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08-08 09:40 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEicHwYVAgd4IIaPC5zmjGsLsxhPThm6jYuc8zK70TuJJNVL8kYJpsEnEyqSyb28-yRhZvWisi6Oel3zdr12RLsz96zDBVW1C31lxyyszAOoKrHY2lskt7tq_35TZd15q6w6M8h7Op8Oh9A/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEicHwYVAgd4IIaPC5zmjGsLsxhPThm6jYuc8zK70TuJJNVL8kYJpsEnEyqSyb28-yRhZvWisi6Oel3zdr12RLsz96zDBVW1C31lxyyszAOoKrHY2lskt7tq_35TZd15q6w6M8h7Op8Oh9A/s1600-h/investigator+image.jpg)
As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."
Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"
The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.
She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.
It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.
The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.
You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?
What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEicHwYVAgd4IIaPC5zmjGsLsxhPThm6jYuc8zK70TuJJNVL8kYJpsEnEyqSyb28-yRhZvWisi6Oel3zdr12RLsz96zDBVW1C31lxyyszAOoKrHY2lskt7tq_35TZd15q6w6M8h7Op8Oh9A/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEicHwYVAgd4IIaPC5zmjGsLsxhPThm6jYuc8zK70TuJJNVL8kYJpsEnEyqSyb28-yRhZvWisi6Oel3zdr12RLsz96zDBVW1C31lxyyszAOoKrHY2lskt7tq_35TZd15q6w6M8h7Op8Oh9A/s1600-h/investigator+image.jpg)
As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."
Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"
The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.
She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.
It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.
The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.
You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?
What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)
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niceguy
12-18 05:25 PM
NSC wants to revoke my approved I140 when they were reviewing my 485 case. I140 is approved in TSC and 485 was in NSC. The reason was education. NSC and TSC are way different each other on how they look into education. I have Dip Comp Engg(polytechnic)+AMIETE+MS (BITS, Pilani). Though TSC approved my I140, NSC is questioning on the evaluation of AMIETE to US BS and MS,BITS to US MS. We replied and awaiting to hear from USCIS. I filed this labor in 2001 and it is my own labor. All 6+ years wait is in question now. My case is in EB2.
So, nothing is guaranteed and granted in the world :) event after you get it.
Best of luck.
So, nothing is guaranteed and granted in the world :) event after you get it.
Best of luck.
vjkypally
08-07 11:55 AM
Can we remove this now tht we have had our laughs:) this way we know when the real one comes out:)))
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msekhargc
06-21 11:41 AM
Thanks for your response
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
more...
pappu
12-13 01:05 PM
After giving the call for the meeting only one member responded and met me. If there is no active interest by members how can we all get things done. We need every member to participate in the effort. Together we can do it!!
wandmaker
07-19 04:01 AM
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
Thanks for sharing, Nice to know there is a separate counter for H1B revalidation. Enjoy your rest of the vacation.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
Thanks for sharing, Nice to know there is a separate counter for H1B revalidation. Enjoy your rest of the vacation.
more...
raysaikat
12-19 12:18 PM
I came here with my dad and mom. My dad's I-485 was denied because his I-140 was revoked. He appealed but it was dismissed. With the principle application denied, everything for me and my mom was also denied. Because I was just a child I really had no idea what was going on. However flipping through all the family documentations I don't see any deportation orders, I only see something that says we no longer has a valid non immigrant status and the district office has jurisdiction over issues of departure.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant?
Under what VISA did your parents enter US in the first place? When I-485 was denied, was the VISA based on which they had entered still valid? If yes, how long was it valid afterwards? What was your own VISA when you entered (even if you were a child, you would have your own passport and a dependent VISA)?
Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant?
Under what VISA did your parents enter US in the first place? When I-485 was denied, was the VISA based on which they had entered still valid? If yes, how long was it valid afterwards? What was your own VISA when you entered (even if you were a child, you would have your own passport and a dependent VISA)?
Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
2010 jesus wallpaper. jesus
LC2002
04-14 11:05 AM
it is nice to see people with older priority dates are getting approved. At least USCIS is working in proper order rather than in wild pattern
If USCIS would have been working in proper order, I should have got approval long ago as my PD had been current for more than a year. Anyway this is over can't complain. Good luck for all those waiting.
If USCIS would have been working in proper order, I should have got approval long ago as my PD had been current for more than a year. Anyway this is over can't complain. Good luck for all those waiting.
more...
tejonidhi
09-12 10:23 AM
I guess USCIS will use whitepages.com soon for verification of address.
