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gcformeornot
09-25 03:41 PM
Hello,

I had taken advantage of concurrent filing. I have I-140 approved and I-485 pending for more than 180 days. I already have my EAD.

Rumours are that my company is in the process of layoffs. Can anyone enlighten me on my options?

1. Can the employer revoke my I-140? YES
2. If so, will I loose my PD and have to restart my GC process? Once 140 approved you would not loose PD. Also since its more than 180 days, you are protected under AC21 provisions.
3. Do I have to invoke AC21 immediately? IMHO YES
4. What options do I have to keep my current file alive?
5. Any situation I need to be aware at this point?You should look for new job asap. Also get a EVL from new employer. USCIS is known to act on 140 revokation

Appreciate your response!..
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snathan
08-25 10:54 PM
Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.

Yes. thats the law.
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desi3933
06-22 08:23 AM
I-485 can be rejected if filed with incomplete initial evidence.

Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word “Sorry”.

It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA

Not a legal advice
----------------------------------
Permanent Resident since May 2002
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jthomas
06-02 10:47 AM
where can i download photoshop from?
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lxz2011
12-19 12:04 AM
I came here with my dad and mom. My dad's I-485 was denied because his I-140 was revoked. He appealed but it was dismissed. With the principle application denied, everything for me and my mom was also denied. Because I was just a child I really had no idea what was going on. However flipping through all the family documentations I don't see any deportation orders, I only see something that says we no longer has a valid non immigrant status and the district office has jurisdiction over issues of departure.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant? Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
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gcseeker2002
11-05 01:08 PM
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H1bslave
10-23 01:36 PM
Please check you PM.
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CHHAYA
04-19 10:14 AM
My PD is now current and I'll be filing 5/1
PD 5/03 EB3 ROW
Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.

MINE PD IS ALSO 5/03. R U SURE THAT WE CAN FILE NOW? WHAT IS CURRENT PD FOR INDIA NOW?

THANKS
CHHAYA
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ganguteli
07-23 10:10 AM
Please share your experience with purchasing tickets online from sites like makemytrip.com. chepoairines.com etc kinda sites verses travel agents.

I am planning to go from New York to New Delhi after 2-3 months and exploring options. Recently someone I know came from India and paid only 1.5 Lakh rupees for 5 tickets. He could get a good deal because he knew the travel agent.

This shows the huge margins these travel agents and travel insurance agents have. Travel insurance purchased in USA does not even consider pre existing conditions ( their terms and conditions are confusing) and getting them to pay your bills is a big pain. So I can understand why travel agents and travel insurance agents make so much money and can advertise everywhere on TV and websites in USA.

So please share experience and suggest a good website or agent who can give a great deal to me. Do not reply if you are an agent. I am looking for experiences from customers.


I am posting this in Immigration Voice > General Information > Interesting Topics before anyone jumps and get bitten.
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chanduv23
09-17 07:46 AM
Me sitting in Queens right now at home - waiting for wife to come back from her night duty at the hospital

I will be heading straight to work in New Jersey, later today afternoon, I will wrap up and few more dedicated volunteers will be joining me and we are car pooling to DC by late afternoon.

Will definitely try to make it to the reception

Come on dear folks - lets all make it to DC.
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pappu
06-19 09:13 AM
See

http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate
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WaitingForMyGC
03-04 09:49 AM
We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?
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cheg
07-19 11:47 PM
Just want to let you know though that if you file on or after July 30th, the fee for application of I-140 will be the new one. It's only for I-485, I-131 and I-765 that will be honored for the old filing fee until the 17th of August. :)

As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.

So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
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seahawks
04-28 11:13 AM
depends on how you filed it, if its premium processing, you get a decision in 4 to 6 days.. amazing what an extra 1000 dollars can do. I waited 4 years to get my labor approved and I-140 in 14 days with premium processing.
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senthil1
01-12 01:13 PM
You cannot use your Priority date if it is denied.

Dear Attornies,experts

My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

Is there anyway of taking advantage of the old priority date application that was denied with a new application.

I almost lost 2 years in priority date because of this denial...

Please suggest...
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nik.patelc
02-18 08:39 PM
I just noticed that your PD date is Nov 2004 EB2. I am just curious that CIS is processing case with PD NOV 2004 in March but March 2009 bulletin show EB2 Feb 2004.

Would you share details when did you get GC interview?
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Refugee_New
08-02 12:46 PM
I suppose your pd has been current for a while now. are you stuck in name check ? do you know why your 485 approval is taking so long ? I'd say you should be getting your GC rather than the ead card.

And why does your public profile say Labor Approval Date: 05/10/2005 where as in your post you say PD is Feb 2002.

Labor filed date is Feb 2002. Thats is what called PD. Fortunately it took only 3.8 yrs to get my LC approval. Some poor souls got their LC approval in 4 yrs and 5yrs.

I don't know if you heard about PBEC and DBEC. I am one of the victims of backlog elimination center.

Anyway my name check is still pending. But if they really implement this 180 day rule, my case is good to go.
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Libra
09-15 08:32 PM
All east coast people should not miss this opportunity, this is the only chance to get things straight. com on guys, if you can't take one day off, no one will give you GC in years. when people are coming from wahsington, why can't you? change your mind, you have other four days to make up your hours at work
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GetGC08
05-11 09:14 AM
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.

Hi,

Thanks a lot for your reply. I really appreciate it.

Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

Correct me if I am wrong on this.

Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

I will really appreciate your response.

Thanks.
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eswaraprasad73
02-12 12:49 PM
My friend's I-140 was field in Oct. It was filed at VT, but finally got transferred to TX. I-140 got approved in just 10 business days.
This is a surprise for us.
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alexmat01
01-14 01:29 AM
Thanks again.
I guess amending would be a far cheaper option than filing for a new visa , so that I can get a fresh approval.
Also could you tell me if telling them that the opportunities company wanted to employ me for in the US vanished over the recession, since its genuine that many cmopanies faced such situations.Would that be taken as negative or as an inability of my company or myself for the need of a visa now ?
The thing is that if I say someone was sick or I used the time for studies, and if they ask for a supporting proof, that would be trouble.
Pls advice on that last part and thanks again for the wonderful service.
Alex
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