lazycis
05-01 11:54 AM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
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coopheal
11-10 05:13 PM
All,
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Answered the the survey.
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Answered the the survey.
rpat1968
09-03 11:42 AM
Still Waiting... Frustrated after seeing so many out of turn approvals for later PD's.
PD : 08 July 04 ND : 08/09/2009
Last LUD : 04/14/09 (Aftter Replying to EVL RFE for Primary and Marriage Cerificate for Spouse).
Be Patient, i do fee that all whose pd is before jan 2005 EB2 India will get their GC.
Hang on there, you will get it, more than likely by EOD today.
PD : 08 July 04 ND : 08/09/2009
Last LUD : 04/14/09 (Aftter Replying to EVL RFE for Primary and Marriage Cerificate for Spouse).
Be Patient, i do fee that all whose pd is before jan 2005 EB2 India will get their GC.
Hang on there, you will get it, more than likely by EOD today.
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dazed378
03-28 03:23 PM
I sent the documents (tax return and W-7 together) through certified mail and as per USPS tracking, they were delivered on 28th Feb. However, IRS representative said they received my tax return documents on 14th March. I got the refund through direct deposit on 25th March.
more...
needhelp!
08-23 06:38 PM
I am new here, Could anyone explain what is Texas State Chapter Activation about? how does that work? thanks!
Join here (they will need your phone number)
http://groups.yahoo.com/group/texasiv
Join here (they will need your phone number)
http://groups.yahoo.com/group/texasiv
chapper
11-08 12:54 PM
From the pdf:
Major volumes of pending applications at the end of September 2007 include:
1,383,975 I-130 spouse/relative petitions;
654,864 applications to adjust status;
281,122 I-765 employment authorizations;
188,559 I-131 reentry permit/advance parole;
63,083 I-90 Green Card renewals/replacements.
654,864 - see below - any thoughts? 320,000 to 350,000 primary applicants!
According to I485: AOS includes - K1, K2, asylum, native or citizen of Cuba, refugee, living before 1972, spouse and minor of Cuba native.
Major volumes of pending applications at the end of September 2007 include:
1,383,975 I-130 spouse/relative petitions;
654,864 applications to adjust status;
281,122 I-765 employment authorizations;
188,559 I-131 reentry permit/advance parole;
63,083 I-90 Green Card renewals/replacements.
654,864 - see below - any thoughts? 320,000 to 350,000 primary applicants!
According to I485: AOS includes - K1, K2, asylum, native or citizen of Cuba, refugee, living before 1972, spouse and minor of Cuba native.
more...
sheela
10-05 09:58 AM
Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.
Nothing makes sense.
Thanks
Senthil
hi, Do you know: How recent, which nationality, when was his/her aos filed
Nothing makes sense.
Thanks
Senthil
hi, Do you know: How recent, which nationality, when was his/her aos filed
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Gurunadha
08-16 03:21 PM
which state your employer belongs to?
more...
cahaba
04-13 12:36 AM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
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Bobby Digital
October 22nd, 2005, 11:49 PM
I think the first shot needs more light. The second and third are great!! Nicely done!!
more...
binadh
10-15 03:23 PM
Just gotta call from the lawyer's office. PERM is approved today after more than 15 months. :D
Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.
Original filing - Jun 17th 07
Query response - Nov 2nd 07
Approved - today
Filed at Atlanta service center
EB2 ROW
Thanks.
Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.
Original filing - Jun 17th 07
Query response - Nov 2nd 07
Approved - today
Filed at Atlanta service center
EB2 ROW
Thanks.
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sledge_hammer
02-07 04:07 PM
Take the poll people ...
Thanks!
Thanks!
more...
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glus
08-21 09:32 AM
I am happy for you. Good luck!!
G
G
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shreekarthik
08-08 11:43 AM
Basically, you get 1 credit for a quarter of year, so 4 credits a year. If you have lived and worked 8 full years and 6 months for the year when you came and 6 months the year you depart from the country, you will,be fine. So bottom line is 40 quarters i.e. 10 Years i.e (1 quarter is 3 months) of gainfully employed time and having paid SS Taxes.
It's not per quarter. It's based on your earnings. It was around $4000 per year gross or so for 4 credits. So if u arrived in December and left in Feb with 8 years in between you would be eligible if you get paid $4000 per month.
For a lot of finance information go to http://groups.msn.com/R2IClub. For 401K information, IRA, ROTH etc search google for "RRK Limits". RRK has tonnes and tonnes of info. By planning your departure from USA you can minimize the taxes on 401K. Penalty cannot be avoided.
It's not per quarter. It's based on your earnings. It was around $4000 per year gross or so for 4 credits. So if u arrived in December and left in Feb with 8 years in between you would be eligible if you get paid $4000 per month.
For a lot of finance information go to http://groups.msn.com/R2IClub. For 401K information, IRA, ROTH etc search google for "RRK Limits". RRK has tonnes and tonnes of info. By planning your departure from USA you can minimize the taxes on 401K. Penalty cannot be avoided.
more...
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GCSOON-Ihope
11-06 12:31 PM
Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?
It is more a matter related to Department of Labor than USCIS.
It is more a matter related to Department of Labor than USCIS.
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snathan
05-20 06:19 PM
Not favoring Wipro or quitting person here. General comment..
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...
more...
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mdy_tvr
02-04 06:34 PM
yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.
Thanks meridiani.planum for the response.
Thanks meridiani.planum for the response.
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obviously
08-04 11:45 AM
Thanks for the 2 quick responses... albeit, opposite in recommendation :)
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
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psam
10-27 10:30 PM
Hi Sam,
I am in same situation i didn't receive the cards did you find any thing about your card. please let me know it helps me a lot.
Thanks
Calling up Customer service fixed it. My card did arrive a month+ after my spouse. there was some problem with production of my card first time around.
I am in same situation i didn't receive the cards did you find any thing about your card. please let me know it helps me a lot.
Thanks
Calling up Customer service fixed it. My card did arrive a month+ after my spouse. there was some problem with production of my card first time around.
raj2227
10-17 03:12 PM
1
andhrawala
09-16 04:24 PM
Done
