gcisadawg
06-26 01:16 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
wallpaper Golden Retriever Dog Breed
MrWaitingGC
12-08 07:56 PM
I suggest dont change till you get your GC.
If you end in Name verification loop you will be furthur retrogressed on top of this retrogression.
If you end in Name verification loop you will be furthur retrogressed on top of this retrogression.
nlssubbu
03-22 01:34 PM
Thanks guys for reading such a big article and taking time to know against whom we are really fighting for. I hope every one read this article and know the people behind the scene, their intentions, the power and clout they have.
This may help all of us to be united to fight against such powers leaving all our diferences for a good cause, which is a herculian task.
I only hope all members of IV stand united to achieve success.
Good luck and all the best,
nlssubbu
This may help all of us to be united to fight against such powers leaving all our diferences for a good cause, which is a herculian task.
I only hope all members of IV stand united to achieve success.
Good luck and all the best,
nlssubbu
2011 Dog - Golden Retriever
gotgc?
03-05 02:26 PM
bumping
more...
Dhundhun
01-17 10:38 PM
Not normal, but what about I140 approval?. It is part of that and must be there. Did you apply I140 and I485 togther? If yes, it may be missing because of processing backlogs.
GotGoose?
04-26 08:12 AM
Very nice - I like the green one a lot too.
more...
am4gc
01-17 12:56 PM
WAC numbers means they are in california center. you can check the status typing this WAC number in
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=ciau4ahASQxb
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=ciau4ahASQxb
2010 Golden Retriever Puppy in
nozerd
12-01 02:02 PM
If I live in Canada but commute daily to work in US (Windsor/Detroit) can I file I 485 in US instead of consular processing ?
Thanks
Thanks
more...
Devils_Advocate
05-07 01:10 AM
As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.
hair Golden Retriever Dog Breed
gotgc?
03-05 02:26 PM
bumping
more...
kilubilu46
07-24 10:20 PM
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
hot Picture of Dog - Golden
s_r_e_e
07-09 12:23 PM
google
http://wiki.answers.com/Q/How_long_can_a_US_citizen_stay_abroad
http://wiki.answers.com/Q/How_long_can_a_US_citizen_stay_abroad
more...
house Golden Retriever puppy – 3
Munna Bhai
07-12 09:59 AM
I don't think you can delete just close it.. so that no one will post it again in this thread., you can see the close button if you are the owner of this thread.
Thanks
admin, please close this thread, I already opened another one. I don't know how to do!
Thanks,
Thanks
admin, please close this thread, I already opened another one. I don't know how to do!
Thanks,
tattoo Golden Retriever
hibworker
05-16 01:24 PM
Do i have to leave the country? isnt there another option?
As mentioned earlier, you will be out of status so leaving the country for 15 days is the best option.
You can also apply for extension of H4 from 15 Sep. The problem with that will be of timing. If your H4 gets approved after H1 then you will be in H4 status from Sep 15. In that case you will have to again apply for change of status to H1.
As mentioned earlier, you will be out of status so leaving the country for 15 days is the best option.
You can also apply for extension of H4 from 15 Sep. The problem with that will be of timing. If your H4 gets approved after H1 then you will be in H4 status from Sep 15. In that case you will have to again apply for change of status to H1.
more...
pictures Golden-Retriever-Puppy-7.
vaishnavilakshmi
06-22 11:20 AM
Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?
Thanks
Yes,
Yes u need to submit only scanned copies/photocopies to uscis along with i-485.And keep originals with u.U might be asked to show the originals only at the time of interviews and also incase if they have sent u any RFE.
I too submitted the scanned copies as per my lawyer's instructions.
cheers,
vaishu
Thanks
Yes,
Yes u need to submit only scanned copies/photocopies to uscis along with i-485.And keep originals with u.U might be asked to show the originals only at the time of interviews and also incase if they have sent u any RFE.
I too submitted the scanned copies as per my lawyer's instructions.
cheers,
vaishu
dresses Golden Retriever adult dogs amp;
tinamatthew
07-18 03:50 PM
Hello everyone and thank you IV for all your great work. Much appreciated.
