onemoredesi
06-21 10:53 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Abhijit,
This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
You might want to talk to your attorney if you have the slightest of the doubts..
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Abhijit,
This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
You might want to talk to your attorney if you have the slightest of the doubts..
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howzatt
08-15 11:34 AM
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
I do not know about the guidelines but these FAQs were released a few days ago(definitely after July 2nd).
Your question about how do they physically transfer applications is just very stupid. Just think about it. Your lawyer made a mistake and you want to blame USPS or USCIS for it? Nobody can tell you for sure their method of transferring applications. I dont think you have any other option but to wait.
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
I do not know about the guidelines but these FAQs were released a few days ago(definitely after July 2nd).
Your question about how do they physically transfer applications is just very stupid. Just think about it. Your lawyer made a mistake and you want to blame USPS or USCIS for it? Nobody can tell you for sure their method of transferring applications. I dont think you have any other option but to wait.
rheoretro
08-08 07:33 PM
...of meaningless "predictions."
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arihant
03-14 04:43 PM
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
more...
sonia_sd
09-15 05:17 PM
Last time CIR had sweet deal for Illegals ..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
You are 100% correct. US congress has love about horses and their nutrition than human beings, we work like donkeys/slaves attached to all these companies without freedom. On top we pay taxes and follow laws inch by inch. No matter what their plan is but we are
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
You are 100% correct. US congress has love about horses and their nutrition than human beings, we work like donkeys/slaves attached to all these companies without freedom. On top we pay taxes and follow laws inch by inch. No matter what their plan is but we are
tonyHK12
01-11 10:08 AM
This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.
Yes true, it still has amnesty for anyone who entered below 13 and didn't break the - they would get PAV immediately.
I was refering to blogfeed that inspite, says the second part is bad - "few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad."
It sounds like a haggling game, whoever makes more noise gets their due.
Yes true, it still has amnesty for anyone who entered below 13 and didn't break the - they would get PAV immediately.
I was refering to blogfeed that inspite, says the second part is bad - "few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad."
It sounds like a haggling game, whoever makes more noise gets their due.
more...
kittu1991
11-16 01:37 PM
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
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gsrknth
08-22 12:18 PM
e-filed EAD renewal on 5/27 TSC
FP:6/21
still waiting....
EB2 i
PD:10/05, I140 approved 2/06
Weird!! E-filing should be fast , instead it is slow !!!! I have some friends who e-filed before me and still pending .
FP:6/21
still waiting....
EB2 i
PD:10/05, I140 approved 2/06
Weird!! E-filing should be fast , instead it is slow !!!! I have some friends who e-filed before me and still pending .
more...
LegalIndianInUSA
06-18 10:52 PM
yes it is the red colored number on the visa stamp
My visa stamp was issued in the US (revalidation locally), which they have now stopped.
The stamp says place of issue: "DEPARTMENT".
Is that sufficient to put on the 485 ?
My visa stamp was issued in the US (revalidation locally), which they have now stopped.
The stamp says place of issue: "DEPARTMENT".
Is that sufficient to put on the 485 ?
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diesel
05-25 08:51 AM
The immigration council said he will pass our concern to the senator.
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xbohdpukc
03-05 08:53 PM
Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.
The truth is that the intent of the Congress was for the fees to cover USCIS business expenses. If USCIS is able to show the Congress that their expenses at the current level are not covered in full by the current fees, new fees will be justified even without improved service quality according to the law. The problem is that the public doesn't know how much of USCIS expenses are going uncovered by the current fees structure. Had they disclosed that piece of information we probably wouldn't have had this discussion in the first place.
The truth is that the intent of the Congress was for the fees to cover USCIS business expenses. If USCIS is able to show the Congress that their expenses at the current level are not covered in full by the current fees, new fees will be justified even without improved service quality according to the law. The problem is that the public doesn't know how much of USCIS expenses are going uncovered by the current fees structure. Had they disclosed that piece of information we probably wouldn't have had this discussion in the first place.
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surabhi
06-19 10:52 AM
I-485 reciepts are not part of required supporting documentation.
http://www.uscis.gov/files/form/I-765instr.pdf
see page 6:
This is for paper filing.
Need front and back of EAD card
2 photos
$340 check or None as applicable
i-485 receipt notices are required only for first time filers not filing along with I485.
