thomachan72
05-21 01:33 PM
Hello All,
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
wallpaper Happy Birthday! June 17th
Blog Feeds
09-18 10:20 AM
AILA Leadership Has Just Posted the Following:
There has been a lot of talk recently about what might be included in an immigration reform bill. Will there be a legalization/amnesty/forgiveness of "lawbreakers" rule? Will there be an expansion of employment based and family based immigrant visa numbers to solve the economically devastating backlogs we currently deal with? Will there be a mandatory E-Verify component? Will there be an interior enforcement focus? Will there be even more fences?
The topic that seems to be lost in all this speculation is something I consider to be the overriding component of reform--the Key to holding a reform package together. I am speaking, of course, of Due Process Restoration. Anyone who deals with immigrants for any length of time is intimately familiar with the disaster that is our immigration enforcement system. It is not just that previous administrations have done a horrific job at the enforcement that should have been taking place, but rather, the missing component to that enforcement. When is the last time an ICE officer worried about Due Process considerations? What is really destroying immigrant families--how about 212(a)(9)(B) and (C)? What about the concept of "civil" detention in real jails with real criminals for non-criminal immigrants? What about the detention of Asylum Seekers? What about the ludicrous requirements of REAL ID for asylum seekers?
These are all only a few of the regular violations of concepts most American hold sacred. When you tell the 'average' American about the system immigrants actually have to deal with, most are appropriately appalled. It is to those Americans that we must speak. I believe that if Senator Schumer has the courage to include Due Process Restoration in his "Comprehensive" immigration reform bill, it will be tragically necessary for us to defend these Due Process provisions of the reform package.
Take a look at this video, and sign up to support including Due Process Restoration in a comprehensive immigration reform bill.
Restore Fairness: bring back due process to the immigration system (http://vimeo.com/6200660) from Breakthrough (http://vimeo.com/letsbreakthrough) on Vimeo (http://vimeo.com/).
https://blogger.googleusercontent.com/tracker/186823568153827945-7017328086435157158?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/due-process-restoration-now.html)
There has been a lot of talk recently about what might be included in an immigration reform bill. Will there be a legalization/amnesty/forgiveness of "lawbreakers" rule? Will there be an expansion of employment based and family based immigrant visa numbers to solve the economically devastating backlogs we currently deal with? Will there be a mandatory E-Verify component? Will there be an interior enforcement focus? Will there be even more fences?
The topic that seems to be lost in all this speculation is something I consider to be the overriding component of reform--the Key to holding a reform package together. I am speaking, of course, of Due Process Restoration. Anyone who deals with immigrants for any length of time is intimately familiar with the disaster that is our immigration enforcement system. It is not just that previous administrations have done a horrific job at the enforcement that should have been taking place, but rather, the missing component to that enforcement. When is the last time an ICE officer worried about Due Process considerations? What is really destroying immigrant families--how about 212(a)(9)(B) and (C)? What about the concept of "civil" detention in real jails with real criminals for non-criminal immigrants? What about the detention of Asylum Seekers? What about the ludicrous requirements of REAL ID for asylum seekers?
These are all only a few of the regular violations of concepts most American hold sacred. When you tell the 'average' American about the system immigrants actually have to deal with, most are appropriately appalled. It is to those Americans that we must speak. I believe that if Senator Schumer has the courage to include Due Process Restoration in his "Comprehensive" immigration reform bill, it will be tragically necessary for us to defend these Due Process provisions of the reform package.
Take a look at this video, and sign up to support including Due Process Restoration in a comprehensive immigration reform bill.
Restore Fairness: bring back due process to the immigration system (http://vimeo.com/6200660) from Breakthrough (http://vimeo.com/letsbreakthrough) on Vimeo (http://vimeo.com/).
https://blogger.googleusercontent.com/tracker/186823568153827945-7017328086435157158?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/due-process-restoration-now.html)
anuh1
05-25 01:19 PM
Accoding to my knowledge You need to wait untill it is approved.
2011 Happy Birthday Romina :- 17th
jsb
03-04 01:31 PM
Hi All,
We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.
