech workers which will surpass the job creation rate (if in any amount) thereby depressing the wages.
who is to know that your assumptions are correct? :confused:
Whereas the reality is the job creation has been exponentially growing because of emerging technologies and the will to immigrate to US is surely on decrease and add reverse brain drain to it.
but there is increasing work force on the other side world who is dreaming to come here ...so i feel the rate of reverse brain drain will be less that influx as long as the demand exist.
So for next 5-10 years it will become increasingly difficult to find talented people as they will be evaporated from the market because of 65K H1B cap for last 3 years and a huge outflux of talented professionals.
I said this before in my previous posts and i will say it again. I you are worth your salt and know what you are doing, you will be worth your weight in gold in coming years. Stick to the fight and get your GC. :cool:
--- i should stop going to GYM so can i weigh more :o
(BTW, for these opinions, i am inspired by a recent book i read on globalization- The world is Flat by Thomas Friedman. I think it shall be a must read for every H1B to GC applicant)
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dpp
08-10 03:26 PM
LS is not illegal until the employers sell the labor. LS is legal channel where in employer fill the position with somebody else, if primary applicant it not available for some reason.
But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.
Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.
But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.
Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.
shana04
02-12 04:28 PM
I will like to ask your brain if this could be a problem as i did my H1 B Transfer twice before appling for my I 485 and everything went sucessful my GC sponsering Company is not in good terms they might have even revoke my I 140.
Is there any way to find out if my I 140 was revoked.
I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.
But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.
Can you guys please advice i will really appriciate your help.
Saburi,
please be more precise. when you transfered and when did you file your 485 with company A or B.
Is there any way to find out if my I 140 was revoked.
I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.
But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.
Can you guys please advice i will really appriciate your help.
Saburi,
please be more precise. when you transfered and when did you file your 485 with company A or B.
svrk
08-22 07:52 AM
Hi SMohan,
I am in the same situation as you are, hoping to file EB2 with a dependent who aged out just after EB3 filing. My lawyer yesterday (Fragomen) confirmed that the dependent will get included in the EB2 filing.
Please verify with your lawyer too. Good luck!
I am in the same situation as you are, hoping to file EB2 with a dependent who aged out just after EB3 filing. My lawyer yesterday (Fragomen) confirmed that the dependent will get included in the EB2 filing.
Please verify with your lawyer too. Good luck!
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