dvvb
03-01 02:59 PM
Hi Sathishav, Thanks for the response.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
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 additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
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 additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
wallpaper Windows Vista Ultimate Black
boreal
12-02 01:38 AM
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
I think they are going by the RD. Not on PD. Mine is Aug 10 ND and July 2 RD (with Jan 06 PD) and we got an RFE couple of months back...so i guess now they are processing Sep ND/RD...
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
I think they are going by the RD. Not on PD. Mine is Aug 10 ND and July 2 RD (with Jan 06 PD) and we got an RFE couple of months back...so i guess now they are processing Sep ND/RD...
kiran_k02
07-14 01:27 PM
Anyone travelled recently through Germany (Frankfurt) using Advance Parole? Any issues with Advance Parole while coming back to US? Do we need transit visa? Appreciate your response.
Please visit the old thread, you will find lot of information about this issue.
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/25671-transit-visa-at-frankfurt.html
Also take a printout of the information from the Website (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html) (German Consulate Website).
I hope you have already searched the threads for the information you are seeking and then proceeded to post your issue.
I don't know IV policy but if we have an existing thread then please re-ignite the thread by posting your concerns which are missing from the posting. This way we can have single thread for single piece of information. Right now we have scattered threads for unique issues, same information gets repeated several times.
Anyway have a nice vacation, don't worry too much about it.
Please visit the old thread, you will find lot of information about this issue.
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/25671-transit-visa-at-frankfurt.html
Also take a printout of the information from the Website (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html) (German Consulate Website).
I hope you have already searched the threads for the information you are seeking and then proceeded to post your issue.
I don't know IV policy but if we have an existing thread then please re-ignite the thread by posting your concerns which are missing from the posting. This way we can have single thread for single piece of information. Right now we have scattered threads for unique issues, same information gets repeated several times.
Anyway have a nice vacation, don't worry too much about it.
2011 Windows Vista Ultimate,
tinuverma
10-23 07:37 PM
yeah.....Tuscon...sorry
I live in OKC...so Tulsa comes by default.
I live in OKC...so Tulsa comes by default.
more...
InTheMoment
08-13 07:52 PM
Infopass IIO's are not the best in terms of reliability of their statements ...or actually opinions !
Most of them refer not the Feb 08 memo (180 day +) but the one that has given the timeline for Name Check backlog elimination !
see this one:
http://immigrationvoice.org/forum/showpost.php?p=276078&postcount=10
Most of them refer not the Feb 08 memo (180 day +) but the one that has given the timeline for Name Check backlog elimination !
see this one:
http://immigrationvoice.org/forum/showpost.php?p=276078&postcount=10
YesWeWillGet
09-11 01:40 PM
gc_check and a_yaja - I really appreciate your feedback and thank you.
I was thinking that I can get the F1 > Opt > H1 > File 485 thru EB2 Since my spouse's 485 is stuck in mud with priority dated 2003 EB3 category. So, I was wondering that can I have file my own 485 EB2 parallel to my spouse EB3. I would really appreciate if you could provide guidence or alternative approach. Once again, thank you for your thoughts.
Thanks,
I was thinking that I can get the F1 > Opt > H1 > File 485 thru EB2 Since my spouse's 485 is stuck in mud with priority dated 2003 EB3 category. So, I was wondering that can I have file my own 485 EB2 parallel to my spouse EB3. I would really appreciate if you could provide guidence or alternative approach. Once again, thank you for your thoughts.
Thanks,
more...
srarao
08-18 12:01 PM
Hi
http://www.immigration-law.com
--must be of great help
-Rao.
http://www.immigration-law.com
--must be of great help
-Rao.
2010 Windows Vista Ultimate ║
ita
04-16 02:09 PM
I'm looking for EAD,AP paper filing instructions from scratch.While I'm digging these threads
can some one please direct me to the links for EAD,AP paper filing instruction (Nebraska)on this forum if you can.
Thank you.
can some one please direct me to the links for EAD,AP paper filing instruction (Nebraska)on this forum if you can.
Thank you.
more...
perm2gc
12-25 02:31 PM
Hi Perm,
When I requested the company they sent me the "Wage report" form.
I am trying to understand if this is really the "unemployment wage report"?, Is there a specific form number that I need look for and request the company to send me the specific form. It would be helpful if there is specific information related to this form.
Thanks a lot for all your help and valuable information.
Merry Christmas!
Thanks & Regards,
Chak
The Consulate only asks wage report for your company.It will not ask for entire state of California.The Wage Report you company send is enough but one more time just cross check with your company attorney before sending them to consulate.
When I requested the company they sent me the "Wage report" form.
I am trying to understand if this is really the "unemployment wage report"?, Is there a specific form number that I need look for and request the company to send me the specific form. It would be helpful if there is specific information related to this form.
Thanks a lot for all your help and valuable information.
Merry Christmas!
Thanks & Regards,
Chak
The Consulate only asks wage report for your company.It will not ask for entire state of California.The Wage Report you company send is enough but one more time just cross check with your company attorney before sending them to consulate.
hair WindowsVista Ultimate is the
posmd
03-21 05:11 PM
Would appreciate you updating this thread once you find out.
more...
nomad
08-23 11:33 PM
I did a concurrent submission of I140 and I485 on July 2nd. As and when the 140 PP comes back, can I get PP done even though I have already sent my application?
Yes. You can change your application from regular to PPS at any time provided USCIS is accepting PPS for that category ( such as for I-140).
Yes. You can change your application from regular to PPS at any time provided USCIS is accepting PPS for that category ( such as for I-140).
hot Starter,Windows Vista Home
urstruly
07-27 03:32 AM
Can somebody please respond????
more...
house Windows Vista Virtual Machine
Canadian_Dream
07-25 01:51 PM
Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.
Do the following:
If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.
If you don't receive the physical copy before AUG-17
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
Do the following:
If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.
If you don't receive the physical copy before AUG-17
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
tattoo Windows Vista Ultimate
gc007
06-30 09:39 PM
Can someone tell that If USCIS says that 29 June 07 is the last date to receive applications for premium processing for I 140 . Does that mean that they shud receive the application by 29th or application shud be post-marked dated 29th in order to be considered for premium processing.
Thanks
Thanks
more...
pictures Microsoft Windows Vista
deardar
07-18 09:35 AM
I pray that all the folks of the CORE team would get their I-485 approved and their GC in hand before I get mine.
dresses WINDOWS.VISTA.ULTIMATE.WITH.
andy garcia
12-21 01:20 PM
I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.
To setup a business LLC you do not even need to be in the US
To setup a business LLC you do not even need to be in the US
more...
makeup Windows Vista Big Logo amp; Boot
sweet_jungle
12-12 10:51 PM
Wife's EAD changed to "card production ordered", after a tiresome wait of almost 4 months. This was after 2 expedite faxes and 1 infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
girlfriend windows vista ultimate product
amitga
08-18 12:53 PM
How do I find what priority date has been attached to my I-485?
hairstyles Windows Vista Ultimate
gc_chahiye
09-20 04:07 PM
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.
yabadaba
02-28 12:08 PM
I am one of those that bounced around from CBSE (0-3rd) then GCSE O Level UK (4-7th) then ICSE (8th-10th) then finally back to CBSE (11-12)..it definitely hurts moving from board to board but kids are resilient and do bounce back.
However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.
When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.
for more options bout IB check out
http://www.ibo.org/
However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.
When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.
for more options bout IB check out
http://www.ibo.org/
ujjvalkoul
07-19 11:24 AM
Calculations do not matter. Its all politics. US Govt is playing us for fools. They will manipulate the numbers to suit themselves as and when they wish.
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