How will you do that? I guess, while working on cases, user has to click somewhere to send an email. If they choose not to, then there will be no email. In my case, I never saw consistency in getting emails. I don't think that is a big issue, just check your status periodically. Bigger and important issue is how to get your case processed faster, and in sequence.
We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.
How will you do that? I guess, while working on cases, user has to click somewhere to send an email. If they choose not to, then there will be no email. In my case, I never saw consistency in getting emails. I don't think that is a big issue, just check your status periodically. Bigger and important issue is how to get your case processed faster, and in sequence.
more...
reachinus
08-14 01:26 PM
You are contradicting your statement - " H1 extension with CSC which was denied but I got a H1 approval notice", you say extension is denied but got approval notice. Approval for? Anyways, you have to ask the airlines to take the I-94, so that you can get a new one. Usually if you are going to Canada for less than 30 days they say that they will not take it. Either ask the airlines to take it or else when entering US explain ur situation to the IO and ask him to issue a new I-94. Hope this helps.
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If my answer is of help to you please consider contributing to IV so that we can continue our service.
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If my answer is of help to you please consider contributing to IV so that we can continue our service.
yestogc
04-07 06:53 PM
Please fill in your profile completely
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ameryki
05-21 07:46 PM
FWIW as long as you are on H1 I think your family can always get a H4 visa outside the country based on your H1 status and reenter on H4 if that is also being considered.
2010 Happy 17th Birthday Jeslyn!
abhaykul
06-19 02:35 PM
I applaud IV's core member's achievement so far. I have been participating from Sunjoshi's S1932 thread to ISNAmerica.org and finally was happy when I saw IV progressing.As busy professionals what IV's core member's have achieved is commendable.
Looking back @ S1932 and this comprehensive Immigration reform bill. I strongly feel that we should concentrate on backing a bill meant only for legal Immigration. Anti Illegal immigration forces, make no mistake are all anti legal Immigration too. So these folks make lot of noice and have found means like budget reconciliation and amnesty to block our reforms. Majority of Americans and the lawmakers are pro-Legal Immigration (We have seen this when Senator Byrd amendment was voted out when the senate was discussing S1932).It does not mean we should not take any part in Comprehensive Immigration reform or similar bills. In fact we should all still send faxes call lawmakers and be vocal as much as we can but the main
aim has to be a bill dealing with legal Immigration only. One Other point I would like to put forth is we should Initiate a "for Legal Immigration only" bill in the house first so will not be jubilant when it passes in senate and then go in depression when it fails in committee or the house. If Dem's come to power in the house the scenario is going to be very different after the November elections but for now this is all we can do for the few days remaining before the election.
Looking back @ S1932 and this comprehensive Immigration reform bill. I strongly feel that we should concentrate on backing a bill meant only for legal Immigration. Anti Illegal immigration forces, make no mistake are all anti legal Immigration too. So these folks make lot of noice and have found means like budget reconciliation and amnesty to block our reforms. Majority of Americans and the lawmakers are pro-Legal Immigration (We have seen this when Senator Byrd amendment was voted out when the senate was discussing S1932).It does not mean we should not take any part in Comprehensive Immigration reform or similar bills. In fact we should all still send faxes call lawmakers and be vocal as much as we can but the main
aim has to be a bill dealing with legal Immigration only. One Other point I would like to put forth is we should Initiate a "for Legal Immigration only" bill in the house first so will not be jubilant when it passes in senate and then go in depression when it fails in committee or the house. If Dem's come to power in the house the scenario is going to be very different after the November elections but for now this is all we can do for the few days remaining before the election.
more...
bindas74
01-24 03:46 PM
Hi Gurus,
I filed my 485 in June 07 ad hd my FP on 7th September, 07. I read on some of the threads that we would be geting notices for additional finger printing after 15 months or so. I havent received any yet. Should I be proactive an request for one? Will my EAD finger printng count towards the requirement? ( I had given my biometrics formy EAD last April i.e 08 April ). Is this the reason why I did not get the FP notice? Any one in my boat?
