Sunx_2004
10-05 02:28 PM
bumping it up
wallpaper Is Lady Gaga A Man
centrum
10-28 10:23 AM
Important Visa and Immigration Documents (http://www.upenn.edu/oip/iss/visa/documents.html)
Is the statement under passport true? I still shouldn't have any problem right?
Can someone answer this please?
Is the statement under passport true? I still shouldn't have any problem right?
Can someone answer this please?
xu1
08-03 01:34 PM
To be able to file EB2 the position has to belong to O*net zone 5. For instance if you are an engineer, open the link http://online.onetcenter.org/find/result?s=engineer&g=Go and click over the engineering that mostly suits you. If that position is job zone 4 then it is EB3 if it is job zone 5 then it is EB2. Then you have to check the salary for the area where you work, if your basic salary is superior to the minimum (level 1) of the position then you are fine.
Though I don't know anything about the zone 5 requirement, judging by the vast majority of H1b jobs there are, very few are qualified zone 5. Thus there would have been very few EB2 filing (PERM or the other)
This is not evidenced by what I have seen on many forums, or people that I know that filed for EB2 and then had it approved.
Though I don't know anything about the zone 5 requirement, judging by the vast majority of H1b jobs there are, very few are qualified zone 5. Thus there would have been very few EB2 filing (PERM or the other)
This is not evidenced by what I have seen on many forums, or people that I know that filed for EB2 and then had it approved.
2011 Lady GaGa gave Beyoncé
perm2gc
06-11 12:12 PM
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
get out of box...IV core always asked people to PM if they need some information and IV core goals will not be discussed in public..
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
get out of box...IV core always asked people to PM if they need some information and IV core goals will not be discussed in public..
more...
Narend
10-29 04:08 PM
Hello,
Since that you are already a business owner in the US, I would recommend you also look into other options.
You know it could be not completely right on my part to tell you ways where you could become permanent residents Legally. But a little thought and research will show you ways.
If not feel free to private message me and i can try to provide you some tips.
Cheers,
N. :D
Since that you are already a business owner in the US, I would recommend you also look into other options.
You know it could be not completely right on my part to tell you ways where you could become permanent residents Legally. But a little thought and research will show you ways.
If not feel free to private message me and i can try to provide you some tips.
Cheers,
N. :D
monkeyman
02-04 05:33 PM
First of all, you need to heed to your lawyer's advise. Any charges that demonstrates a lack of good moral character can prevent a re-entry even if you have your green card. Any crime against a person with intent to harm is sufficient charges to reject entry or deny I-485 or revoke the GC. I do know that road rage conviction, DUI, drugs found in person qualify for such denials - I am not sure about domestic violence - hence my recommendation to consult with attorney.
Most of the people who are denied entry on AP are people who were out of status (people whose visa expired and they overstayed, H-1 visa holders who ran out of the period and cannot justify the delay between the H-1 expiry date and EAD issued date).
If you were out of status, attorneys advise you to not leave the country.
Most of the people who are denied entry on AP are people who were out of status (people whose visa expired and they overstayed, H-1 visa holders who ran out of the period and cannot justify the delay between the H-1 expiry date and EAD issued date).
If you were out of status, attorneys advise you to not leave the country.
more...
vsoni
05-12 08:15 AM
Congratulation �KOSU
I got mine yesterday evening.
Thanks IV for their support during Green card painful journey.
Priority date:- June 2002
EB Category:- EB3
Approved 140: September 2007
Change the Job September 2007
Change EB3 to EB2, Recapture old priority date June 2002
New I140 approve FEB 2007 Premium processing.
New Category EB2
RD I485- May 2007
FP July 2007
NC: Not sure
I 485 approved:- 05/09/2008
I got mine yesterday evening.
Thanks IV for their support during Green card painful journey.
Priority date:- June 2002
EB Category:- EB3
Approved 140: September 2007
Change the Job September 2007
Change EB3 to EB2, Recapture old priority date June 2002
New I140 approve FEB 2007 Premium processing.
New Category EB2
RD I485- May 2007
FP July 2007
NC: Not sure
I 485 approved:- 05/09/2008
2010 Lady Gaga before and after her
unseenguy
06-19 01:18 PM
Hello Unseenguy,
Thanks for the reply .