Sorry to have jumped the gun. I-485 receipt is needed.
"All applications must be filed with the documents required
below, in addition to the particular evidence required for the
category listed in "Who May File This Form I-765" with fee,
if required."
On Page 4 in the Instructions doucment refers to the particular evidence
A. Adjustment Applicant--(c)(9). File your EAD
application with a copy of the receipt notice or other
evidence that your Form I-485, Application for
Permanent Residence or Adjust Status, is pending.
You may file Form I-765 together with your Form
I-485.
Since it talks about other evidence, you can use FP notices.
The other requirements are photos, check for $340 if applicable, front and back of EAD card.
http://www.uscis.gov/files/form/I-765instr.pdf
see page 6:
This is for paper filing.
Need front and back of EAD card
2 photos
$340 check or None as applicable
i-485 receipt notices are required only for first time filers not filing along with I485.
Sorry to have jumped the gun. I-485 receipt is needed.
"All applications must be filed with the documents required
below, in addition to the particular evidence required for the
category listed in "Who May File This Form I-765" with fee,
if required."
On Page 4 in the Instructions doucment refers to the particular evidence
A. Adjustment Applicant--(c)(9). File your EAD
application with a copy of the receipt notice or other
evidence that your Form I-485, Application for
Permanent Residence or Adjust Status, is pending.
You may file Form I-765 together with your Form
I-485.
Since it talks about other evidence, you can use FP notices.
The other requirements are photos, check for $340 if applicable, front and back of EAD card.
more...
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forgerator
11-08 04:38 PM
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
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Raju
06-10 07:35 PM
My 6 years end today and my extension filing is already in and pending since April. I wonder if they would entertain people who already filed and are waiting.
I can't believe I am saying this but I hope my H1 extension does not get approved until I can file premium. :-)
You do not qualify for this at least according to the above statement. You do not need 140 approved for h extension. You will automatically get the h extension based on the fact that you labor was filed 365 days prior to your H expiration. This is for folks who need 140 approved for H extension
I can't believe I am saying this but I hope my H1 extension does not get approved until I can file premium. :-)
You do not qualify for this at least according to the above statement. You do not need 140 approved for h extension. You will automatically get the h extension based on the fact that you labor was filed 365 days prior to your H expiration. This is for folks who need 140 approved for H extension
more...
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Rb_newsletter
07-15 10:29 PM
One time IO entered my visa type wrongly. Instead of L1-b he wrote H1-b on the I-94. I pointed out his mistake saying "My visa is L1-b. Shouldn't that be L1-b on I-94". He asked me "what visa are you in?". I repeated L1-b. He was angry and said in a raised voice "You should know what visa are you in. You should know". First place he didn't ask me what visa I was in and he made the mistake and jumped on me.
Baseline is IO can make mistakes but we are the one to be affected by that. So make sure your visa type, EAC #, and all other info on I-94 are correct before leaving the counter at POE.
Baseline is IO can make mistakes but we are the one to be affected by that. So make sure your visa type, EAC #, and all other info on I-94 are correct before leaving the counter at POE.
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Hassan11
03-26 11:53 AM
no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.
any feedback is appreciated.
There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
any feedback is appreciated.
There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
more...
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09-01 12:01 AM
They would have been happy with their half loaf.
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sss2000
10-31 02:25 PM
While that is true I wanted to donate whatever I have. I thought if any IV core team member has delta frequent flyer account, I can transfer my miles to his account. Is that a possibility? If so, Do we have any core team member who has delta frequent flyer account? If we pool all the miles we have then IV core team can use these miles to travel.
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english_august
07-07 04:10 PM
Great news: IV core is supporting the flower campaign - see this thread (http://immigrationvoice.org/forum/showthread.php?t=6191). :)
We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.
Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
People who said that they will send the flowers only if IV core supports it - please send flowers asap.
BTW, I am curious as to who first proposed this idea.
We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.
Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
People who said that they will send the flowers only if IV core supports it - please send flowers asap.
BTW, I am curious as to who first proposed this idea.
desi3933
06-25 09:46 AM
As long as she is not drawing a Salary, she is fine. She can continue to manage the business.
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
asanghi
01-24 11:43 AM
I just can't believe how many times this topic has come up, and yet keeps coming up.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