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invincibleasian
02-05 02:16 PM
Guys labor substitution is still not in place!!!
more...
superdude
07-21 11:08 PM
Hello,
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
I did not enter the A# on 485 as it is diff on 140 and OPT card. My lawyer suggested not to enter the A#. Pls cofirm the same with your lawyer
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
I did not enter the A# on 485 as it is diff on 140 and OPT card. My lawyer suggested not to enter the A#. Pls cofirm the same with your lawyer
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Michael chertoff
08-04 02:56 PM
Please post here to boost moral of all others if
you have received Welcome Email for GC approval :D in August 2009 (this month).
This will help our community and keeps our hopes live.
Thanks
MC
you have received Welcome Email for GC approval :D in August 2009 (this month).
This will help our community and keeps our hopes live.
Thanks
MC
more...
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kbsyed61
08-21 10:01 AM
I'm waiting as well.
Center: NSC
PD Nov 2004,
I-140 approved Sep 2007.
RD July 2, 2007.
ND Aug4, 2007
Center: NSC
PD Nov 2004,
I-140 approved Sep 2007.
RD July 2, 2007.
ND Aug4, 2007
tattoo Jesus Beautiful Savior 1
kaizersoze
07-18 10:44 AM
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
Granted, its nto the best way. Now, can you suggest a way pls ? What is generally recommended ?
Can you pls help 'convince' people to contribute...
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
Granted, its nto the best way. Now, can you suggest a way pls ? What is generally recommended ?
Can you pls help 'convince' people to contribute...
more...
pictures Praise Jesus - king of kings,
uslegals
12-20 02:00 PM
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
dresses tsunami hits japan »
smiledentist
06-21 11:16 AM
anyone
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americandesi
09-06 02:38 PM
1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days
2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.
3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.
4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.
5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)
6) Issuing RFE for EAD biometrics even after completing biometrics.
7) Issuing RFE for EAD biometrics without issuing biometrics notice.
8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.
9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.
10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.
11) CSR’s providing conflicting answers to the same question.
12) Backward movement of processing times instead of forward movement.
13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.
14) Not sending the EAD physical cards on time even after the change in online status to CPO.
15) IO’s at POE interpreting the usage of AP in different ways.
16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.
17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.
18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.
19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.
20) Last but not the least, wasted visa numbers and growing backlog with increased fees.
Sounds like our desi babus are better than these potato heads. God Bless America.
2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.
3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.
4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.
5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)
6) Issuing RFE for EAD biometrics even after completing biometrics.
7) Issuing RFE for EAD biometrics without issuing biometrics notice.
8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.
9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.
10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.
11) CSR’s providing conflicting answers to the same question.
12) Backward movement of processing times instead of forward movement.
13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.
14) Not sending the EAD physical cards on time even after the change in online status to CPO.
15) IO’s at POE interpreting the usage of AP in different ways.
16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.
17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.
18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.
19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.
20) Last but not the least, wasted visa numbers and growing backlog with increased fees.
Sounds like our desi babus are better than these potato heads. God Bless America.
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desi3933
06-22 09:59 AM
This is from my attorney:
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.
It is the last entry not the first entry.
It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).
If your attorney does not understand 245(k), may be you should consider getting second opinion.
Section 245(k) applies for ALL employment based I-485s.
Not a legal advice
----------------------------------
Permanent Resident since May 2002
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.
It is the last entry not the first entry.
It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).
If your attorney does not understand 245(k), may be you should consider getting second opinion.
Section 245(k) applies for ALL employment based I-485s.
Not a legal advice
----------------------------------
Permanent Resident since May 2002
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bestia
03-12 03:18 PM
Both lawyers are right. To get the correct answers you have to be asking correct questions.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
morchu
05-08 04:04 PM
I would say file EB1-140 alone for now (you can retain Oct 06 priority date for EB1 with proper documentation), wait for its approval, and after the approval of EB1-140, still if your 485 is pending, do an "interfiling" showing your new EB1-140.
Assumption: EB1 is not going to be retrogressed beyond Oct 06, in future.
Thank you, Ms. Reddy for your prompt reply.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
Assumption: EB1 is not going to be retrogressed beyond Oct 06, in future.
Thank you, Ms. Reddy for your prompt reply.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
reddy77
11-06 03:29 PM
I am july 18th Filer, NSC, got my EAD and FP done, but still waiting for AP, got couple of LUD's for AP last week, but still it shows as received and pending ...
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