obviously
08-04 11:45 AM
Thanks for the 2 quick responses... albeit, opposite in recommendation :)
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
wallpaper Quebec Winter Carnival – Lễ
Better_Days
06-14 02:18 PM
While some people are taking it very easy, she needs to come to the realization that she is a *suspected* criminal that is being investigated.
DO NOT, UNDER ANY CIRCUMSTANCES, SHOULD SHE TALK TO THE POLICE WITHOUT A LAWYER PRESENT.
Does not matter if she is innocent. Does not matter if she is Mother Teressa. Check below for a lecture on the same topic by a law professor and a police officer,
Law prof and cop agree: never ever ever ever ever ever ever talk to the cops about a crime, even if you're innocent - Boing Boing (http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html)
It is a long lecture. Almost 45 minutes but it can save you a lot of headache one day.
She should be proactive and get a lawyer. Explain to the lawyer the situation with the green card and how a simple arrest record, even if later she is found innocent, can cause problems.
Once this is over, she can sue the jerk that caused her so much grief.
I agree, most of these cases blow over with time but better safe that sorry.
Best of luck.
Hi Friends,
This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.
Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.
My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
We know she is genuine and did not do anything but my question is any problem in green card process?.
How to prove my sister is not commited such kind of activity. Please try to help me on this
Thanks
Ramkrishna
DO NOT, UNDER ANY CIRCUMSTANCES, SHOULD SHE TALK TO THE POLICE WITHOUT A LAWYER PRESENT.
Does not matter if she is innocent. Does not matter if she is Mother Teressa. Check below for a lecture on the same topic by a law professor and a police officer,
Law prof and cop agree: never ever ever ever ever ever ever talk to the cops about a crime, even if you're innocent - Boing Boing (http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html)
It is a long lecture. Almost 45 minutes but it can save you a lot of headache one day.
She should be proactive and get a lawyer. Explain to the lawyer the situation with the green card and how a simple arrest record, even if later she is found innocent, can cause problems.
Once this is over, she can sue the jerk that caused her so much grief.
I agree, most of these cases blow over with time but better safe that sorry.
Best of luck.
Hi Friends,
This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.
Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.
My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
We know she is genuine and did not do anything but my question is any problem in green card process?.
How to prove my sister is not commited such kind of activity. Please try to help me on this
Thanks
Ramkrishna
needhelp!
07-30 02:26 AM
please count me for tx (dallas)
2011 2010 Carnaval de Québec Night
sagar_nyc
04-21 02:03 PM
Actually GC on L1 can be really much faster because GC processing on L1 comes under special EB1 category. So if you are willing to take risk of loosing job on L1. I will recommend to go for GC under L1.
Hi greeta,
I am not sure about time frame for GC but FREEDOM is more important for me. The market is not good, if you loose the job in L1 then you have to leave
to your home country and cannot transfer your visa. If it's H1 you can always do that.
If at all there is a difference in processing times for GC for L1, i don't see any drastic difference. Instead of 6 years it may be 5 years (6 years for GC? Are you kidding me?). No big deal.
Good luck.
Rgds,
Kris
Hi greeta,
I am not sure about time frame for GC but FREEDOM is more important for me. The market is not good, if you loose the job in L1 then you have to leave
to your home country and cannot transfer your visa. If it's H1 you can always do that.
If at all there is a difference in processing times for GC for L1, i don't see any drastic difference. Instead of 6 years it may be 5 years (6 years for GC? Are you kidding me?). No big deal.
Good luck.
Rgds,
Kris
more...
GCNirvana007
04-08 06:26 PM
As if your ID has any value?
Who cares about annonymous IDs anyways. :D:D:D
Thanks. Hope you get GC soon as well.
Who cares about annonymous IDs anyways. :D:D:D
Thanks. Hope you get GC soon as well.
neoneo
07-17 12:49 AM
Hi,
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
W-2 is the form you would have received from your employer. Against which you field your tax returns. relax and send both. W2- says what you've earned. Tax returns explains what IRS has earned on you. Everyone's happy.
there are cases where people earned W2 but did not pay tax differences ie did not file returns.