Please advise.
Thanks in advance
Anyone please share ur opinion.
Thanks
I filed my 485 in June 07 ad hd my FP on 7th September, 07. I read on some of the threads that we would be geting notices for additional finger printing after 15 months or so. I havent received any yet. Should I be proactive an request for one? Will my EAD finger printng count towards the requirement? ( I had given my biometrics formy EAD last April i.e 08 April ). Is this the reason why I did not get the FP notice? Any one in my boat?
Please advise.
Thanks in advance
Anyone please share ur opinion.
Thanks
hair Happy 17th Birthday Sis!
aries22
07-18 09:26 AM
The company will have to sponsor the H1 in full. Not enough to just give you an employment verification letter.
Also as per the rules, you cannot pay for the H1. Only the company can pay for it.
Thanks for your reply.I thought it's a possiblity that we can transfer with an employment letter.Looks like its not.
Also as per the rules, you cannot pay for the H1. Only the company can pay for it.
Thanks for your reply.I thought it's a possiblity that we can transfer with an employment letter.Looks like its not.
more...
gconmymind
03-31 05:41 PM
Hi Guys,
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!
hot 0 Comments | | May 17th
trueguy
05-21 09:36 AM
Few things:
1. The inventory of Pending I485 is not reliable.
2. If they approve all pending EB2 it means they have to move the PD forward and as they move the PD, new applications will be filed. There are thousands of EB2 labor approved and they are waiting to file I-485
3. Even if there is any spillover to EB3, nobody knows how USCIS will give those spillover number, will they go to EB3-ROW first or they will go as per the PD of Individuals regardless of Country of Origin.
1. The inventory of Pending I485 is not reliable.
2. If they approve all pending EB2 it means they have to move the PD forward and as they move the PD, new applications will be filed. There are thousands of EB2 labor approved and they are waiting to file I-485
3. Even if there is any spillover to EB3, nobody knows how USCIS will give those spillover number, will they go to EB3-ROW first or they will go as per the PD of Individuals regardless of Country of Origin.
more...
house a Happy 17th Birthday.
lost_in_migration
06-22 09:38 PM
<today�s date>
US Department of Homeland Security
United States Citizenship and Immigration Service
<your USCIS Service Center address>
Re: Permanent Residence of <your name>
Dear Sir or Madam:
This letter is to confirm that <your name> will be employed with us on full time, permanent basis upon receiving approval of his permanent residence application. He will receive an annual salary of no less than <annual salary>. His job title will be <job title>, and he will be performing the following duties:
Develop full life-cycle object oriented software, including analysis, design of application's specifications, documentation of software user requirements, development of programming using C++ and/or Java languages, Windows NT, design of graphical user interfaces and Object-Oriented Databases(OODBMS) using OMT Methodology, testing and implementation.
Please feel free to contact us if your office should require any further information.
Sincerely,
<signature, name and designation of authorized person>
<company name>
Can someone post sample employment letter for filling I-485. I will need this letter to forward it to my employer.
Appreciate your help.
Thanks
INeedAllGreen
US Department of Homeland Security
United States Citizenship and Immigration Service
<your USCIS Service Center address>
Re: Permanent Residence of <your name>
Dear Sir or Madam:
This letter is to confirm that <your name> will be employed with us on full time, permanent basis upon receiving approval of his permanent residence application. He will receive an annual salary of no less than <annual salary>. His job title will be <job title>, and he will be performing the following duties:
Develop full life-cycle object oriented software, including analysis, design of application's specifications, documentation of software user requirements, development of programming using C++ and/or Java languages, Windows NT, design of graphical user interfaces and Object-Oriented Databases(OODBMS) using OMT Methodology, testing and implementation.
Please feel free to contact us if your office should require any further information.
Sincerely,
<signature, name and designation of authorized person>
<company name>
Can someone post sample employment letter for filling I-485. I will need this letter to forward it to my employer.
Appreciate your help.
