glus
04-17 07:37 AM
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
Thanks
The answer is NO.
Thanks
The answer is NO.
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snathan
07-31 01:23 PM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you
chakdepatte
10-18 02:58 PM
Pardon my french but most of DMV/BMV employees are absolute #$@#$%#@.
They have no clue about the immigration process. Because my wifes EAD and AP expired and we had applied for renewal, this lady at the columbus, OH BMV refused to give us a licence. when she learnt that my wife goes to school, she insisted that we show a I-120 and be in F1 status. not to mention, we left with the 'F' status, if you know what I mean.
Went next week with same papers, the lady gave an extension till next birthday (approx 9 months).
Few years ago, in Richmond, VA same experience. It's a broken process. wrote emails to the white house. no response yet. I have learnt how to navigate thru this broken system and people of less than 5th grader IQ.
They have no clue about the immigration process. Because my wifes EAD and AP expired and we had applied for renewal, this lady at the columbus, OH BMV refused to give us a licence. when she learnt that my wife goes to school, she insisted that we show a I-120 and be in F1 status. not to mention, we left with the 'F' status, if you know what I mean.
Went next week with same papers, the lady gave an extension till next birthday (approx 9 months).
Few years ago, in Richmond, VA same experience. It's a broken process. wrote emails to the white house. no response yet. I have learnt how to navigate thru this broken system and people of less than 5th grader IQ.
2011 Young Couple Holding Hands
franklin
02-10 10:14 PM
It actually depends what nationality you are, since that CAN mean a huge amount of difference with the speed of getting your greencard through EB3 or EB2.
I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
You should eligible for Eb2 by default because of your education unless your current job does not need one..
It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated
I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
You should eligible for Eb2 by default because of your education unless your current job does not need one..
It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated
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amsgc
06-10 11:39 PM
Now, that is an interesting question. I think the answer is: ambition.
I am convinced that those who don't participate in the action items simply lack ambition. If you were to ask them what their life would be like after getting the GC, I am fairly certain they would say "pretty much the same". And that is exactly the problem - they cannot imagine the doors it will open or the opportunities that will become available. For them the green card is a mere travel/work document, with some semblance of permanency. They want to "be" in America, but they don't know how to make the best by "living" in it. They will buy a house, or get a job that pays a few dollars more, but it will pretty much end there. The most ambitious of the lot will probably start a desi consulting company with other like minded losers.
You on the other hand, possibly have plans. You probably want to go back to school to learn something new. Maybe you have an idea to start a new business, or a non profit or attempt a different profession! You want to make the best of the possibilities and maximize your potential, and do things you couldn't do without the privilege to live, work and think freely.
But don't lose heart. There are many, if not all, who are with you in this initiative.
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
I am convinced that those who don't participate in the action items simply lack ambition. If you were to ask them what their life would be like after getting the GC, I am fairly certain they would say "pretty much the same". And that is exactly the problem - they cannot imagine the doors it will open or the opportunities that will become available. For them the green card is a mere travel/work document, with some semblance of permanency. They want to "be" in America, but they don't know how to make the best by "living" in it. They will buy a house, or get a job that pays a few dollars more, but it will pretty much end there. The most ambitious of the lot will probably start a desi consulting company with other like minded losers.
You on the other hand, possibly have plans. You probably want to go back to school to learn something new. Maybe you have an idea to start a new business, or a non profit or attempt a different profession! You want to make the best of the possibilities and maximize your potential, and do things you couldn't do without the privilege to live, work and think freely.
But don't lose heart. There are many, if not all, who are with you in this initiative.
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
wellwisher02
03-27 03:22 PM
Has anyone gone to Vancouver for H1B stamping? Please share your experience and any pointers. It will be a great help.
Also, I found this on Vancouver consolate website:
"Passports and visas will be returned to the applicants with Canadian addresses by Canada Post, generally within three to five business days after the visa is approved. In person pick up will be available only in a legitimate emergency (as determined by the Consulate). "
This is disconcerting. I do not have luxary to wait 3-5 days to get my stamped passport via mail. Is this a standard process? Will they allow in-person pick up the same day?
Thank you.
Hey,
Lemme share my H1B Visa stamping in Vancouver, BC in July 2006:
1. First of all, you need to fix a Visa Stamping appointment via www.nvars.com.
2. Get a Canadian visa to make your trip to Canada. (I didn't have to do this since I hold Canadian Green Card.)
3. On the appointment date, be atleast 1 hour ahead of your appointment time.
4. Do not carry any electronic items (car remote, camera, etc) and food/liquid.
5. Carry all the relevant paperwork along with cash in US dollars, just in case you wanna pay fees by cash.
6. Present the documents asked for, and answer questions posed by the Visa officer confidently.
7. The attending Visa officer will tell you to go to a particular counter to pay a reciprocity fee.
7. Once the fee is paid, you need to collect your passport with new H1B visa stamped the next day at 3 PM.
You will not be able to collect your passport with H1 Visa stamped the same day. If your paperwork is organized (meaning you have all the relevant documents for H1B visa stamping), you'll get your passport the next day. Normally, it is stated in their printed document that it would take 2 - 3 business days. In reality, you can collect it the next day unless your case requires more investigation (due to any missing documentation, etc) by the US consulate. You should stay there for atleast 2 business days to get your H1B visa stamping done. Getting your visa stamped in contiguous neighbouring country like Canada and Mexico is convenient as opposed to going to your home country which would otherwise cost your more time and money.
Hope this helps.
Also, I found this on Vancouver consolate website:
"Passports and visas will be returned to the applicants with Canadian addresses by Canada Post, generally within three to five business days after the visa is approved. In person pick up will be available only in a legitimate emergency (as determined by the Consulate). "
This is disconcerting. I do not have luxary to wait 3-5 days to get my stamped passport via mail. Is this a standard process? Will they allow in-person pick up the same day?
