nlssubbu
07-24 06:54 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
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Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
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peer123
07-18 07:36 PM
just bumping it up......
sweet_jungle
12-04 04:56 PM
Next year in July when we will become current, it will again become a game of probability. Because of the 2 specific issues I mentioned, we will have a slightly lower probability of our cases getting picked up. So, I am trying to be pro-active to address these specific issues. The issues definitely need to be fixed as these are glaring glitches in the USCIS file transfer system. I am thinking that we can draft a letter and all affected people can write to Ombudsman. Let me know what everybody thinks
I fail to see why these cases you are referring to are any worse off than many others.
I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.
I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.
We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.
I fail to see why these cases you are referring to are any worse off than many others.
I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.
I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.
We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.
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kishdam
02-01 01:37 PM
Friends / Gurus,
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Hi Shana,
I am going thru same thing, my situation is a bit different. My current company (Company A) is big public company and they sponsored my GC - labor+I140+I485. So the company attorney dont have any responsibility towards me and they rarely talk to me - even when they talk they talk as if I am the enemy.
Now I am planning to use AC21; interviewed at couple places. Have one offer - talking to employer regarding my EAD/AP/485. Their initial reaction is to use EAD and they would renew it. They were not talking about 485. Have another chat with them on Monday but I am confused what to ask. I am leaning towards having my own attorney to answer any RFE's and to renew EAD/AP. I will request the new employer to commit to providing any documents that I may need. Not sure if it works. If it doesnt I may go with their attorney if they agree to take over my 485 (to answer any RFE's) and renew EAD/AP annually.
(note: please see your PM)
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Hi Shana,
I am going thru same thing, my situation is a bit different. My current company (Company A) is big public company and they sponsored my GC - labor+I140+I485. So the company attorney dont have any responsibility towards me and they rarely talk to me - even when they talk they talk as if I am the enemy.
Now I am planning to use AC21; interviewed at couple places. Have one offer - talking to employer regarding my EAD/AP/485. Their initial reaction is to use EAD and they would renew it. They were not talking about 485. Have another chat with them on Monday but I am confused what to ask. I am leaning towards having my own attorney to answer any RFE's and to renew EAD/AP. I will request the new employer to commit to providing any documents that I may need. Not sure if it works. If it doesnt I may go with their attorney if they agree to take over my 485 (to answer any RFE's) and renew EAD/AP annually.
(note: please see your PM)
more...
cinqsit
02-02 08:56 PM
My I-140 and I-485 also has different A numbers. I had 2 more approved I-140s which has different A numbers as well. How and when will get consolidated to a single file?
Gurus who have more insight into this process, please enlighten us.
Thanks -
I think its ok to have different A#'s except when you are trying to get your I-485 adjudicated and you want to use the earliest PD from your multiple I-140's.
I think its easier for USCIS to consolidate your I-140's and 485's into a single A-file
if they all have the same A number
There is no easy way to consolidate all your I-140s and link them to your I-485 - get infopass, contact IO, get congressperson or senator involved, write to the ombudsman etc people have tried various means and no one knows what clicked for them - but
something does work!
Most of the times they will accept your request only if you are current (according to your earliest PD - if you have multiple I-140s)
cinqsit
Gurus who have more insight into this process, please enlighten us.
Thanks -
I think its ok to have different A#'s except when you are trying to get your I-485 adjudicated and you want to use the earliest PD from your multiple I-140's.
I think its easier for USCIS to consolidate your I-140's and 485's into a single A-file
if they all have the same A number
There is no easy way to consolidate all your I-140s and link them to your I-485 - get infopass, contact IO, get congressperson or senator involved, write to the ombudsman etc people have tried various means and no one knows what clicked for them - but
something does work!
Most of the times they will accept your request only if you are current (according to your earliest PD - if you have multiple I-140s)
cinqsit
getgreened2010
11-22 12:04 PM
Thanks guys. I guess I need to change my flight at the last minute.....!
more...
vivekjay
03-05 04:20 PM
This is a classic example of election year posturing where republicans want to look tough on immigration. This bill will head straight down the trash.
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Legal_In_A_Limbo
01-15 10:11 AM
Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.
My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.