Thanks
INeedAllGreen
tattoo HAPPY BIRTHDAY NICK JONAS // 17th
Suva
07-19 04:12 PM
I have not received the receipt yet.
more...
pictures Happy 17th Birthday Thomas Hsu
immi2006
01-05 10:10 AM
As a humble suggestion : Why not pursue an offensive approach ?
Let us show in approx numbers how many Million / Billions of $$$ immigratants can influence the system, and how they can take the money out to put it elsewehre to grow companies/talents..
We always get compared with a grapes picker, let us face facts, we generate so much income for state, savings in banks, investment in property, invest in new seed companies and grow corporate profits, pay huge taxes, and exercising options, means - millions and billions to govt via state taxes, and capital gains. - Who benefits ? The GOVT. When we talk $$$ we make sense to them. If we whine on how the system should be fair and CIR, or SKIL, this will fall in deaf ears. Afterall in US, $ talks.
Look at @ Apple, steve jobs is almost getting aways with all the back , the reason the financial muscle :-( !
Let us show in approx numbers how many Million / Billions of $$$ immigratants can influence the system, and how they can take the money out to put it elsewehre to grow companies/talents..
We always get compared with a grapes picker, let us face facts, we generate so much income for state, savings in banks, investment in property, invest in new seed companies and grow corporate profits, pay huge taxes, and exercising options, means - millions and billions to govt via state taxes, and capital gains. - Who benefits ? The GOVT. When we talk $$$ we make sense to them. If we whine on how the system should be fair and CIR, or SKIL, this will fall in deaf ears. Afterall in US, $ talks.
Look at @ Apple, steve jobs is almost getting aways with all the back , the reason the financial muscle :-( !
dresses ☆☆☆Happy Birthday SUNGJAE!
PresidentO
02-03 01:50 AM
Are you serious? I must be a super expert on taxes because I have always done it on paper using a calculator for the last 14 years and counting. Just spend an hour reading the instructions and you're done. Have a question, call the IRS. Unlike other government agencies (cough.. USCIS cough..) the agents at the other end of the line are actually helpful and responsive.
-a
Well, Not every one is as patient as you are in reading the instructions and if needed a friendly manual or dialing 800 829 1040. The feeling is mutual about the IRS helpline folks.
The OP seemed very confused and thats why I suggested not to fill in on paper by hand.
-a
Well, Not every one is as patient as you are in reading the instructions and if needed a friendly manual or dialing 800 829 1040. The feeling is mutual about the IRS helpline folks.
The OP seemed very confused and thats why I suggested not to fill in on paper by hand.
more...
makeup HAPPY 17th BIRTHDAY MILEY!
indio0617
07-15 05:40 AM
Presently I am on H1B visa status, valid till March 2009. My PD is of June 2005 and I-140 was done in 2005 also, presently trapped in retrogression.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
Advertising requires just one month period. Depending on how much advertising has been done before for the same job. You could typically file for PERM easily by mid september if not sooner.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
Advertising requires just one month period. Depending on how much advertising has been done before for the same job. You could typically file for PERM easily by mid september if not sooner.
girlfriend Happy 17th Birthday FAT CAT!
mallikonnet
07-07 09:22 PM
My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.
yes you can extend h1b with out any problems
yes you can extend h1b with out any problems
hairstyles Happy 17th birthday to
gcformeornot
03-11 10:56 AM
not counting the derivatives towards visa count. That would littlerly eliminate backlogs....
amitk81
09-02 01:43 PM
the lawyer asked me to cancel the appointment.
My company booked me a ticket to India for a week and I got it stamped in India (Mumbai) no questions asked and in less than 3 mins I was out the consulate.
I suggest cancel the appointment and wait until you are traveling to India and get it stamped.
My company booked me a ticket to India for a week and I got it stamped in India (Mumbai) no questions asked and in less than 3 mins I was out the consulate.
I suggest cancel the appointment and wait until you are traveling to India and get it stamped.
immig4me
04-22 01:42 PM
check this out The Beacon: USCIS Welcomes You to The Beacon (http://www.uscis.gov/blog/2010/03/uscis-welcomes-you-to-beacon.html)
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