waiting4gc
07-18 03:06 PM
As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
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dilber
04-24 06:16 PM
Congratulations... have an awesome party... :)
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corleone
11-13 09:30 AM
Well friend.. If you are not aware of any specific culture or any nation's tradition in specific, then please dont comment anything.
Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
Never mind.. I think you got my message.
First off, I did answer his question, read my first post.
Second, directing to the google didn't come from me, he is the one who pointed me out to the google, I just copy/past his answer in my reply!!!
Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
Never mind.. I think you got my message.
First off, I did answer his question, read my first post.
Second, directing to the google didn't come from me, he is the one who pointed me out to the google, I just copy/past his answer in my reply!!!
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reachinus
07-30 10:18 AM
Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....
thanks for the kind replies...
Yes is surely possible. To get a reply from the appeals process takes years. What your lawyer suggesting is a good option. Hope you have strong points to over come the cause of the last denial. In case is was due to ability to pay, make sure you are getting paid atleast the Prevailing wage and submit that pay stubs that prove the same.
Best of luck with your filing.
thanks for the kind replies...
Yes is surely possible. To get a reply from the appeals process takes years. What your lawyer suggesting is a good option. Hope you have strong points to over come the cause of the last denial. In case is was due to ability to pay, make sure you are getting paid atleast the Prevailing wage and submit that pay stubs that prove the same.
Best of luck with your filing.
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Munna Bhai
01-18 12:38 PM
Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.
They can't deny anyone who has filed I-485 because you have already crossed labor + I-140. Yes, they will ask for latest financial report for ability of pay etc. I do know that lot of company stopped processing of GC during that time.
Why the hell they don't stop H1bs rather than targetting people who already filed GC.
They can't deny anyone who has filed I-485 because you have already crossed labor + I-140. Yes, they will ask for latest financial report for ability of pay etc. I do know that lot of company stopped processing of GC during that time.
Why the hell they don't stop H1bs rather than targetting people who already filed GC.
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hivicks
04-07 05:02 PM
Thanks that helps!- so you filled the G-639 form and had to wait for almost 8 months to get a copy of the I-140 approval notice.
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485InDreams
02-11 07:56 PM
i haven't recevied my FP notice yet.....
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gckalafda
03-20 11:28 AM
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
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eilsoe
10-02 02:33 PM
there's a wallpaper section??
where..?
where..?
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theMan
05-25 12:57 PM
No offense, my friend. I think you are in the wrong forum.
Anyhow, to give answer your question, in Houston, it took about 6 weeks. You can go there in person, get an appointment and you could cut down your processing time in half.
All this is based on the fact that it is a straightforward case.
Anyhow, to give answer your question, in Houston, it took about 6 weeks. You can go there in person, get an appointment and you could cut down your processing time in half.
All this is based on the fact that it is a straightforward case.
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milind70
07-25 12:27 AM
I did not realize this before and even my attorney did not tell me anything about this. what is the requiremnet for passport to apply I485? same time my application was mailed today afternoon in registered post. If there is slight chance of rejecting I want to call back my application and applying with new passport. what you guys think about this?
Frankly Speaking there is no relevance,I know when i stamped my H1 for the first time visa stamping given to me was beyond the expiry date of passport in which the visa stamp was stamped.
The deal is that when u r staying abroad other than your home country it is expected that one renews its passport 1 year before expiry.I renewed my passport one year before expiry thats the norm most countries follows. Even nowadays you go for stamping US embassy wants mimimum six month valid passport.Many people have got in trouble/issues with this since they get the full period visa but immigration officer at POE/airport only issue I 94 upto the validity of you passport,these things cause unneccessarry issues of filing for extension of status to get extended I 94. It is very important that everyone renews their passport before one year of expiry.
As far as your case is concerned i dont think unless there are red flags in your case they are going to look at your passport expiry date ,at the max they might issue an RFE or expalnation, lawyers usually file more than requested documents like W2's ,tax rerturns etc so that RFE's can be avoided as RFE can signifacntally slow down your case processing . I would suggest you to renew your passport as soon as possible.
Frankly Speaking there is no relevance,I know when i stamped my H1 for the first time visa stamping given to me was beyond the expiry date of passport in which the visa stamp was stamped.
The deal is that when u r staying abroad other than your home country it is expected that one renews its passport 1 year before expiry.I renewed my passport one year before expiry thats the norm most countries follows. Even nowadays you go for stamping US embassy wants mimimum six month valid passport.Many people have got in trouble/issues with this since they get the full period visa but immigration officer at POE/airport only issue I 94 upto the validity of you passport,these things cause unneccessarry issues of filing for extension of status to get extended I 94. It is very important that everyone renews their passport before one year of expiry.
As far as your case is concerned i dont think unless there are red flags in your case they are going to look at your passport expiry date ,at the max they might issue an RFE or expalnation, lawyers usually file more than requested documents like W2's ,tax rerturns etc so that RFE's can be avoided as RFE can signifacntally slow down your case processing . I would suggest you to renew your passport as soon as possible.
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i99
09-07 06:21 PM
For those who follow this thread. As of yesterday, reciepts started to come to people whose packages were received by R Williams. :D(ours not here yet...:()
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Life2Live
11-06 07:31 AM
My 485 petitions returned now we are in process of resubmitting. However, I see my I-140 was applied in Nebraska on Feb 07 and later my 485 petition on Aug 07 was sent to Texas from my employer. I do understand there are intertransfer between Nebraska to Texas.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
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loudobbs
07-17 05:39 PM
You seriously think anyone is going to answer given your user name?!
I was trying to be sarcastic....:D :D :D :D
I was trying to be sarcastic....:D :D :D :D
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GEEGEE
07-24 10:10 PM
Hello,
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
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s416504
08-29 12:30 PM
Here is the New Poll. I hope will give good analysis
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chintals
11-02 05:38 PM
I also got RFE from VSC for AP reg PP clear copies. In my case, lawyer asked to send me clear copies of bigraphic info which means first and last page of PP showing photo and name and other info. I scanned and sent color images to my lawyer. So strange that all VSC people are getting this RFE.
Online status simply shows, recieved and pending.. Does not reflect the RFE at all.
Online status simply shows, recieved and pending.. Does not reflect the RFE at all.
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eb2_immigrant
03-09 06:20 PM
Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas
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Hopeful123
09-25 05:19 PM
"Document mailed to applicant" can mean anything.For me it was a call for finger printing (second time). Uscis (or IBM) was lazy to create different status messages and that's causing a lot of confusion. Check with your lawyer to see if you recieved any intimation from USCIS recently.
fromnaija
02-18 10:11 AM
The reasons for retrogression are limit on the number of visas available (140,000) per year, country cap and the number of applications with USCIS for adjustment of status and with DOS for CP. Nobody knows how many applications are outstanding and so we cannot estimate PD movement accurately.
garamchai2go
12-19 08:13 AM
Hi All,
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
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