Thank you.
Hey,
Lemme share my H1B Visa stamping in Vancouver, BC in July 2006:
1. First of all, you need to fix a Visa Stamping appointment via www.nvars.com.
2. Get a Canadian visa to make your trip to Canada. (I didn't have to do this since I hold Canadian Green Card.)
3. On the appointment date, be atleast 1 hour ahead of your appointment time.
4. Do not carry any electronic items (car remote, camera, etc) and food/liquid.
5. Carry all the relevant paperwork along with cash in US dollars, just in case you wanna pay fees by cash.
6. Present the documents asked for, and answer questions posed by the Visa officer confidently.
7. The attending Visa officer will tell you to go to a particular counter to pay a reciprocity fee.
7. Once the fee is paid, you need to collect your passport with new H1B visa stamped the next day at 3 PM.
You will not be able to collect your passport with H1 Visa stamped the same day. If your paperwork is organized (meaning you have all the relevant documents for H1B visa stamping), you'll get your passport the next day. Normally, it is stated in their printed document that it would take 2 - 3 business days. In reality, you can collect it the next day unless your case requires more investigation (due to any missing documentation, etc) by the US consulate. You should stay there for atleast 2 business days to get your H1B visa stamping done. Getting your visa stamped in contiguous neighbouring country like Canada and Mexico is convenient as opposed to going to your home country which would otherwise cost your more time and money.
Hope this helps.
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eilsoe
03-07 12:33 PM
voted for mlk, that is one sick design man... just love it... :thumb:
looks a little like 2A, but may just be the colorscheme :)
looks a little like 2A, but may just be the colorscheme :)
2010 holding hands photos
sanju
04-30 10:02 PM
What is the agenda now?
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
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GCHope2011
06-28 06:52 PM
If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
hair Couple Holding Hands On Beach
raydhan
01-31 11:17 AM
Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
bkam,
Please note that Immigration is not a right. It is a privilege that we are given by this great land of immigrants. Nobody put a gun to our heads and forced us to come here. If you feel bonded by your current employer, you can leave and go back to your home country where you will not be a "legal slave".
If we have the skills and the right knowledge....WE ARE NOT SLAVES AND WE WILL NEVER BE.
Regarding your statement that the members of our family cannot work legally and our spouses lose their professional career........that is B.S.
Ever thought of asking your spouse to get higher education and get H1-B like some of our spouses do? In that way they will not "lose their professional careers" as you claim. Au contraire...they will only enhance their professional lives.
Think for about 5 minutes before you state certain things and type them here.
Good luck.
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
bkam,
Please note that Immigration is not a right. It is a privilege that we are given by this great land of immigrants. Nobody put a gun to our heads and forced us to come here. If you feel bonded by your current employer, you can leave and go back to your home country where you will not be a "legal slave".
If we have the skills and the right knowledge....WE ARE NOT SLAVES AND WE WILL NEVER BE.
Regarding your statement that the members of our family cannot work legally and our spouses lose their professional career........that is B.S.
Ever thought of asking your spouse to get higher education and get H1-B like some of our spouses do? In that way they will not "lose their professional careers" as you claim. Au contraire...they will only enhance their professional lives.
Think for about 5 minutes before you state certain things and type them here.
Good luck.
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rockstart
02-23 12:06 PM
What you think about state of economy does not matter. You have few options at this moment. First of all update your profile. If you have EAD then yes you can do an AC21 but that means there is some company out there which has a job & salary that matches your labor profile. So if you can find one then the option is always open to make the switch.
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senocular
01-15 03:26 PM
Are ovals allowed? I can probably guess the answer to this, but just wanted to double check before I made my entry.
I guess, similarly, this should include other transformations as well - scaling/skewing (= ovals) or even 3D rotation as available in FP10 ...?
I guess, similarly, this should include other transformations as well - scaling/skewing (= ovals) or even 3D rotation as available in FP10 ...?
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amitjoey
06-14 01:39 PM
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
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learning01
05-11 01:03 PM
Audio Link (http://www.npr.org/templates/rundowns/rundown.php?prgId=3) on Internet and Click on Listen.
A while ago, it used to be that the stream was cut off after one hour. Off late, I am not listening. Also check your local public radio. In CO it is www.cpr.org
For funding reasons, NPR has veered away from its middle of the road position in the last 5 years. Thus, in my view, it lost neutrality and my listenership.
can we listen to this program online?
A while ago, it used to be that the stream was cut off after one hour. Off late, I am not listening. Also check your local public radio. In CO it is www.cpr.org
For funding reasons, NPR has veered away from its middle of the road position in the last 5 years. Thus, in my view, it lost neutrality and my listenership.
can we listen to this program online?
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jayleno
10-08 02:30 PM
Yes I did.
Did you take original 485 receipt with you?
Did you take original 485 receipt with you?
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bablata2007
11-27 04:29 PM
Is this a feasible option? Incase I lose the job, can I change to H4 status based on my wife's H1B? Then wait out the 180 days period and get back to another job?
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MARY_GC
08-24 06:52 PM
I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
Thanks for ur information.I had 2 more doubts.
1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
Thanks for ur information.I had 2 more doubts.
1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.
girlfriend for Couples and Singles.
solaris27
10-15 01:57 PM
i had LUD same day and one day after .
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stupendousman11
01-14 09:36 AM
Same here. We submitted 485 on Jul2 without our medicals and some other major documents like birth certificates etc. Have had not issues till now. Got our receipt notices for 485, AP & EAD. Also got our EADs pretty quickly.
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
knowDOL
08-23 09:44 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
sara_apk
04-16 02:31 PM
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
Thanks
Thanks
