IVfan08
04-21 06:42 PM
I filed in Jan 09 and got approved in March 09.
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getta05
03-27 01:10 PM
Yes Ofcourse it is going to be serious business,
I mean it is not for the purpose og gaing a GC.
I plan to buy a franchise as in SUBway, QUIZNOS.
Is there a minimum # employees that I have to maintain and how soon can I apply for GC.
Should the employees be permanent.
Yes I will keep this updated.
Thank you,
I mean it is not for the purpose og gaing a GC.
I plan to buy a franchise as in SUBway, QUIZNOS.
Is there a minimum # employees that I have to maintain and how soon can I apply for GC.
Should the employees be permanent.
Yes I will keep this updated.
Thank you,
kirupa
05-21 08:32 PM
Hi Marina - can you zip up and attach your project? :)
Thanks,
Kirupa
Thanks,
Kirupa
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morchu
04-29 06:14 PM
I agree, that for most of the cases "approved" is a safer approach.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
more...
pagalForGC
06-17 08:48 AM
HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.
I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.
I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?
Thanks,
PagalForGC
I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.
I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?
Thanks,
PagalForGC
raysaikat
06-14 12:05 AM
I am working in Company A and currently on OPT. My 2008 H1visa has been approved. It will be effective on Oct.1st. Now I got a much better job offer from company B, and need to join the new company in July. How can I transfer my H1 visa? Thanks a lot in advance. By the way, I can work on OPT for any employer before Oct 1st.
Just ask the new company to apply for a new H1B and give them the approval notice of the current one which will show that you have been counted towards the quota.
Just ask the new company to apply for a new H1B and give them the approval notice of the current one which will show that you have been counted towards the quota.
more...
fromnaija
07-22 09:24 AM
You nearly aged out but since your priority date became current before your 21st birthday, you should be eligible to get an immigrant visa. CSPA protects you here. Also they should deduct about four months (period your father's I140 was outstanding) from your current age. This makes you eligible for a visa. See what happens at your next appointment but ask your Dad to talk to an immigration attorney in the US.
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sayonara
12-13 12:14 PM
Guys, I guess almost everybody is done with their finger printing by now.
I think there is a significant chunk of the crowd (mostly NSC-CSC-NSC and other transfer cases) who havent got FP notices yet...so if nothing else...feel glad that you are ahead of us in the GC game...LOL
I think there is a significant chunk of the crowd (mostly NSC-CSC-NSC and other transfer cases) who havent got FP notices yet...so if nothing else...feel glad that you are ahead of us in the GC game...LOL
more...
hopelessGC
08-18 04:26 PM
Hi All,
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
This topic has been discussed a lot in this forum. It helps to do a search before starting a new thread.
I recently changed my address via online AR-11 and no RFE so far. My change of address was within the same zip code though.
AR-11 is mandatory so please file it.
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
This topic has been discussed a lot in this forum. It helps to do a search before starting a new thread.
I recently changed my address via online AR-11 and no RFE so far. My change of address was within the same zip code though.
AR-11 is mandatory so please file it.
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bp333
11-26 09:21 AM
That is GREAT!
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).
more...
BumbleBee
08-24 07:16 PM
Not sure whats stopping from this regulation to come in to effect
http://www.ilw.com/articles/2006,0314-guevara.shtm
http://www.murthy.com/news/n_subupd.html
I wish if they publish the regulation soon, out of those 360K labor pending, half of the employees must have left the company.
If the system doesn't change than may be its best to change ourselves to suite the system :D .
<Joke> :rolleyes:
Does anyone have approved/upapproved labor of 2001 and looking for subsitute candidate???? Please contact IV at blah blahh.. </Joke> :eek:
never mind, just evening frustration!!!!!!
BumbleBee
http://www.ilw.com/articles/2006,0314-guevara.shtm
http://www.murthy.com/news/n_subupd.html
I wish if they publish the regulation soon, out of those 360K labor pending, half of the employees must have left the company.
If the system doesn't change than may be its best to change ourselves to suite the system :D .
<Joke> :rolleyes:
Does anyone have approved/upapproved labor of 2001 and looking for subsitute candidate???? Please contact IV at blah blahh.. </Joke> :eek:
never mind, just evening frustration!!!!!!
BumbleBee
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jonty_11
07-05 04:44 PM
Good Catch Jonty, and the guy has the audacity to claim that his(is it really his, or store bought) priority date is 2004. For the sake of thousands who are not scamming the system, I sure hope this guy had sent a single check for 140 and 485 together.
Man....I dont mean to be rude...but these are times of trial and frustration....
Man....I dont mean to be rude...but these are times of trial and frustration....
more...
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Jaime
05-31 01:43 PM
I work for a big company and I know where a lot of the H1B people congregate for lunch and I posted the IV poster there
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GC4US
08-28 11:33 PM
Could anyone, please help me with this issue?:
My company who sponsored my green card is living in Massachusets....is it ok if my company sent the package of I-485 and I-140 to Nebraska?( concurrent filing)..they should't have sent the package to Texas? ( my consulting company is in MA, but I work at the client site in Texas).
Please advise me as I'm very confused and worried.
Thank you!
My company who sponsored my green card is living in Massachusets....is it ok if my company sent the package of I-485 and I-140 to Nebraska?( concurrent filing)..they should't have sent the package to Texas? ( my consulting company is in MA, but I work at the client site in Texas).
Please advise me as I'm very confused and worried.
Thank you!
more...
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raju123
06-18 01:05 PM
Ask for the copies and doctor will give copies of all reports.
Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?
Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?
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Almond
07-17 09:17 AM
If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.
That's your alien number and it's given to you when your I140 is approved. See my post above.
That's your alien number and it's given to you when your I140 is approved. See my post above.
more...
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pappu
07-12 02:59 PM
I got different answers from Khanna and Murthy.
Khanna office saying we can apply for 485 with old priority date(140 will be approved with new pritority date), murthy office said it's better to get 140 approval with old priority date and then go for 485.
check with your attorney.
when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.
Khanna office saying we can apply for 485 with old priority date(140 will be approved with new pritority date), murthy office said it's better to get 140 approval with old priority date and then go for 485.
check with your attorney.
when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.
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sundarpn
06-29 01:39 AM
For folks who are past the 180 day period:-
what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
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GCBy3000
07-26 05:35 PM
Can IV send email todya to all TEXAS members if it supports this move since tomorrow is the last day for registration.
RamBihari
02-16 03:59 PM
If each state in India were a country
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
ksam75
01-08 03:19 PM
Hi Gurus,
I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.
I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.