So what you suggest what should be my bext step.
My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.
So what you suggest what should be my bext step.
more...
test101
07-09 11:33 PM
email people wh said they will join the DC rally. sorry i'm far far away in MA can not make it
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alterego
06-19 12:05 PM
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
more...
acecupid
08-27 10:15 AM
Definitely possible. I know collegues in my company who have done that.
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ashkam
11-29 01:38 PM
I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates
Just wondering if some one else in the same boat not receiving emails.
I have given my hotmail email ID, if that matters ?
Any Idea ...
It does work and they only send an email for a hard LUD (when there is a material change in status).
Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates
Just wondering if some one else in the same boat not receiving emails.
I have given my hotmail email ID, if that matters ?
Any Idea ...
It does work and they only send an email for a hard LUD (when there is a material change in status).
more...
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GCA
07-12 12:25 PM
Barking dogs seldom bite. He is just another Lou Dobbs Please ignore him. There is no way he can change the right to cictizenship for children born in the USA. It is next to impossible since it is a part of the constitution. It is very difficult to change something that is linked to the constitution. So, ignore this "BARKING DOG."
Just on the lighter side...
Definitely not when biting!!!..
So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..
Just on the lighter side...
Definitely not when biting!!!..
So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..
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TO BE OR NO TO BE
10-22 08:33 AM
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
more...
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Narend
10-27 09:17 AM
Hello,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
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akkakarla
09-01 06:09 PM
I was interviewed in July 2008 at San Jose office and before that in Oct 2005. I went to the San Jose Local office with Infopass Appointment and only disappointment news. When they interviewed and determined it as pending visa number availability it means pre-adjuducated. Now they are saying they have to locate the files and this is 3rd time they are doing this. I lost my cool and fired back at them saying incompetent to work there.
The files are not going back to service center. They will not be kept at the officer room but will be stored in a room somewhere in the office. This is the problem there is no standard process. Think people who got their cases moved to local office are cursed.
Can anyone please tell any other approvals from local office and if so what are the steps they took to get to the approval process. Any tips will really be helpful.
The files are not going back to service center. They will not be kept at the officer room but will be stored in a room somewhere in the office. This is the problem there is no standard process. Think people who got their cases moved to local office are cursed.
Can anyone please tell any other approvals from local office and if so what are the steps they took to get to the approval process. Any tips will really be helpful.
more...
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snthampi
05-04 05:52 PM
Why don't send them an email stating that the project ended after 4 months? Don't forget to CC company B.
If the project ended, then you are not getting paid for that project anymore. So, that itself is your proof, in case you receive a legal notice. So, stop worrying.
If the project ended, then you are not getting paid for that project anymore. So, that itself is your proof, in case you receive a legal notice. So, stop worrying.
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harryom
09-07 10:06 AM
Thanks for update!! But USCIS Receipt updates says they have already issued receipts till 07/26/07....
Dood...
Nothing to worry - Receipt Notice(s) will be issued when they will be issued. We can do nothing about it. I'm in the same boat - My application was mailed on Jul 24th and received on Jul 25th. No news so far - My Lawyer says, we should wait another month or so...
Take part in the Rally - It is our Cause!!!
Dood...
Nothing to worry - Receipt Notice(s) will be issued when they will be issued. We can do nothing about it. I'm in the same boat - My application was mailed on Jul 24th and received on Jul 25th. No news so far - My Lawyer says, we should wait another month or so...
Take part in the Rally - It is our Cause!!!
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GCNirvana007
04-07 05:15 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Good stuff buddy.
Immigration forum can always make an exception for job opportunities/sharing. I remember seeing a thread dedicated to it as well. Best thing to do, help each other.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Good stuff buddy.
Immigration forum can always make an exception for job opportunities/sharing. I remember seeing a thread dedicated to it as well. Best thing to do, help each other.
sledge_hammer
06-25 11:07 AM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
garybanz
09-27 11:03 AM
My EAD cheques got encashed today. I had sent a single cheque for myself and my wife. I do notice two LIN numbers on the back of the cheque. BUT when i search for those numbers on USCIS website its says number DO NOT exist in the system. Has anyone faced similar issue?
Thanks
Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?
Thanks
Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?