rampaadh@hotmail.com
05-18 08:08 PM
can you please give me the link? I searched Murthy's site, but could not find the link.
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
lostinbeta
10-15 07:31 PM
In Blue's Clues, the dog clue is a blue paw print, so I am assuming that was what was meant.
I don't recall seeing a paw print shape in PS7, I will scope that out later tonight.
I don't recall seeing a paw print shape in PS7, I will scope that out later tonight.
swo
07-21 04:15 AM
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
You better check to see if you are invalidating your entire petition.
You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
You better check to see if you are invalidating your entire petition.
You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.
GCin2050
07-10 05:33 PM
Great,
We need more people going to press and television with stories of how it affects us and then following it up with Senators and Congressman of their district. This will create more awareness with human face and emotion behind the issue. After all this is what illegal aliens did, they took out rallies and ran stories of how families will be separated, they have worked for years, their kid is US citizen but parents are illegal and deporting them is not good, they are hardworking, church going people. We need to replicate that thrust on our issues. I think this should be the next drive of the media campaign - Personal Stories.
We need to highlight how july bulletin affected us and more importantly we were not allowed to file. Also, all of us need to join the class action lawsuit without fear. United we stand, divided we fall.
-----------------------------------------------------
http://www.deseretnews.com/dn/view/0,1249,680197801,00.html
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
We need more people going to press and television with stories of how it affects us and then following it up with Senators and Congressman of their district. This will create more awareness with human face and emotion behind the issue. After all this is what illegal aliens did, they took out rallies and ran stories of how families will be separated, they have worked for years, their kid is US citizen but parents are illegal and deporting them is not good, they are hardworking, church going people. We need to replicate that thrust on our issues. I think this should be the next drive of the media campaign - Personal Stories.
We need to highlight how july bulletin affected us and more importantly we were not allowed to file. Also, all of us need to join the class action lawsuit without fear. United we stand, divided we fall.
-----------------------------------------------------
http://www.deseretnews.com/dn/view/0,1249,680197801,00.html
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
more...
saiimmi
07-16 07:09 PM
Please see links below:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
:cool:
When will the next month dates come out ???
GCKabhayega!
What is the utility of your thread? You are posting this one month too late. I really do not want to give a red dot but request you to not dilute the purpose of IV forums by posting grossly useless messages.
Thanks,
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
:cool:
When will the next month dates come out ???
GCKabhayega!
What is the utility of your thread? You are posting this one month too late. I really do not want to give a red dot but request you to not dilute the purpose of IV forums by posting grossly useless messages.
Thanks,
tonyHK12
01-21 09:41 AM
Read this link from Murthy.com:
MurthyDotCom : H1B & H-4 Visa Applications in India Plagued by 221(g) Refusals - Part 1 (http://www.murthy.com/news/n_h14ind.html)
" At the present time, it would be wise for H1B workers employed by IT consulting companies, as well as their H-4 spouses, that they limit international travel unless it is absolutely necessary. Those working for employers in other sectors also face risks that should be carefully considered before traveling internationally and applying for visa stamps abroad. "
pretty tough having to do it in the holiday season. The article says its an attempt to tighten the screws on fraudulent partices in H1b.
MurthyDotCom : H1B & H-4 Visa Applications in India Plagued by 221(g) Refusals - Part 1 (http://www.murthy.com/news/n_h14ind.html)
" At the present time, it would be wise for H1B workers employed by IT consulting companies, as well as their H-4 spouses, that they limit international travel unless it is absolutely necessary. Those working for employers in other sectors also face risks that should be carefully considered before traveling internationally and applying for visa stamps abroad. "
pretty tough having to do it in the holiday season. The article says its an attempt to tighten the screws on fraudulent partices in H1b.
more...
somegchuh
10-26 02:56 PM
arnet,
So they took the original I 797 after the itnerview and mailed it back with the passport?
