map_boiler
07-15 04:57 PM
Since you have an approved I-140 through your previous employer, the PD is yours to keep.
Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!
I was searching on internet and this is what i found on Murthy.com.
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Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
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Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!
I was searching on internet and this is what i found on Murthy.com.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
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Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
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mayhemt
08-30 12:02 PM
Not illegal if you are also present in the recording.
- son of a lawyer... not a lawyer myself.
hopefulgc is right.....laws vary by each state, but basic rule comes down to atleast one party on both ends consenting for recording. In this case, you have consented yourself for recording & recorded it. Also only if want to make it public this rule applies, If you are recording for your own reference it doesn't apply (disclaimer: consult a professional lawyer...)
Even I faced a similar situation with my manager (of course a desi). He would promise some things (like promotions) & the end of the year he would completely deny any promising like that. So I used my cellphone (most of the cellphones come with a voice recorder feature these days). Whenever he would take me for one-to-one review meetings, i would simply activate the voice record shortcut & keep my cellphone in my upper left pocket; later I when I played I laugh out loud for hours & hours for all the smooth bullshit he talks. Of course I never went public with them, kind of keeping them as secret weapon.
- son of a lawyer... not a lawyer myself.
hopefulgc is right.....laws vary by each state, but basic rule comes down to atleast one party on both ends consenting for recording. In this case, you have consented yourself for recording & recorded it. Also only if want to make it public this rule applies, If you are recording for your own reference it doesn't apply (disclaimer: consult a professional lawyer...)
Even I faced a similar situation with my manager (of course a desi). He would promise some things (like promotions) & the end of the year he would completely deny any promising like that. So I used my cellphone (most of the cellphones come with a voice recorder feature these days). Whenever he would take me for one-to-one review meetings, i would simply activate the voice record shortcut & keep my cellphone in my upper left pocket; later I when I played I laugh out loud for hours & hours for all the smooth bullshit he talks. Of course I never went public with them, kind of keeping them as secret weapon.
arihant
06-22 01:17 PM
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
I like your Logic. :D
I like your Logic. :D
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naushit
02-12 03:22 PM
Chris,
This is what I did, I just called and told them I need to do FP, can you please schedule it for me?, and surprisingly without any resistance they just scheduled my finger prints for First week of March! (yesterday I received FP notice,scheduled for fist week of March 2009).
I do not think without valid FP your case will pass their , "ready to approve" filter criteria.
so get your FP done.
Good luck,
Regards,
-N
You are right. My finger prints are expired and called several times and took info pass.
Same answer, " if IO thinks need FP, they will send. Wait for their decission". :mad:
This is what I did, I just called and told them I need to do FP, can you please schedule it for me?, and surprisingly without any resistance they just scheduled my finger prints for First week of March! (yesterday I received FP notice,scheduled for fist week of March 2009).
I do not think without valid FP your case will pass their , "ready to approve" filter criteria.
so get your FP done.
Good luck,
Regards,
-N
You are right. My finger prints are expired and called several times and took info pass.
Same answer, " if IO thinks need FP, they will send. Wait for their decission". :mad:
more...
BhanuPriya
01-12 07:06 PM
Please wait and see for the details. I will post it tomorrow with all the deails how to approach FOI.
LookingForGC
02-01 03:46 PM
Congratulation Mr. You experience is always needed here, please stay in touch here.
Good luck!
Good luck!
more...
jvs_annapurna
04-12 03:13 PM
Ya, it is my first extension
sent RFE asking that Client letter on the original letter head.
which I couldnt get, but sent the vendor letter stating my duties and date from which started working etc even the copy of the client badge with photo on it is attached in reply to RFE.
But Its denied thats is not enough to prove that you are working at that client place and location. and it seems the employer i.e my h1 company is just token employer.
but I know the clock started from 31st march am in out of status.
will i able wipe out out of status as it effect in future ?
does MTR works or do I need to the appeal ?
What are chances of my transfer ?
Please gurus advise?
Thanks
jvs
sent RFE asking that Client letter on the original letter head.
which I couldnt get, but sent the vendor letter stating my duties and date from which started working etc even the copy of the client badge with photo on it is attached in reply to RFE.
But Its denied thats is not enough to prove that you are working at that client place and location. and it seems the employer i.e my h1 company is just token employer.
but I know the clock started from 31st march am in out of status.
will i able wipe out out of status as it effect in future ?
does MTR works or do I need to the appeal ?
What are chances of my transfer ?
Please gurus advise?
Thanks
jvs
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paskal
07-08 08:37 PM
none of the forms ask for any of this
attorneys like to file them for "completeness"
i think they feel it strengthens the case and avoids unneeded questions
mine wantedW2 from 2003 (since i joined this job) but no returns
and last 2-3 pay stubs
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
attorneys like to file them for "completeness"
i think they feel it strengthens the case and avoids unneeded questions
mine wantedW2 from 2003 (since i joined this job) but no returns
and last 2-3 pay stubs
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
more...
jonty_11
01-15 12:07 PM
Problem is it will be another $500 expense (Test plus air Tickets) as the test center is not in my state/city.
I do have a Masters from US and 6 plus years expirience in US.
I had written a detailed letter explaining all that....I am going to try to take it withing 120 days as stipulated in the letter...
I do have a Masters from US and 6 plus years expirience in US.
I had written a detailed letter explaining all that....I am going to try to take it withing 120 days as stipulated in the letter...
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desitechie
01-08 07:46 PM
My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help
He needs to send it to the USCIS office in kentucky. you can google and get the address.