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps
more...
makeup Old Golden Retriever Puppy
vivaforever
08-08 02:24 PM
Wake Up NSC Campaign !
girlfriend The Golden Retriever is a
kghoshal
11-22 07:17 PM
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
hairstyles 6-week-old Golden Retriever
carbon
03-12 06:25 PM
Today I found my frustration transform into creativity.. so I've created this program (instead of doing some actual wrork) for you to enjoy!
Life of an American
========================================
live(){
while(1){
work();
money = earn();
enjoy(money - taxes + government_benefits);
}
}
Life of H1B Worker:
========================================
live(){
visa = getVisa();
while(1){
if(visa == valid){
work();
money = earn();
money = money - send_some_home - save_some - taxes
- visa_expenses - travel_expenses; /// - immigration_voice_contributions; :)
if(money > 0){
if(PD == CURRENT && talented_spouse_not_on_H4){
enjoy(money);
}
else{
spend(money);
suffer();
}
}
}
if(you_want_to_travel){
stamping();
}
if(isVisaGoingToExpire()){
if(renew(visa) == failed)
goto the_end;
}
if(laid_off)
goto the_end;
}
the_end:
pack_your_bags();
go_home();
}
sub enjoy(){
buy_a_house(money);
buy_a_new_car(money);
go_on_a_vacation();
jump_jobs_like_a_kangaroo_or_start_your_own_compan y();
get_promotions();
}
sub suffer(){
no_raise();
no_hope_for_promotion();
let_them_exploit_you();
cant_do_long_term_planning();
watch_others_progress();
predict_visa_bulletines();
check_visa_bulletines();
check_immigration_voice_dot_com_every_day();
blame_everybody_except_yourself();
}
sub renew(){
if(visa.age > 6){
if(aproved_I140){
visa_expiration_date += three_years;
}
else if(approved_labor){
visa_expiration_date += one_year;
}
else
return failed;
}
return passed;
}
sub stamping(){
go_home();
wait_in_line(hours);
talk_to_snobs_at_the_embassy();
show_same_documents_thousands_of_times();
return;
}
Life of an American
========================================
live(){
while(1){
work();
money = earn();
enjoy(money - taxes + government_benefits);
}
}
Life of H1B Worker:
========================================
live(){
visa = getVisa();
while(1){
if(visa == valid){
work();
money = earn();
money = money - send_some_home - save_some - taxes
- visa_expenses - travel_expenses; /// - immigration_voice_contributions; :)
if(money > 0){
if(PD == CURRENT && talented_spouse_not_on_H4){
enjoy(money);
}
else{
spend(money);
suffer();
}
}
}
if(you_want_to_travel){
stamping();
}
if(isVisaGoingToExpire()){
if(renew(visa) == failed)
goto the_end;
}
if(laid_off)
goto the_end;
}
the_end:
pack_your_bags();
go_home();
}
sub enjoy(){
buy_a_house(money);
buy_a_new_car(money);
go_on_a_vacation();
jump_jobs_like_a_kangaroo_or_start_your_own_compan y();
get_promotions();
}
sub suffer(){
no_raise();
no_hope_for_promotion();
let_them_exploit_you();
cant_do_long_term_planning();
watch_others_progress();
predict_visa_bulletines();
check_visa_bulletines();
check_immigration_voice_dot_com_every_day();
blame_everybody_except_yourself();
}
sub renew(){
if(visa.age > 6){
if(aproved_I140){
visa_expiration_date += three_years;
}
else if(approved_labor){
visa_expiration_date += one_year;
}
else
return failed;
}
return passed;
}
sub stamping(){
go_home();
wait_in_line(hours);
talk_to_snobs_at_the_embassy();
show_same_documents_thousands_of_times();
return;
}
CHHAYA
09-27 07:36 AM
My Father is applying for Citizenship in Nov 10. If he becomes Citizen then can I file I485 under F3(married sons and daughters of citizen parents). Category and port priority date of May 03 from my employment base I-485 to I-485 under F3?
pcs
01-25 10:00 PM
AP means, he is pre authorized to come back. Talk to some guys & wait to see some more replies at thou is forum. Ask your friend to block seats till you get more clarity.
Best of luck.....
By the way, pease stay active with IV & help our / your cause by getting more active members & contributions
Best of luck.....
By the way, pease stay active with IV & help our / your cause by getting more active members & contributions
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