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santb1975
04-10 06:02 PM
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johnwright03
06-14 10:16 PM
does anyone the fate of future GC aspirants...i mean the people who are not in the run for 485...whose Labor is not approved...does anyone until when the pd going to stay current...of course the bulletin says pd might retrogess in the month of September for indian born nationalities...?? is there any chance that the pd might retrogess in the next month itself..??
well, i just applied for my PERM...i am not sure if i my perm wud get approved by the big day ( July 31st)...??????

Lots of Hurdles in Life.....
but, Life is a Camera, face it with a SMILE...!!!
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vikki76
08-28 11:52 AM
Even I don't have donor access so far.
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veni001
05-12 04:27 PM
His position requires Masters Degree

As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!
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venetian
07-06 03:30 PM
Thanks again for the responses.

Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.

Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com

MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)


An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)

An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.

An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
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manderson
04-23 10:12 AM
Thanks for all the info.. I have a eb3 pd of 5/2002.. So, will be a long wait till my turn..

u will get a copy of the approval notice directly from USCIS though.
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jvordar
04-17 08:18 PM
guys have a question for u..
i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...
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anilsal
11-09 09:17 AM
Why don't you do I140 via premium processing?
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unseenguy
02-23 12:01 PM
Hello everyone - My company has announced a 10% across the board paycut. I am sulking over it as there is no job guarantee. I am in a big consulting org. There are no new projects coming and my project is there till end of April. I have I140 approved but I am afraid that my employer may seek to revoke it , if I leave on my own.

Gurus - Do you think it is wise to use AC21 in this situation. It will take years for me to get back to (2-3) my original salary level and if I accept the paycut and lay off happens, the future employer may seek further paycut or same salary.

My wife has already lost job and hence I am paranoid that I have taken almost 50% paycut if we consider 2 incomes. I dont think economy is THAT bad.
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LongJourny
01-20 07:25 PM
Is it ok to mention the last date of my previous employment at august 23rd. The employment letter I receive from company A states the same. Last time I got my H1 visa stamped using same information. However, this time I am going to a different consulate and not sure what could be the out come. I also have advance parole with me. If worst happens can I use advance parole?
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pbojja
08-04 04:18 PM
[QUOTE=aamchimumbai;266413]All,

I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!


What makes you think I-140/485 July filers are lucky ? Our cases are straight forward and we are able to file in July 07 .

I m sorry to be little rude but you can just post a question with out mentioning how lucky others are or not .
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calaway42
10-04 12:19 AM
ok! well let me go try your steps .. wish me a luck :)
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flresident
11-04 09:54 AM
Contact local domestic violence against women groups. they would help you out with legal, accommodation and rest of the process.
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gotgc?
09-16 10:44 PM
I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.

Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...

Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?

Would Infopass or calling USCIS Customer service center help?

Please let me know if you know of any other options?

Thanks again...
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gc_chahiye
11-04 11:26 PM
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

Saving grace - Our H1/H4 are in order with many long years left on them.

Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

unfortunately under current laws/regulations the dependent can only file when the PD of the primary applicant is current. So you'll need to wait for your PD to become current again to be able to file your wife's petition.
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raysaikat
07-13 01:15 AM
Hi Ann:

I would like to ask related questions in this thread..

what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
If you enter US on a non-immigrant VISA such as F1 or B1/B2, your GC would be considered abandoned.
Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?

Many many thanks for your response...

You must be physically present in US to submit I-485.
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Ramba
09-26 05:07 PM
Hello,

I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

The information you posted is not sufficient to provide any opinion. If you post complete details of your case, then someone can thro some light.
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Eberth
10-21 06:08 PM
hehehe, btw, could anyone draw a dogs bed for me, hehehe,
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bindas74
05-15 05:04 PM
To Bindas74,

Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.

On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.

Thanks,

Hi X-Wing,

Thanks for the response.
I dont think it asked me for the $80 biometric fee during the E-filing process. Someone else had answered to my quesiton on a different thread as well that I dont have to pay it.
I will make sure I put in the reasons you suggested for the AP in my documentation. Thanks again.

Another questions is that since I files EAD and AP concurrently, can I send both the documents in the same packet? ( I am guessing it's ok since the attorneys usually send everything in a single packet , right? )

-Thanks
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willwin
06-09 01:20 PM
Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.

-------------------------------------------
India EB3- PD: June 2003
Contributed $480 + Monthly Recurring contributor.

One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....
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adreg
06-05 10:22 AM
If it makes you feel better -- its 11 years for us :). And no Labor Cert since I am black-logged at PBEC. So we need the annual H1B extension ritual :(

Yep, if CIR falls apart its pack-your-bags-and-go-home for us.
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