He needs to send it to the USCIS office in kentucky. you can google and get the address.
more...
xgoogle
08-20 01:52 PM
Yes even our received dates are different, mine was Sep 28 and my wife's was Sep 27. Receipt #s are SRC07285**** and SRC07284**** respectively.
For me and my spouse [derivative] only the last 2 digits differ. I got approved from TSC on 8/8/8 and received the card on 8/15/8. My spouses status still says:
Current Status: Case received and pending.
On September 28, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
PD: 3/3/6
For me and my spouse [derivative] only the last 2 digits differ. I got approved from TSC on 8/8/8 and received the card on 8/15/8. My spouses status still says:
Current Status: Case received and pending.
On September 28, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
PD: 3/3/6
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bskrishna
08-03 12:16 PM
what to you mean by 485 fingerprinting?
Is it just getting it done or any other issue relating to this...
Is it just getting it done or any other issue relating to this...
more...
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sanju_dba
02-01 09:22 AM
Congrats!
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logiclife
07-12 08:54 PM
Even DOS, who is partly responsible for this mess, is not willing to share burden with USCIS.
DOS is pretty much in the clear since they have done everything by the book. ALMOST.
USCIS has nowhere to go now. Rice has washed her hands off saying that whatever we did, we did a per laws and as per info provided to us by USCIS. If USCIS gave us wrong info, then sorry, its not our fault.
If DOS is jumping ship on USCIS, they why do you realistically expect FBI to be the honest forthcoming guy and share the burden. This is Washington DC.
DOS is pretty much in the clear since they have done everything by the book. ALMOST.
USCIS has nowhere to go now. Rice has washed her hands off saying that whatever we did, we did a per laws and as per info provided to us by USCIS. If USCIS gave us wrong info, then sorry, its not our fault.
If DOS is jumping ship on USCIS, they why do you realistically expect FBI to be the honest forthcoming guy and share the burden. This is Washington DC.
more...
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paskal
08-22 03:02 PM
This sound like a good idea...our first option is to attend the rally. But if for some reason we are not able to make it...we can identify a place in all the states on the same day to show support for the DC rally.. I tried to find someone in Buffalo...but noone responded..dont know whether I will be able to attend the rally in DC.
if no one responds here, please find a friend in Buffalo to travel with you!
or in Rochester or Syracuse or something. Plesae help spread the word about the rally. The University most definitely has affected folks- in fact it has oodles of them! let us know hoe we can help you with motivating people to come...if you could collect enough people...one bus could start in Buffalo and work it's way down...
if no one responds here, please find a friend in Buffalo to travel with you!
or in Rochester or Syracuse or something. Plesae help spread the word about the rally. The University most definitely has affected folks- in fact it has oodles of them! let us know hoe we can help you with motivating people to come...if you could collect enough people...one bus could start in Buffalo and work it's way down...
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GCnew
03-17 12:45 PM
No. I sent my application in June. It was received on June 19th.
Its good to be optmisitic but one thing I have learnt after waiting for so long for my green card is that this process is so screwed up that you can never expected anything that would follow a common sense of logic.
Its good to be optmisitic but one thing I have learnt after waiting for so long for my green card is that this process is so screwed up that you can never expected anything that would follow a common sense of logic.
more...
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kartikiran
06-17 11:11 AM
As part of this intiative, members who have gone through with service errors from USCIS can help and save others who might have to go through the same ordeal.
Please note, if you feel you have been a victim of USCIS service errors, sharing it here will enable IV to discuss these with USCIS and probably work on establishing a channel where USCIS can also help resolve applicants problems faster.
But the success of this initiative comes with how many of the past service errors we are able to collect.
So I hope members who have experienced a frustrating ordeal due to USCIS Service errors and had spent thousands of dollars for attorney fees to resolve those, can at least mention their ordeal here free of cost.
Every mention helps IV to get this initiative move forward.
Please note, if you feel you have been a victim of USCIS service errors, sharing it here will enable IV to discuss these with USCIS and probably work on establishing a channel where USCIS can also help resolve applicants problems faster.
But the success of this initiative comes with how many of the past service errors we are able to collect.
So I hope members who have experienced a frustrating ordeal due to USCIS Service errors and had spent thousands of dollars for attorney fees to resolve those, can at least mention their ordeal here free of cost.
Every mention helps IV to get this initiative move forward.
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transpass
03-16 03:57 AM
hi,
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
If you have the same job with similar job duties, one thing you can do is as follows...
Pull out your approved labor and see the job description. Use similar description on the new job. The description need not match word to word, but more or less similar. Also, consult your lawyer regarding this and seek his/her advice so that your AC21 sails smoothly...
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
If you have the same job with similar job duties, one thing you can do is as follows...
Pull out your approved labor and see the job description. Use similar description on the new job. The description need not match word to word, but more or less similar. Also, consult your lawyer regarding this and seek his/her advice so that your AC21 sails smoothly...
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avi101
05-19 04:30 PM
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.
2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.
3. Yes.
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.
2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.
3. Yes.
GC092003
04-18 11:57 AM
yes, I punched it right. I changed last digit... it shows it is approved... of course, this is not my case number.. someone who has one number different..
I am calling to a toll free number... I am so scare if they pull out my information and they might mess up by mistake... no?
I am calling to a toll free number... I am so scare if they pull out my information and they might mess up by mistake... no?
galacticman
03-06 07:30 PM
Thanks coopheal. Seems like they are still working on the 1st week itself. Hopefully I should see mine come around soon for preadjudication!
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
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