Pineapple
08-05 12:37 AM
An I-140 has nothing to do with I-485, except to the extent that an I-140 has to be approved before an I-485 can be approved. So I-140 approval is must before an I-485 can be approved. Further, an I-140 is not related to the priority date - An I-140 can be filed any time once one has an approved labor (Assuming, of course, one is applying in EB2/EB3). But I-485 can only be picked up for processing (or even filed) if the priority date is current.
If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
(USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)
Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.
PS: I'm not a lawyer, so don't shoot me, please..
If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
(USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)
Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.
PS: I'm not a lawyer, so don't shoot me, please..
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GC109
06-22 02:53 AM
I'm the first one to have the GC processed in my company. The process was started sometime in Dec 2006 and most likely my attorney would file PERM Labor in this week. Will USCIS consider auditing in my case as I'm the first one in my company? Any ideas? The company is like 2-3 years old. Please let me know your thoughts.
My employer is from California..which center it belongs to? Chicago or Atlanta?
My employer is from California..which center it belongs to? Chicago or Atlanta?
maximus777
05-28 02:44 PM
Are USCIS related expenses like visa/lawyer fees etc. tax deductible? :confused:
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yagw
10-31 06:43 PM
I am planning to shift employers and I have a question:
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
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whiteStallion
04-10 12:25 AM
All the best pal....welcome to the club !:rolleyes:
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
saravanaraj.sathya
08-13 08:52 AM
I also have LUD on my I-140 which is pending in Texas. My I-485 was sent to NSC on July 25th. I am hoping that this is something to do with the receipting of I-485.
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
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tikka
05-30 08:51 PM
ramus
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
depends on the state you select- it goes to those senators.
to send to all 50 you need to select each state
thank you
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
depends on the state you select- it goes to those senators.
to send to all 50 you need to select each state
thank you
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no-tec
10-14 07:15 PM
no tutorials. just screwin around. look at that one site. nocturn.net or something. they have all the coolest brushes.
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optimystic
09-11 03:37 PM
With the Oct Visa bulletin now official, Its high time we did some thing like this if not some kind of class action law suit.
We should not let USCIS explain it all way with "Our estimates were just too high...its not our fault you got screwed" :mad: . They need to be made accountable :mad:
We should not let USCIS explain it all way with "Our estimates were just too high...its not our fault you got screwed" :mad: . They need to be made accountable :mad:
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Anders �stberg
March 3rd, 2004, 02:38 PM
This is looking down the stairs outside my office, saw this for the first time today. I had the wrong lens and no tripod, so I just shot a couple to get a feel for the motif. This was the least blurry of the bunch - handheld at 1/6s isn't my strongest skill. :)
What do you think, is this anything? It has been done a gadzillion times, but maybe one more is interesting? I'll go back this weekend when the place is empty, with a tripod, and get a bunch of different versions. Anything you'd advice in terms of composition, angle, lighting etc?
http://www.interimlocation.com/fretnomore/photo/10d/pictures/misc/Stairwell_2673.jpg
What do you think, is this anything? It has been done a gadzillion times, but maybe one more is interesting? I'll go back this weekend when the place is empty, with a tripod, and get a bunch of different versions. Anything you'd advice in terms of composition, angle, lighting etc?
http://www.interimlocation.com/fretnomore/photo/10d/pictures/misc/Stairwell_2673.jpg
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alifarhan123
08-27 03:20 PM
I got the 2 yr EAD as well, but don't know what the use of having it without I140 approval.
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neerajkandhari
03-16 08:52 AM
Can I work for the same employer as a contractor (1099)
I dont want to be on payrorle with the company for whom i work
I dont want to be on payrorle with the company for whom i work
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asanghi
03-29 04:35 PM
What can I do? Franklin, Can you also send the documents to me. I ,live in Santa Clara. I know my congressman is Mike Honda. How do I find out who is my senator?
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jsrajavel
06-20 06:33 PM
Thanks for clearing this up.
Did USCIS representative provide you any reason as to why all the I 140 approvals dont have A# ?
Sorry! I did not ask that question.
I've seen few of the approved notice which had A number and couple of them were blank which was approved after mid 2006.
Did USCIS representative provide you any reason as to why all the I 140 approvals dont have A# ?
Sorry! I did not ask that question.
I've seen few of the approved notice which had A number and couple of them were blank which was approved after mid 2006.
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sanju
07-11 10:57 PM
Schwarzenegger cares for Kali-4-nia. He should support legal immigrants as a lot of this community lives there. Where? In Kali-4-nia.
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Ramba
03-22 04:25 PM
In worst case, if 202-a5 was eliminated, do you thing EB visas will be diverted to FB? Will A3 give any protection to EB catagory? 202-a3 will give more protection for FB class due to 10 to 12 years of backlogs in 4th preference FB catagory? If so, it tottaly violates the quota in EB and FB class and there is no meaning of preference level.
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vaishnavilakshmi
07-10 02:54 AM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Hi Krupa,
Dont just post something for fun here.And don't play with viewers in this forum who participate to seek some suggestions,information etc .Please don't mislead us anymore.
"Either try to help or just control urselves".
Vaishu
Hi Krupa,
Dont just post something for fun here.And don't play with viewers in this forum who participate to seek some suggestions,information etc .Please don't mislead us anymore.
"Either try to help or just control urselves".
Vaishu
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I_need_GC
07-24 01:16 PM
But I have heard of instances where employers have used previously approved labor on new employees other than the person it was approved for?
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
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gcwait2007
10-11 07:22 PM
Any attorney involvement is there during the porting request ?
No Attorney involvement. Letter to USCIS was drafted by our company paralegal (who is my friend), I signed and sent the letter with enclosures (copy of my I-140 approvals and pending I-485 application receipt notice)
No Attorney involvement. Letter to USCIS was drafted by our company paralegal (who is my friend), I signed and sent the letter with enclosures (copy of my I-140 approvals and pending I-485 application receipt notice)
rnanchal
12-09 01:27 PM
Time for the infighting, squabling, derogatory remarks and narrow mindedness to reach new heights
ravi98
11-05 12:07 PM
So lets take up peice meal offer - will he sponsor/co-sponor a bill for us?
Our OH members - need to get active in meeting with his office. It would be good to know the position of Speaker Boehner on our issues.
Our OH members - need to get active in meeting with his office. It would be good to know the position of Speaker Boehner on our issues.
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