sanbaj
05-05 03:26 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
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johnamit
08-15 12:22 PM
could you please share who received your app? Mine reached at 8:26AM on 2nd July too.
Thanks
Hi guys,
My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.
Thanks
Hi guys,
My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.
ampudhukode
12-25 01:07 PM
No idea what to do. Any suggestions.
And are you doing anything to try and speed up your case since PD are current ?
And are you doing anything to try and speed up your case since PD are current ?
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BharatPremi
11-07 10:02 AM
Surprisingly today I got second LUD on AP. Content is changed as under.
Receipt Number: LIN****
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 7, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service
Receipt Number: LIN****
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 7, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service
more...
rkanth12
09-09 12:59 PM
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it�s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
I have a question on salary hike after invoking AC21.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it�s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
I have a question on salary hike after invoking AC21.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
whatsupwithgc
02-28 12:33 PM
Found it in .
http://imminfo.com/resources/namecheck.pdf
http://imminfo.com/resources/namecheck.pdf
more...
mpadapa
06-12 09:58 AM
The bill goes no where after the hearings unless there are enough co-sponsors and CHC members are ok with the bills. Then the house speaker will decide to let the bills be debated and voted on the house floor. If it goes through House then Senate will vote on it and then the Prez signs it off.
So the most important thing is to participate in the phone campaign esp the one targeting CHC members.
what would happen after the hearing? where does it go next?
So the most important thing is to participate in the phone campaign esp the one targeting CHC members.
what would happen after the hearing? where does it go next?
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CHRAMA
04-14 08:24 PM
Thank you everyone, Just I received my I140 approval.
more...
gc_on_demand
11-04 02:48 PM
But he doesn't have any voice,,,
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gc_buddy
07-24 02:38 PM
EAD E-filed on June 19th
FP Done on July 11th
No approval as of now.
FP Done on July 11th
No approval as of now.
more...
coolstonesa
02-28 09:37 PM
pasupuleti
I will try to be there. Thanks for arranging.
I will try to be there. Thanks for arranging.
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Robert Kumar
01-04 12:12 PM
Applied for EAD and AP together (e-file at TSC center) in the last week of Nov 2010 and got the EAD card yesterday in mail. The validity period is for 2 yrs. The online status for EAD updated accordingly. However there is no status update for AP.
How many days before expiry can one apply for
1. EAD extension.
2. AP extension.
3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.
Thank You,
Bobby.
How many days before expiry can one apply for
1. EAD extension.
2. AP extension.
3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.
Thank You,
Bobby.
more...
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amitjoey
10-29 05:22 PM
Believe it or not, I was about to open a thread like this. And here is the worst part, my AP has been approved 10 days ago, and so far neither the online status changed to approved nor i have received the approval copy. 2 ways I found out my AP was approved was through my local congressman and I took an infopass appointment. In the info pass appointment when I asked what is causing the delay in sending an approved AP, the officer says, if you did not get the approval notice in 45 days, call us back. This after waiting for more than 90days from the date of application. So, its not there until you have it in hand. Merely getting an approval these days is not enough, since they take anywhere upto 45 days to send the approval to you.
Attrocity to the core and the height of irresponsibility.
My wife's EAD card was delayed beyond 90 days. I called USCIS 3 times and they did the service request, but told us we would have to wait 45 more days. At the 96 day mark, I quickly filled out requests for my senators office to get involved and they helped out. EAD was in mail the next week.
Attrocity to the core and the height of irresponsibility.
My wife's EAD card was delayed beyond 90 days. I called USCIS 3 times and they did the service request, but told us we would have to wait 45 more days. At the 96 day mark, I quickly filled out requests for my senators office to get involved and they helped out. EAD was in mail the next week.
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tselva
11-12 10:18 AM
Dear tselva,
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
MC
You will come to know how far I am right at 3.34 PM today!! By the way, it is PST :D
I will start charging for my prediction from next month. I will also extend the prediction for individual cases!!. Who knows I will become a richer than greencard attorneys.
