pd_recapturing
04-04 03:25 PM
It also talks about 180 days rule. On the other hand, they are still sending denial notices to ppl whose 140 have been revoked by the employer.
"In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"
"In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"
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mrdelhiite
08-07 10:42 AM
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
http://www.uscis.gov/files/form/i-134.pdf
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
PierceG
05-31 05:06 PM
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dilbert_cal
07-05 08:35 PM
My f^$%@ desi employer did not provide me the letter. I was eligible to file I-485 in june itself. Now, If I want to change my employer and port my PD, how can I do that? I don't have I-140 approval copy and my company and his attorney will not provide it to me. I have the receipt#. Can anyone here has port PD using the I-140 receipt #. Please post your reply and save me from a blood suc^#@ monoster. I have lost my sleep .....completely...please help me.
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
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chi_shark
03-11 11:06 AM
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
chanduv23
03-03 11:18 AM
thanks for the response. can you please post the result of the transfer
also any one in the forum who had experience with the ac21 transfer +ve or negative can you please advise about your experiences. it is really a stressful situation with every thing being this way.
I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.
AC21 issues can be resolved. So don't worry about it.
also any one in the forum who had experience with the ac21 transfer +ve or negative can you please advise about your experiences. it is really a stressful situation with every thing being this way.
I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.
AC21 issues can be resolved. So don't worry about it.
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bigboy007
12-10 02:51 PM
My Labor approval uses something that starts with 030-16-**** but there is nothing in SOC with 16 are they changed recently? any clue? + what is the issue of 140 porting if we are not informing USCIS about AC21 so how are we porting 140 ? is it automatically?
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shana04
07-21 09:59 AM
All you guys,
Take an Infopass appointment and tell them that you have not received FP notice. Sometimes taking infopass appt helps. So you can try that option.
CAn you please help with the process on how to take an infopass.
Sorry for my ignorance.
Thanks in advance,
Shana
Take an Infopass appointment and tell them that you have not received FP notice. Sometimes taking infopass appt helps. So you can try that option.
CAn you please help with the process on how to take an infopass.
Sorry for my ignorance.
Thanks in advance,
Shana
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smileyslimey
11-30 09:47 AM
Thanks, honge_kamyaab.
Your point is well taken.
But, my doubt is on the premise that a new H1-B can be obtained based on a previous approved I-140 or Labor Cert. However, if I am changing industries, my job function and description are both changing. In that case, can I use the fact that I had an I-140 from a previous employer in a different industry for a new H1?
Appreciate your help.
Regards.
Your point is well taken.
But, my doubt is on the premise that a new H1-B can be obtained based on a previous approved I-140 or Labor Cert. However, if I am changing industries, my job function and description are both changing. In that case, can I use the fact that I had an I-140 from a previous employer in a different industry for a new H1?
Appreciate your help.
Regards.
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GCapplicant
10-12 04:04 PM
I am also from NJ-I have to get FP from HAckensack-NJ thats my nearest .
When we called USCIS she said its delay because of traffic in ASC in our location.So they have to correspond with them,when ever they get a reminder in their system.
So as of now they havnt mailed...waiting for FP.
I hope the process does not delay further beacuse of this FP...I wish they do fast.
I just wonder NJ is a populated area and they have only two ASC...one in newark and another in Hackensack.I hope it doesnt take months for this FP.
Does name check start after FP?
My ND is Sep/11.
When we called USCIS she said its delay because of traffic in ASC in our location.So they have to correspond with them,when ever they get a reminder in their system.
So as of now they havnt mailed...waiting for FP.
I hope the process does not delay further beacuse of this FP...I wish they do fast.
I just wonder NJ is a populated area and they have only two ASC...one in newark and another in Hackensack.I hope it doesnt take months for this FP.
Does name check start after FP?
My ND is Sep/11.