Well, some of this maybe extra information. Basically the attorney is trying to play safe.
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
W-2 is the form you would have received from your employer. Against which you field your tax returns. relax and send both. W2- says what you've earned. Tax returns explains what IRS has earned on you. Everyone's happy.
there are cases where people earned W2 but did not pay tax differences ie did not file returns.
Well, some of this maybe extra information. Basically the attorney is trying to play safe.
more...
dallasmbs
07-14 11:03 PM
From Dallas , will join
2010 The Quebec Winter Carnival,
abd
03-05 10:18 AM
My I-140 got approved without RFE EB2 on 03/02/07.
RD 07/27/06
LUD 08/16/06
Approval Date 03/02/07.
Now joining endless wait for 485 filing.
RD 07/27/06
LUD 08/16/06
Approval Date 03/02/07.
Now joining endless wait for 485 filing.
more...
pasupuleti
09-25 05:08 PM
I got denied by discover credit card due to not having a green card.
They said, it is just their policy that they won't give credit cards to
people who don't have green cards.
I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.
Though i have a mortgage now, my first mortagage application got denied on same grounds.
Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.
But most of the lenders do mortgages anyways even for the people who does't have a ssn:).
No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...
Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...
They said, it is just their policy that they won't give credit cards to
people who don't have green cards.
I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.
Though i have a mortgage now, my first mortagage application got denied on same grounds.
Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.
But most of the lenders do mortgages anyways even for the people who does't have a ssn:).
No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...
Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...
hair Quebec#39;s Winter Carnival
paskal
08-05 07:05 PM
this number has been thrown around a lot
per uscis as of July 27 they had 75K pieces of mail
so maybe 125K applications including families.
this will increase a bit, so let's say 175K or 200K
still quite different from 700K
per uscis as of July 27 they had 75K pieces of mail
so maybe 125K applications including families.
this will increase a bit, so let's say 175K or 200K
still quite different from 700K
more...
go_guy123
04-21 02:04 PM
Actually GC on L1 can be really much faster because GC processing on L1 comes under special EB1 category. So if you are willing to take risk of loosing job on L1. I will recommend to go for GC under L1.
No not all L1 fall into EB1...only multinational executives fall into that
category.
No not all L1 fall into EB1...only multinational executives fall into that
category.
hot the Quebec Winter Carnival
RollingStone12
04-23 06:05 PM
Friends,
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
Welcome TX Chappter...
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
Welcome TX Chappter...
more...
house Ice Castle at the Quebec Winter Carnival. Considering that many regions in
ChainReaction
04-18 09:09 AM
I already have two labor certification petition both of which are stuck in PBEC. MY first labor cert has PD of March 2003 and the other Feb 2005 . ON my lawyers advice i filed my second labor under RIR instead of waiting for another month and filing under PERM what a big mistake i made... I am onmy 5th yr on H1b and was hoping to Get at least 3yr ext if i was able to file 1-140 and have it approved before i file for the H1b . :(
tattoo Me at the Winter Carnival in
Jerry2121
07-06 09:26 PM
Hello ,
Here is a run down on my case:
First I-485 applied in 6/2002,
Fingerprint done, EAD obtained in 2/03
Application withdrawn by spouse due to conviction
Second I-485 applied by my 2nd DW in 7/05
Interview granted in 5/06
Case still pending due name check
GC? till date
Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks !
Here is a run down on my case:
First I-485 applied in 6/2002,
Fingerprint done, EAD obtained in 2/03
Application withdrawn by spouse due to conviction
Second I-485 applied by my 2nd DW in 7/05
Interview granted in 5/06
Case still pending due name check
GC? till date
Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks !
more...
pictures Ice Tables - Quebec Winter
immi2006
05-04 09:48 AM
Yesterday AC 360 interviewed Senator Corny, and others including Laura Bush, all of them mentioned how upset they were to see Mex Flags, Spanish version of national anthem, and more importantly, disrespecting US laws and waving foreign flag.