Mihrid,
they should have returned your wife's I797. If she's still in India she can call VFS and follow up to get it. It is important that she gets back the original 797. Sometimes they ask for it at the airport when you land. My wife was asked for it once.
I am asking my wife to call both embassy and VFS to get I797 back. Here's the contact info I have been able to find
Have a question about your NIV application? Contact the NIV unit by the following methods:
Phone: (011-91-11) 2419-8310 from 2:00 p.m. to 3:00 p.m., Monday through Friday
E-mail: nivnd@state.gov
Fax: (011-91-11) 2419-8407
Want to contact VFS? Please use the following methods:
VFS Helpline (Excluding Punjab): 011-4222-0000
VFS Helpline (Punjab): 0181-504-1444
E-mail: infodelhi@vfs-usa.co.in
VFS’ agents respond to phone calls from 8:00 a.m. to 4:00 p.m., Monday through Friday, except on Indian holidays observed by U.S. missions. E-mailed inquiries are responded to Monday through Friday, within two working days.
If you are calling from outside India, please call VFS at 011-91-44-4231-6767.
our experience:
they will mail back those.
my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.
I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.
it took 3 days after interview date to get the stamped passport and documents through courier.
If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.
So they took the original I 797 after the itnerview and mailed it back with the passport?
Mihrid,
they should have returned your wife's I797. If she's still in India she can call VFS and follow up to get it. It is important that she gets back the original 797. Sometimes they ask for it at the airport when you land. My wife was asked for it once.
I am asking my wife to call both embassy and VFS to get I797 back. Here's the contact info I have been able to find
Have a question about your NIV application? Contact the NIV unit by the following methods:
Phone: (011-91-11) 2419-8310 from 2:00 p.m. to 3:00 p.m., Monday through Friday
E-mail: nivnd@state.gov
Fax: (011-91-11) 2419-8407
Want to contact VFS? Please use the following methods:
VFS Helpline (Excluding Punjab): 011-4222-0000
VFS Helpline (Punjab): 0181-504-1444
E-mail: infodelhi@vfs-usa.co.in
VFS’ agents respond to phone calls from 8:00 a.m. to 4:00 p.m., Monday through Friday, except on Indian holidays observed by U.S. missions. E-mailed inquiries are responded to Monday through Friday, within two working days.
If you are calling from outside India, please call VFS at 011-91-44-4231-6767.
our experience:
they will mail back those.
my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.
I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.
it took 3 days after interview date to get the stamped passport and documents through courier.
If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.
abhi_jais
01-31 10:38 AM
Here is the Text of Bill:
Bill Summary & Status - 112th Congress (2011 - 2012) - S.6 - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/bdquery/D?d112:6:./temp/~bdl3Rj::|/bss/|)
Bill Summary & Status - 112th Congress (2011 - 2012) - S.6 - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/bdquery/D?d112:6:./temp/~bdl3Rj::|/bss/|)
more...
krishmunn
03-29 07:21 PM
This is definitely good news for people who are in PERM stage but this also means fewer spill overs since all ROW EB-2 who were waiting for PERM will now file 485
Tazike
06-27 09:44 PM
I read an answer written by an immigration lawyer about this type of situation and according to him once the divorce is final the conditional green card is invalid effective that day. That means that the immigrant spouse becomes out of status and would lose her right to work. Because of this the immigrant spouse should apply for a waiver right away once the divorce is final. Staying here and working while being out of status can cause problems of its own.
It's generally true that getting divorced does not affect one's green card. The exception however is when a person has a conditional marriage based green card and gets divorced before the conditions are removed.
It's generally true that getting divorced does not affect one's green card. The exception however is when a person has a conditional marriage based green card and gets divorced before the conditions are removed.
more...
kate123
06-17 12:22 PM
It is illegal to sell iphone apps on F1
Disclaimer: I am not a lawyer. Please do not take this as a legal advice.
Disclaimer: I am not a lawyer. Please do not take this as a legal advice.
