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  • Munna Bhai
    02-08 11:59 AM
    You want to keep your 140 intact for 2 reasons:

    1. To port the priority date for future use in a subsequent Greencard petition.
    2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

    First, about 1:

    There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

    In a nutshell:
    Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

    About 2:

    If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
    Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

    About preventing 140 from being revoked:

    I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.


    Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??




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  • Nov2004
    08-24 06:18 PM
    can you please let us know some details. I am in the same situation.
    Nov2004, EB3, I140 approved and I485 applied.

    1. what happens to the present ead, after filing the new I140.
    2.After I140 do we have to apply for new I485?



    It took almost 3 months to get the approval. Key points:
    1. USCIS does not accept I-140 PP as the original Labor approval is not included.
    2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
    3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

    Hope it helps....Good luck




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  • ganeshpv
    05-01 01:26 PM
    Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).




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  • moe
    02-11 07:49 AM
    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?



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  • sathweb
    01-21 12:57 PM
    Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:

    (Atleast his thought is good, to keep your mind at peace)

    I agree, thought or wish is good. If it is a thought/wish it would start with "I wish" , "I believe" or �I think� etc. His sentence starts with a rumor. Starting a rumor with the intension of misleading people is not good. His/her intensions are very clear.




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  • arnab221
    01-25 02:46 PM
    When it is piecemeal people say we want comprehensive reform.
    When it is comprehensive reform they say it is too broad to pass .
    When it is summer they say Immigration Bill be introduced as early as Winter .
    When it is winter they say it immigration bill will be introduced as early as summer .
    When it is between spring(between winter and summer) they say now there is not adequate support for the bill.

    This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .



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  • poorslumdog
    08-23 09:08 PM
    I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.

    I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.

    1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
    Thanking you in anticipation.

    Before someone gives you answer...can you answer this. Why someone should help you or provide any answer to you. In the last two years your post count is 5. So never participated in any drive, help fund raise....first IV need to get ride of selfish &*^%& like you. I wish and request others not to answer you...




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  • tertip
    03-11 08:04 PM
    Arkbird,
    I started my new job 5 months after I applied 485. Unfortunately I didn't have a choice then. That was one of the reasons I didn't file AC21. My tactic has been silently waiting for green card. With the April 09 visa bulletin I might have to wait for waay to long. I hope I won't receive an RFE for employment.



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  • pd_recapturing
    02-27 08:47 AM
    180 days are counted from RD of I-485 but its safer to count it from notice date to avoind any issues.




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  • shirish
    10-11 11:07 AM
    Don't worry abt the receipt date on the transfer notice. It is the date on which yor app was entered in the system, Your RN for 485 (which you have not received yet) will have the july 26th as RD and would have sept 26th as ND

    Hi Friends,

    We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.

    I always thought the receipt date of my application is the day when our application reached the center.

    Can someone help explaining this....

    Thanks,



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  • Rajeev
    08-11 08:22 AM
    does it have any impact, if a lot of people vote this bill on this site?
    Also, there is no time lines on when its going to be set for voting in House.

    It will definitely have an impact, but surprisingly very few persons are interested in pursuing this.




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  • iqube00
    04-24 01:48 PM
    my EAD is about to expire on may 6th. I applied for EAD renewal in january , i had around 90 days. My application package along with the cheque came back to me after 1month because I forgot to sign the application form.. Dumb right....
    Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
    Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!

    You are lucky. My EAD has expired and I sent an expedite request through my local congressman. They denied my request saying that they will not expedite because the 90 day window was not up yet.



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  • mantagon
    07-15 01:01 PM
    If your wife has given the EAD info to her employer (may be through W-9 form), then she does not have to report the change of status to USCIS, rather the employer is responsible for the notification.




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  • willIWill
    07-16 01:06 PM
    now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

    willIWill, can you please post the exact wording on your RFE regarding that point?
    Chi_shark,

    Here is the second point 'verbatim':

    2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:

    • Copies of both sides of your Form 1-94 Arrival/Entry Document;

    • Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);

    • Copies of both sides of your Form IAP-66;

    • Copies of any Form 1-797 approval notice/notice of action;

    • Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;

    • Copies of any and all Employment Authorization documents issued to you by this Service.

    Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.

    Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.



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  • shirish
    10-04 11:24 AM
    Received RN for EAD and AP for all three of us. (NO EAD for son :) as did not apply) yesterday
    PD - sept 05 EB2 India-
    I140 - Approved Apr 2006
    I-485,AP,EAD - reached NSC on July 27th 07
    485- RN - Not received
    EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
    AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX

    Hope every will get it soon.




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  • petersebastian
    04-01 05:58 PM
    You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.

    Yes, thank you, maybe I wasn't clear about it, but I wanted to make sure that the 3 year ban something I will be facing if I overstay the 180 days, not before. I want to stay here with my boyfriend, as I planned until the end on May, but I don't want to do something that will give me a ban...



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  • optimist
    07-31 10:58 PM
    ...And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.


    This is so true :( Had we known that such a loooooooooong delay awaits us, we would have thought a million more times before putting our lives in a limbo :mad:




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  • royus77
    06-18 12:39 PM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..


    Make sure that your co-worker is the one who you reported rather than a peer .It will fetch a lot .




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  • govindk
    10-25 11:15 AM
    I filed my application on July27th. Completed FP on 10th Oct. I have not received EAD yet. When i called USCIS, I got response to wait 90days from the receipt date.




    aachoo
    04-22 12:51 PM
    This is literally word for word the RFE I got. Basically an employment verifications. I did not use AC21, no job changes, no nothing. Attorney aid it was normal and responded in 2 days.
    -a



    My lawyer got the RFE notice yesterday....

    USCIS requesting the following...
    1. Dated letter from employer detailing job duties and position
    2. Your proffered position if different from current one
    3. Date I began employment and current salary
    4. Letter must be signed by executive officer of the company
    5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist

    They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.




    vegasbaby
    06-10 09:50 AM
    Hello All,

    I was reading at some of the posts in this forum and they seem to have been quiet helpful.

    My company has decided to go ahead with my GC process.
    Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

    She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
    Following this USCIS will make a decision whether to grant EB2 or EB3 category.

    I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

    To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

    Please Advice.

    Thanks,
    Shakti


    I have a 3 yrs Diploma from BTE - Mumbai & 3 years B.E. from Univ of Mumbai. In Mumbai, you can do 10 + 3yr Dip + 3yr BE OR you can do 12 + 4yr BE. Eventually 16 yrs of education is more important + there is no difference between the degree awarded to you & someone who does a 4 yrs degree.

    I have EB3 pending & have currently labor done under EB2 with no issues.



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