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chanduv23
07-21 03:17 PM
I am in same boat, I took a Infopass today and met with a IO in NYC. She said she will do the needful as the dates are current by communicating with TSC and if nothing happens I have to come back in 45 days. I do not have hopes but lets see what happens
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immi2006
10-09 07:11 PM
Otherwise it is a time waste...
I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.
I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.
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anuh1
04-23 02:18 PM
If the client is ready to offer employment to you, client will take care of everthing. Why you worry about the law suite? My best guess is he is just threatening you because he will loose money on you. If you want you can scare him saying that you will put a case against him in USCIS by various reasons.
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eager_immi
07-17 03:10 PM
Immigration Voice Announcements
UPDATE AT 3:15 PM EST TUESDAY: The latest update we received is the annoucement to be made soon will be as follows:
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
---------------------------------------------------------------------------------------------------------
UPDATE AT 3:15 PM EST TUESDAY: The latest update we received is the annoucement to be made soon will be as follows:
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
---------------------------------------------------------------------------------------------------------
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acecupid
06-25 11:29 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Elaine,
Thanks for your response. I am very curious to know if you have been successful in responding to an RFE in the manner you mentioned and USCIS accepted the agrument and continued with AOS for any of your clients. I understand that given the circumstances the OP does not have much of an option since he does not have a job right now. But it would be interesting to know if USCIS has accepted such an argument in the past.
Elaine,
Thanks for your response. I am very curious to know if you have been successful in responding to an RFE in the manner you mentioned and USCIS accepted the agrument and continued with AOS for any of your clients. I understand that given the circumstances the OP does not have much of an option since he does not have a job right now. But it would be interesting to know if USCIS has accepted such an argument in the past.
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pappu
02-03 07:39 PM
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05-14 12:51 AM
*** Modified post to reflect that this is a repeat post.***
__________All Other________ China _________ India __________ Mexico _______ Phillipines
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
__________All Other________ China _________ India __________ Mexico _______ Phillipines
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
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linuxra
07-23 02:31 PM
I got an rfe on employment v l and history of 5 year in oct 2009 replied dec 2009
after that no update?how abt u?
after that no update?how abt u?
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brb2
04-19 08:45 AM
Politians will act when they think it is time to act. It is already known that the CIR is planned for second half of May in the senate. Why would they want to lay it out in detail and have those against conduct minute analysis and attack it. So they will only reveal the content closer to the debate.
It is clear Nancy Pelosi has told Bush, if you want it, deliver me the Republican votes and then I will schedule it. She is not going to spend her political capital on CIR. She knows Democrats will vote for it, but republicans will play both sides and she does not want it to happen. The senator who are elected for 6 years (as opposed for 2 years in the house) are less affected by short term public opinion and do what is right for the country. Even there Presidential hopefuls change their tune, like McCain. He was too left of the republican party and now he is moving too much to the right and will please no one, just like Romney.
It is clear Nancy Pelosi has told Bush, if you want it, deliver me the Republican votes and then I will schedule it. She is not going to spend her political capital on CIR. She knows Democrats will vote for it, but republicans will play both sides and she does not want it to happen. The senator who are elected for 6 years (as opposed for 2 years in the house) are less affected by short term public opinion and do what is right for the country. Even there Presidential hopefuls change their tune, like McCain. He was too left of the republican party and now he is moving too much to the right and will please no one, just like Romney.
flexi
04-08 09:27 PM
Hi there, thanks a lot for all your help - I won't start early at the second employer then but am still a little confused about how long it takes after filing the petition until i receive the receipt. One lawyer said we'd have to do premium processing since i will be back from Germany 4 weeks prior to switching jobs, but from what you guys said that shouldn't be necessary, correct? Thanks!
Sheila Danzig
07-25 10:26 AM
In all of the years that I have been doing evaluations I have seen only two cases where a GC had a NOIR (Notice of intent to revoke) for education reasons. Both had 3 year degrees. One case was several years ago and approved and the other was recent and just submitted.
Do you know the reason for your notice?
Hi all,
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
Do you know the reason for your notice?
Hi all,
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
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