THey mentioned that it may not before September any decsion on CIR is made, one of them said he is doubtful anything will pass this year at all on Immi reforms. Laura was highly sympatheitc for legal immigrants and their wait in line and she said legal immigrants will be the first preference.
I guess, the Immi Debate is basically divert people attention on IRAQ, Rising GAS Prices, Low Bush Ratings... and Democrats want to churn it to their advantage.
I am not sure if any of you are watching AC 360 at all... it was there last night around 9.30 Pacific time.
THey mentioned that it may not before September any decsion on CIR is made, one of them said he is doubtful anything will pass this year at all on Immi reforms. Laura was highly sympatheitc for legal immigrants and their wait in line and she said legal immigrants will be the first preference.
I guess, the Immi Debate is basically divert people attention on IRAQ, Rising GAS Prices, Low Bush Ratings... and Democrats want to churn it to their advantage.
I am not sure if any of you are watching AC 360 at all... it was there last night around 9.30 Pacific time.
dresses the Quebec Winter Carnival
sabr
09-19 06:06 PM
company A applied for my GC. They cant provide me jobs.
I am working with company B as a contractor (corp to corp with company A and B).. project will finish in a month. already did not work for 12 months even though my I-485 is pending with company A.
now company B offered me to work perm with them by using EAD. while my H1b renewal is pending with company A.
can I work with B while A is still my sponsoring company.
my Q is once h1b approves lets say in a month and renewal for 1 year( can I work with B with EAD for like another 6-8 months and then go out and reenter for H1b with A?
I am working with company B as a contractor (corp to corp with company A and B).. project will finish in a month. already did not work for 12 months even though my I-485 is pending with company A.
now company B offered me to work perm with them by using EAD. while my H1b renewal is pending with company A.
can I work with B while A is still my sponsoring company.
my Q is once h1b approves lets say in a month and renewal for 1 year( can I work with B with EAD for like another 6-8 months and then go out and reenter for H1b with A?
more...
makeup at Quebec Winter Carnival:
leo2606
09-24 03:42 PM
My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
girlfriend Québec Winter CarnivalFebruary
ab_tak_chappan
08-13 12:51 AM
looks like vldrao got his GC and took a hike ;)
hairstyles the Québec Winter Carnival
dixie
08-16 01:51 PM
Australia is another option.
http://www.immi.gov.au/
The trouble with all these options is they are developed countries alright, but at least for techies, these countries just dont have a solid job market. I have friends who immigrated to Australia, got their PR and citizenship in 3 years and are now looking to immigrate to US !! Welcome to IV is all I can tell them.
http://www.immi.gov.au/
The trouble with all these options is they are developed countries alright, but at least for techies, these countries just dont have a solid job market. I have friends who immigrated to Australia, got their PR and citizenship in 3 years and are now looking to immigrate to US !! Welcome to IV is all I can tell them.
kirupa
06-13 01:25 PM
The number at the bottom of the poll is the number of individual voters. Since people can vote for multiple entries, you adding up the total number votes is just that - the total number of votes. It isn't the total number of people who voted.
I voted for about 10 entries, but that doesn't mean that 10 people voted, for example ;)
I voted for about 10 entries, but that doesn't mean that 10 people voted, for example ;)
rainbow0929
08-08 05:08 AM
If you have worked for 40 quarters, you will be eligible for Soc Security irrespective of where you live. There are american citizens settled in the Carrebean Islands who get their social security checks there. However, the big question is "What if the social security runs of out of money when your time comes", Soc Security Admin will start having negative cash flows starting from 2008 beacuse of the baby boomers retiring in great nunbers and fewer younger people joining the work force in comparison. Or there might be the case that the payouts get reduced from the maximun of $ 1800 presently to a token payment of just $ 300..!
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
No comments:
Post a Comment