radhay
01-09 01:33 PM
I dont think there are hard and fast rules for interview. Some cases were transfered to NBC(National Benefit Center) to share the workload and some they had questions about the case. In my case , the interviewer told me that possible reason is there is a note in my case that said "Not working for the sponsor" which is a geniune question since I wasn't working for employer when 485 is filed. They could have issued RFE instead.
I think this delayed my case otherwise I would also be one of the lucky guys who got their 485s approved this last summer. In general it should be a good thing for you to know that your case is being worked on. Since now that there are no visas available , any temporaray delay shouldnot matter.
I think this delayed my case otherwise I would also be one of the lucky guys who got their 485s approved this last summer. In general it should be a good thing for you to know that your case is being worked on. Since now that there are no visas available , any temporaray delay shouldnot matter.
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mrsr
08-10 06:44 PM
Exactly, they are entering at least 5 thousand cases every day from last one week.but still we donot get our turn.so strange!
GC Struggle
11-14 10:06 AM
Why do you think that will happen..
I am guessing that if you 140 is approved (which is company based), then you are good because 485 is based entirely on the applicant..
Guru's pease throw some light on this
I am guessing that if you 140 is approved (which is company based), then you are good because 485 is based entirely on the applicant..
Guru's pease throw some light on this
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st4rguitar
08-22 12:11 AM
No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
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hpandey
06-27 07:28 AM
No you don't have to wait for your 3 year extension to return to US. Your lawyers and company are basically trying to get your three year extension so that you can get a 3 year visa stamped in your passport. But there's nothing stopping you from returning to US at any time on your current H1b.
For your second question - no you don't have to be present in the US to file for the extension .
For your second question - no you don't have to be present in the US to file for the extension .
apahilaj
09-20 07:43 AM
Are both of these I-140s on the same labor cert?
Whats the RFE about?
What does your lawyer say? Ignoring the RFE does not seem right, at minimum you should contact USCIS and explain the situation to them.
thanks for responding.
Yes, both these 140s are on the same labor certification.
I haven't received the actual RFE yet, just received an email from CRIS indicating that they need additional information.
I am going to contact my lawyer today and will find out what he thinks we should do. I completely agree with you, I should inform USCIS as well about the situation. I just don't know if situations like these are normal or not?
Do you have any other suggestion? Thanks again!
Whats the RFE about?
What does your lawyer say? Ignoring the RFE does not seem right, at minimum you should contact USCIS and explain the situation to them.
thanks for responding.
Yes, both these 140s are on the same labor certification.
I haven't received the actual RFE yet, just received an email from CRIS indicating that they need additional information.
I am going to contact my lawyer today and will find out what he thinks we should do. I completely agree with you, I should inform USCIS as well about the situation. I just don't know if situations like these are normal or not?
Do you have any other suggestion? Thanks again!
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beautifulMind
11-25 05:36 PM
The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through
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abhijitp
07-04 02:06 AM
Good one!
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whattodo21
04-29 11:44 AM
You can apply for an MTR, and if it is approved, you are safe. If not, you will be out of status from the day your petition was denied.
You can apply for H1 with another employer and have it premium processed.
Share your rfe with us, to know more of the reason...
You can apply for H1 with another employer and have it premium processed.
Share your rfe with us, to know more of the reason...
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vaishnavilakshmi
06-22 08:18 PM
Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?
hi,
we are in the same boat and our lawyer also say the same!
vaishu
hi,
we are in the same boat and our lawyer also say the same!
vaishu
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Tigran78
03-11 01:15 PM
Hi,
I am Us citizen and sent a request letter with my Mom to US Embassy in Armenia to kindly grant my Mom a tourist visa to visit me and my new born son. I also signed and sent dully filled and signed Affidavit of Support form with all the requested paper work. However, my Mom was denied the tourist visa on the grounds that I did not returned to Armenia in 2000 (8 years Ago) before my J1 Visa expiration.
But I got visa extension befor J1 visa expiration then applied for permanent resident and got my green card).
I did not violate any regulation.
What can I do ? Please Help.
