AnandNJ
06-27 03:04 PM
No, you can not get a copy of I-140 by USCIS
except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.
If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.
except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.
If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.
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sledge_hammer
03-04 09:21 PM
Your priority date is Dec 2004, in which case it is presumable that you are aware of immigration laws. I'm sure you know that working for cash is illegal when you are on H4 visa. Then why the hell would you advise someone to do it?
This is a very irresponsible advice you have given. Please refrain from doing it again.
Either you can enrich your skills by joining some short term courses or do small work (like teaching kids/ day care/ dance classes/ singing etc) where in you can earn CASH .................. I am not sure of your background so cannot comment on choices that you have.
This is a very irresponsible advice you have given. Please refrain from doing it again.
Either you can enrich your skills by joining some short term courses or do small work (like teaching kids/ day care/ dance classes/ singing etc) where in you can earn CASH .................. I am not sure of your background so cannot comment on choices that you have.
sagar_nyc
08-15 11:28 AM
Ramesh,
Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.
My advice to you is consult with good attorney.
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.
My advice to you is consult with good attorney.
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
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coopheal
01-01 01:46 PM
dude couple reasons listed above, other reasons from the various posts on this topic.
1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
3) Lot of people have switched to EB2 from EB3
4) The formal retrogression phenomenon started around 2003.
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
3) Lot of people have switched to EB2 from EB3
4) The formal retrogression phenomenon started around 2003.
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
more...
sbmallik
05-04 10:59 AM
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
You can't maintain H-1B status while physically residing in India. But, you can still have your GC process running.
An absence won't be of any consequence as long as the visa is valid and you are employed by the same employer.
Really appreciate all the answers!!
You can't maintain H-1B status while physically residing in India. But, you can still have your GC process running.
An absence won't be of any consequence as long as the visa is valid and you are employed by the same employer.
god_bless_you
07-18 09:17 PM
You can apply from your Wife's company for that You will be dependent and her's will be primary.
When submitting you need to enter Alien numbers obtained from the first filing.
The critical part of applying like this is both the I 485 receipts SHOULD get same A# associated.
Once one 485 is approved USCIS will cancel the other or you can write th service center where pending I 485 is to cancel with all related details.,
HAVING MORE OPTIONS IS ALWAYS BETTER!!
When submitting you need to enter Alien numbers obtained from the first filing.
The critical part of applying like this is both the I 485 receipts SHOULD get same A# associated.
Once one 485 is approved USCIS will cancel the other or you can write th service center where pending I 485 is to cancel with all related details.,
HAVING MORE OPTIONS IS ALWAYS BETTER!!
more...
jsb
09-07 09:26 AM
Hi:
...
Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application. ...
Gopi
Are you more worried about losing money, or any other negative repercussions? Money? it is not significant in the overall picture.
Did you say in your second application that you were doing so because your checks on original application may be bad?
In any case, USCIS system should not allow to accept an application the second time.
...
Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application. ...
Gopi
Are you more worried about losing money, or any other negative repercussions? Money? it is not significant in the overall picture.
Did you say in your second application that you were doing so because your checks on original application may be bad?
In any case, USCIS system should not allow to accept an application the second time.
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pthoko
08-03 10:02 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
more...
redelite
08-20 01:54 PM
"Oh-really?" (quick like almost one word) and "Yah REALLY!"
..at least that's how I read it..
..at least that's how I read it..
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addsf345
11-20 04:21 PM
Co-sufferers,
Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?
There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?
I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:
Thanks all for sharing.:)
I personally know one my co-worker and other a friend's friend. Both from India & didn't even informed INS (now CIS) about job change. No RFE, they did recieve their GC without any issues.
Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?
There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?
I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:
Thanks all for sharing.:)
I personally know one my co-worker and other a friend's friend. Both from India & didn't even informed INS (now CIS) about job change. No RFE, they did recieve their GC without any issues.
more...
ca_immigrant
03-22 11:42 AM
very sad incident !
May God give the family strength and support !
May God give the family strength and support !
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snthampi
05-04 05:52 PM
Why don't send them an email stating that the project ended after 4 months? Don't forget to CC company B.
If the project ended, then you are not getting paid for that project anymore. So, that itself is your proof, in case you receive a legal notice. So, stop worrying.
If the project ended, then you are not getting paid for that project anymore. So, that itself is your proof, in case you receive a legal notice. So, stop worrying.
more...
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amitjoey
11-27 04:23 PM
..All USCIS wil be doing is processing EEADs and AP..
And making 60 million dollars by issuing EAD and AP's every year. Who would want to kill a CASH COW. That is not a mess for them.
And making 60 million dollars by issuing EAD and AP's every year. Who would want to kill a CASH COW. That is not a mess for them.
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logiclife
01-09 11:26 AM
Thanks.
more...
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hpandey
01-08 01:29 PM
my spouse did not change her last name. Its not required in America. Even the bank accounts are different.
My spouse also did not change her last name. Believe me getting the name changed on all of the things you have mentioned is one big hassle and is not worth it and with all the documentation that keeps floating around in the system endlessly now a days it is better to keep the same name.
My spouse also did not change her last name. Believe me getting the name changed on all of the things you have mentioned is one big hassle and is not worth it and with all the documentation that keeps floating around in the system endlessly now a days it is better to keep the same name.
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thesparky007
04-17 07:48 PM
there you go! I really like that one! :A+:finally!!
thanks
thanks
more...
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soma
01-15 10:07 AM
Cut and paste for me by my attorney:
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
That means they used up 2497 visas in october noveber? The numbers are quite high, so were they only working on EB2 files from india in oct-nov, unlikely. So have they really used up 2800 visas for sure? Can that be found out?
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
That means they used up 2497 visas in october noveber? The numbers are quite high, so were they only working on EB2 files from india in oct-nov, unlikely. So have they really used up 2800 visas for sure? Can that be found out?
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hydboy77
07-14 01:59 PM
I dont mean to be greedy or selfish but from a purely technical analysis this is extremely bad news for EB2\Eb3 India and China folks. Eb4 and Eb5 account for 10% of the 140000 EB green cards every year. If EB4 and Eb5 were discontinued these visas would have spilled over into Eb1,2,3 category. With the Eb4 and Eb5 extension in the senate bill we are screwed royally. There is heavy misuse in the Eb4 category, so much so that it Eb4 and EB5 may retrogress for India!!!!, there will never be any spillover from this category.
What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.
To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.
What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.
To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.
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thomachan72
10-19 09:35 AM
Has anybody done that?
Questions;
1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
2) Has the new job title and responsibilities be very similar to the old one?
3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?
It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.
Questions;
1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
2) Has the new job title and responsibilities be very similar to the old one?
3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?
It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.
makemygc
04-02 09:31 PM
Hi Desiguy786,
I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
madhavig
08-02 01:23 PM
I work as a consultant for one of the big 5 firms implementing SAP applications. What is the job code referenced for this job? I want to know the job category it falls under as per the Dictionary of Occupation Title or the O*Net published by DOL. My company did not provide me this information but any help will be greatly appreciated.
Thanks everyone in advance,
Madhavi
Thanks everyone in advance,
Madhavi
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