Abhinaym
04-24 11:53 AM
Anyone else get an update on their lottery?
more...
jthomas
05-15 01:08 AM
I am not sure but i don't think you should have any problem when applying for ARRA nor unemployment. In CA the employer pays 220 dollars(2/3) and i have to pay $100 per month(1/3) . The employer gets 2/3 of the paid insurance by claiming on tax return. I think it is a federal benifit added by Obama during this recession.
however you would 90 days time to think if you want to take AARA.
Also check with your immigration attorney as well as other IV members.
Source:-
I am laid off from last 7 weeks. I did not take ARRA since i don't think i would be sick till i get another job. If i am sick i can still manage with local desi/mexician doctors who charge a small fee. I took unemployment Insurance and i am getting unemployment cheques. The only change is that instead of offering 54 weeks (as in CA) they are offering around 28 weeks since we don't have green card/citizenship.
One of the IV member, I know took Uninsurance benifits. He got 30 weeks of UI whereas the state gives 59 weeks of UI.
the extended UI is a part of federal benifits and we don't get it. Unemployment is a insurance and we are paying from every paycheck we get.
If you are thinking of taking UI please PM me for more information.
J thomas
Hello All,
I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.
I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.
My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?
Thanks for all your answers.
S
however you would 90 days time to think if you want to take AARA.
Also check with your immigration attorney as well as other IV members.
Source:-
I am laid off from last 7 weeks. I did not take ARRA since i don't think i would be sick till i get another job. If i am sick i can still manage with local desi/mexician doctors who charge a small fee. I took unemployment Insurance and i am getting unemployment cheques. The only change is that instead of offering 54 weeks (as in CA) they are offering around 28 weeks since we don't have green card/citizenship.
One of the IV member, I know took Uninsurance benifits. He got 30 weeks of UI whereas the state gives 59 weeks of UI.
the extended UI is a part of federal benifits and we don't get it. Unemployment is a insurance and we are paying from every paycheck we get.
If you are thinking of taking UI please PM me for more information.
J thomas
Hello All,
I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.
I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.
My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?
Thanks for all your answers.
S
engineer
07-08 08:46 PM
I will send this news to my company's Asian Pacific Forum.
We have 6000 plus members and we hope ge gets help.
We have 6000 plus members and we hope ge gets help.
more...
vadicherla
05-08 12:15 PM
Contribution $25 for this month.
Subscription Payment Sent (Unique Transaction ID #11R03083P3635964R)
In reference to: S-1RN47603HG965415U
Subscription Payment Sent (Unique Transaction ID #11R03083P3635964R)
In reference to: S-1RN47603HG965415U
gsc999
09-11 01:32 PM
-----------
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--
Yes you are correct.
I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.
Good work USCIS, hopefully this same level of service will be available to other
steps of legal immigration in near future
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--
Yes you are correct.
I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.
Good work USCIS, hopefully this same level of service will be available to other
steps of legal immigration in near future
more...
simple1
10-16 05:15 PM
short answer. "titles are not a problem", only roles matter.
Long answer: -withheld-. update your profile.
Hi,
My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)
These are my questions:
1. Do I really need to apply AC21 now?
2. If I apply AC21 with Software Engineer title what could be the consequence
3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?
If anyone has better idea, please advise me. I'd really appreciate all your help.
Thank you very much...
Long answer: -withheld-. update your profile.
Hi,
My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)
These are my questions:
1. Do I really need to apply AC21 now?
2. If I apply AC21 with Software Engineer title what could be the consequence
3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?
If anyone has better idea, please advise me. I'd really appreciate all your help.
Thank you very much...
gene77
08-15 08:28 PM
Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?
I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.
//NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application
//
I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.
//NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application
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friend99
08-12 12:08 AM
Thanks a lot for the replies! I am going to wait and see and hope for the best as I know sending any contradicting document at this point will just make matters worse.
Thanks a lot!
Thanks a lot!
zofa30
09-13 02:40 PM
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
gccube
04-08 12:28 PM
started the papar work with the attorney already.
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