I am Us citizen and sent a request letter with my Mom to US Embassy in Armenia to kindly grant my Mom a tourist visa to visit me and my new born son. I also signed and sent dully filled and signed Affidavit of Support form with all the requested paper work. However, my Mom was denied the tourist visa on the grounds that I did not returned to Armenia in 2000 (8 years Ago) before my J1 Visa expiration.
But I got visa extension befor J1 visa expiration then applied for permanent resident and got my green card).
I did not violate any regulation.
What can I do ? Please Help.
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ssreenu
05-12 02:15 PM
Hello,
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
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sukhyani
10-04 09:55 AM
A friend of mine got an RFE (asking for employment letter) on his I485 yesterday. Does that mean they are working on his case? His priority date is later than mine and I dont hear anything from them!
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glus
09-13 01:55 PM
hi,
They should file form I-130 for you immediately and once your priority date becomes current, you could file 485. You need to maintain status until you file 485. You should not wait until they become U.S. Citizens. You should lock your priority date and it will carry over even if they are U.S. Citizens. Family immigration is on a much faster track now.Take a look at past few visa bulletins to see.
They should file form I-130 for you immediately and once your priority date becomes current, you could file 485. You need to maintain status until you file 485. You should not wait until they become U.S. Citizens. You should lock your priority date and it will carry over even if they are U.S. Citizens. Family immigration is on a much faster track now.Take a look at past few visa bulletins to see.
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Munna Bhai
01-30 12:18 PM
If I have an approved labor and switch attorneys, is it mandatory for current attorney to hand over the approved labor and all relevant documents to the new attorney or can he choose NOT to give it ?
Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .
Thanks.
You need your employer's approval, without them you cannot change the attorney. If employer's says yes, then you can switch attorney.
Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .
Thanks.
You need your employer's approval, without them you cannot change the attorney. If employer's says yes, then you can switch attorney.
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NANO3
11-10 09:56 PM
i don't see any stamps :stare:
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ivvm
08-27 08:17 PM
Give it 1-2 weeks at least! Relax...There is still a long way to go ;)
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psaxena
08-06 08:41 PM
Join the donor, the fun is right in their.
Friends,
There used to be a number of threads created / discussed every day on IV... those good ol' days... a lot of good discussions on a variety of topics, including immigration:D
But of late I am seeing fewer threads on IV and wondering what could be the reason.
1. Either a lot of folks got greened and stopped visiting IV
2. or a lot of folks lost jobs & abandoned their GC process
3. or a lot of folks got frustrated and left for their home countries
Is this just me feeling this way or...?
Friends,
There used to be a number of threads created / discussed every day on IV... those good ol' days... a lot of good discussions on a variety of topics, including immigration:D
But of late I am seeing fewer threads on IV and wondering what could be the reason.
1. Either a lot of folks got greened and stopped visiting IV
2. or a lot of folks lost jobs & abandoned their GC process
3. or a lot of folks got frustrated and left for their home countries
Is this just me feeling this way or...?
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rabbitboy33
03-08 07:11 AM
Can the lawyer ask for the missing form; and will it have to be done by the USCIS at the I-140 stage? I was under the impression that only the USCIS can do this?
Thanks. I appreciate all your responses. They have been very useful.
Thanks. I appreciate all your responses. They have been very useful.
irukandji
03-24 03:03 PM
there is a little logic involved here. what if you changed the jobs between your AC21 and latest NOID. I think CIS just wants to make sure you are still hired by issuing a NOID even though they looked into AC21.
BTW I had the same situation and I had to respond to NOID with the same emp letter.
BTW I had the same situation and I had to respond to NOID with the same emp letter.
arunoman
09-06 04:28 PM
Am in a strange situation
I filed I-140 and I-485 together in Aug 2007. I got I-140 receipt waiting for I-485 receipt.
I-140 - Status - Pending
Can I work in UK or Canada for some time?
Kindly advice.
Thanks in Advance
I filed I-140 and I-485 together in Aug 2007. I got I-140 receipt waiting for I-485 receipt.
I-140 - Status - Pending
Can I work in UK or Canada for some time?
Kindly advice.
Thanks in Advance
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