Bottom line is that taking about immigration becomes more fun!!!!!!!!!!!!!
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
MC
You will come to know how far I am right at 3.34 PM today!! By the way, it is PST :D
I will start charging for my prediction from next month. I will also extend the prediction for individual cases!!. Who knows I will become a richer than greencard attorneys.
Bottom line is that taking about immigration becomes more fun!!!!!!!!!!!!!
more...
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needhelp!
01-18 12:17 PM
Are people not seeing this thread? Whats going on? We need those fixes bad.. We need your letters real bad.
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stupendousman11
01-12 11:55 AM
Slight clarification to the new regulations:
Based on the "If they return from the USA after having used the visa" exemption, you don't need a transit visa for the USA-Germany-India leg. But for the return you'll either need an AP+transit visa OR a valid USA visa.
This exemption (and regulation) is the same as that for France. And I just traveled to India and back (in Dec2010) through Paris on expired USA visa and therefore know the above to be true (at least for France).
Based on the "If they return from the USA after having used the visa" exemption, you don't need a transit visa for the USA-Germany-India leg. But for the return you'll either need an AP+transit visa OR a valid USA visa.
This exemption (and regulation) is the same as that for France. And I just traveled to India and back (in Dec2010) through Paris on expired USA visa and therefore know the above to be true (at least for France).
more...
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TomPlate
07-19 03:32 PM
Tell Embassy that you need to file I485, so they will an earlier appointment.
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JunRN
08-22 08:57 PM
Factors you forgot to consider:
1. EB1 and EB2 applicants this July and Aug. ate up the numbers that were made available to EB3 last June 2007.
2. EB3 Visa number is just very few, around 800 per month per PICM country.
1. EB1 and EB2 applicants this July and Aug. ate up the numbers that were made available to EB3 last June 2007.
2. EB3 Visa number is just very few, around 800 per month per PICM country.
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Drifter
04-03 12:28 PM
Pappu and core...
This shows how committed IV to help a fellow member. Keep this alive. you are real leader to me now.
I did donate in the past and I did NOT become Donor when IV created donor forum, BUT...... Your open support to "Drifter" made me to become donor. I subscribed to IV now and this
keep us updated on "Drifter" situation...
I have been a long time supporter of IV and all the work that IV does, I have been on this forum for close to three years now and have always believed in the cause of IV and have actively taken part in a lot of the efforts that IV has undertaken and have contributed monetarily as well .
Besides the fact that IV can try to help members in extreme situations like the one I am in, IV is really the only organization that watches out for our community, it is all we have. We need to be an active part of it and should make it stronger.
This shows how committed IV to help a fellow member. Keep this alive. you are real leader to me now.
I did donate in the past and I did NOT become Donor when IV created donor forum, BUT...... Your open support to "Drifter" made me to become donor. I subscribed to IV now and this
keep us updated on "Drifter" situation...
I have been a long time supporter of IV and all the work that IV does, I have been on this forum for close to three years now and have always believed in the cause of IV and have actively taken part in a lot of the efforts that IV has undertaken and have contributed monetarily as well .
Besides the fact that IV can try to help members in extreme situations like the one I am in, IV is really the only organization that watches out for our community, it is all we have. We need to be an active part of it and should make it stronger.
coolfun
07-17 12:39 PM
You are WRONG.
Once 485 is filed, its processed according to the "receipt date". Period. Priority date just decides when to file 485. Please know your facts before posting on the forum!!!
You has incorrect infomation. Your Receive Date is a factor but PD is also a big factor, if limited number available.
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
Once 485 is filed, its processed according to the "receipt date". Period. Priority date just decides when to file 485. Please know your facts before posting on the forum!!!
You has incorrect infomation. Your Receive Date is a factor but PD is also a big factor, if limited number available.
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
cnndwag
09-27 09:13 PM
enggr ran away. He faked his experience(which most of the people do, I think to get GC) and tried to get EB2. Good and Inteligent IO catched it and sent RFE. Ran away for life.
