saimrathi
07-24 11:22 AM
I think all it is saying is that you need to submit the approved labor certification application with your i-140/485 concurrent application, as far as i can remember my lawyer sent in my approved labor cert appli with my concurrent filing appli.. although please check with ur lawyer...
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
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02-08 03:46 PM
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martinvisalaw
09-10 12:13 PM
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.
OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.
OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.
OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.
OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.
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Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
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bestin
06-19 02:38 PM
Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?
My labor didnt mention Masters either.
http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
My labor didnt mention Masters either.
http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
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immi_enthu
10-01 04:58 PM
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
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anandrajesh
12-07 03:37 PM
Answers to the best of my knowledge. Read my Disclaimer at the end...
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
-- Yes. You can do that and explain the consular officer abt the need for new passport
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
-- Stamping in one of the ppt is enough. You need to carry both of your passports wherever you go. In my case i went for my stamping last month and my passport is expiring Aug 07. I have my 3 year stamping on my ppt.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
-- One appt for both of u is enough. There is provision to add upto 10 applicants of the same family in 1 appt slot.
3) Will appointment be available in Feb or we r too late ?
-- They have opened it up in all embassies. You will get it.
Try the link https://www.vfs-usa.co.in/Home.aspx to get an estimate.
Feel free to ask me for any more qns.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
-- Yes. You can do that and explain the consular officer abt the need for new passport
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
-- Stamping in one of the ppt is enough. You need to carry both of your passports wherever you go. In my case i went for my stamping last month and my passport is expiring Aug 07. I have my 3 year stamping on my ppt.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
-- One appt for both of u is enough. There is provision to add upto 10 applicants of the same family in 1 appt slot.
3) Will appointment be available in Feb or we r too late ?
-- They have opened it up in all embassies. You will get it.
Try the link https://www.vfs-usa.co.in/Home.aspx to get an estimate.
Feel free to ask me for any more qns.
more...
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parablergh
07-31 07:21 PM
Non-immigrants residing in the U.S. are required to update USCIS with a change of address within 10 days of moving. As you now appear to be living in a different location "y", you should update USCIS for you and any dependents immediately.
As you are now living/residing in place "y" that is your residential address and you will need to file your AP/EAD (I-131/I-765) renewals according to your current address.
Some general instructions:
Please be sure to visit the USCIS website at https://egov.uscis.gov/crisgwi/go?action=coa for information regarding U.S. Citizenship and Immigration Services (USCIS) Change of Address procedures and for access to Form AR-11. USCIS expects that the Form AR-11 should be mailed or submitted electronically within ten days of any change of home address. You may submit the form electronically to https://egov.uscis.gov/crisgwi/go?action=coa.Terms, or by mail to the USCIS address listed on the Form.
If not submitting electronically, we strongly advise that all such forms be sent using U.S. Certified Mail, and Return Receipt cards. Sending the AR-11 form via Certified Mail is the only way to prove that change-of-address notification was submitted in a timely fashion.
Please be sure to indicate that you have pending petitions and provide the respective receipt numbers.
Good luck
As you are now living/residing in place "y" that is your residential address and you will need to file your AP/EAD (I-131/I-765) renewals according to your current address.
Some general instructions:
Please be sure to visit the USCIS website at https://egov.uscis.gov/crisgwi/go?action=coa for information regarding U.S. Citizenship and Immigration Services (USCIS) Change of Address procedures and for access to Form AR-11. USCIS expects that the Form AR-11 should be mailed or submitted electronically within ten days of any change of home address. You may submit the form electronically to https://egov.uscis.gov/crisgwi/go?action=coa.Terms, or by mail to the USCIS address listed on the Form.
If not submitting electronically, we strongly advise that all such forms be sent using U.S. Certified Mail, and Return Receipt cards. Sending the AR-11 form via Certified Mail is the only way to prove that change-of-address notification was submitted in a timely fashion.
Please be sure to indicate that you have pending petitions and provide the respective receipt numbers.
Good luck
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ChainReaction
08-10 09:12 AM
http://www.murthy.com/chatlogs/ch073007_P.html
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
more...
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pd_recapturing
06-14 02:48 PM
If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?
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09-14 02:13 AM
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vishage
07-18 11:03 AM
I have e filed on 7/2, there was soft lud today, do you have a soft lud when ur FP notice is mailed? has anyone seen the same??thanks for your reply
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chvs2000@yahoo.com
08-17 12:23 AM
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
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ak_2006
07-08 04:38 PM
If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.
satyasaich
07-12 06:14 PM
that the new 140 gets approved(for which i have no doubt) with old priority date.
then go ahead for 485.
the only point here is to play SAFE, and try to be on H1 until the new 140 is approved
Will this be same if you are with same employer??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
then go ahead for 485.
the only point here is to play SAFE, and try to be on H1 until the new 140 is approved
Will this be same if you are with same employer??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
snathan
08-26 09:02 PM
Hi folks,
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job
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