I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
This is the reason i applied for H1 from h4 as previously i was on H1B
Yes but you can not work on H4, just after filing H1 papers. So what you do is, go to Chennai and get a stamp that should not be a problem.
Thanks for the reply .
I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
This is the reason i applied for H1 from h4 as previously i was on H1B
Yes but you can not work on H4, just after filing H1 papers. So what you do is, go to Chennai and get a stamp that should not be a problem.
more...
santb1975
05-17 11:45 PM
with pnagar's contribution
hair efore and after. efore
sundarraj_us
05-25 04:04 PM
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
3 weeks
3 weeks
more...
pappu
06-16 09:22 PM
Good comparison. if you have more informatiion, do add to this thread.
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
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cdeneo
01-11 04:39 AM
Thanks so much for your feedback on this query - this is really helpful.
I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.
Thanks again for your help with this query, I look forward to hearing from you.
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.
Thanks again for your help with this query, I look forward to hearing from you.
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
more...
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sduddukuri
04-07 07:49 PM
I said "NO". my lawyer suggested to file it as NO. We left country within 2 days after we came to know about the denial
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sidd
06-19 04:50 PM
Hi.,
My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.
My questions here is:
1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?
Note:
Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.
Thanks
It is PIMS verification. Your I-797/petition is verified against a central database. If the petition info. is not already there in the database, then it may take around 1-4 weeks to get it entered in the database and verify it.
I would appreciate if you could share some more information about yourself that can be helpful to others...like....app. when your H1B was approved and from which CENTER. To which consulate your wife went for the stamping?
My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.
My questions here is:
1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?
Note:
Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.
Thanks
It is PIMS verification. Your I-797/petition is verified against a central database. If the petition info. is not already there in the database, then it may take around 1-4 weeks to get it entered in the database and verify it.
I would appreciate if you could share some more information about yourself that can be helpful to others...like....app. when your H1B was approved and from which CENTER. To which consulate your wife went for the stamping?
more...
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karan2004m
07-29 01:38 AM
Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
Just want to confirm that.
Just want to confirm that.
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some_guy
07-17 05:37 PM
Great news...... Keep going IV
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dask
12-09 03:42 PM
Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.
Sent u a private mail
Sent u a private mail
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dkupadhyay
11-23 12:59 PM
Hi,
I am from India. My previous attorney paper filed my I-140 in Nov. 2006. My new attorney filed I-485 in July 2007. My new attorney has received only the copy of I-140 application and receipt from the previous attorney.
In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney.
The new I-140 (SRC one) got approved in March 2009.
Got RFE in August 2009 for my I-485 application asking for the approval notice of my original I-140. My new attorney responded with all the history and the new I-140 approval notice.
Now I have received NOID for my I-485 threatening that if I don't submit the original receipt for the original I-140 then USCIS will deny my application. The USCIS is saying that auto-created I-140 has been filed more than 6 months later than filing I-485 case and can't be the base for filing I-485.
The previous attorney has not provided the original receipt of the original I-140 application and is not reachable via any means (doesn't respond to e-mail or phone calls. Office remains locked whenever I tried to visit him). So getting the original receipt from him is almost impossible. USCIS is not happy with the copy of the receipt.
Right now I don't have any proof (other than copy of the receipt of the original I-140 filing) to support that my I-140 was filed before I-485 filing.
What should I do in this case? Any suggestion will be appreciated.
I am from India. My previous attorney paper filed my I-140 in Nov. 2006. My new attorney filed I-485 in July 2007. My new attorney has received only the copy of I-140 application and receipt from the previous attorney.
In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney.
The new I-140 (SRC one) got approved in March 2009.
Got RFE in August 2009 for my I-485 application asking for the approval notice of my original I-140. My new attorney responded with all the history and the new I-140 approval notice.
Now I have received NOID for my I-485 threatening that if I don't submit the original receipt for the original I-140 then USCIS will deny my application. The USCIS is saying that auto-created I-140 has been filed more than 6 months later than filing I-485 case and can't be the base for filing I-485.
The previous attorney has not provided the original receipt of the original I-140 application and is not reachable via any means (doesn't respond to e-mail or phone calls. Office remains locked whenever I tried to visit him). So getting the original receipt from him is almost impossible. USCIS is not happy with the copy of the receipt.
Right now I don't have any proof (other than copy of the receipt of the original I-140 filing) to support that my I-140 was filed before I-485 filing.
What should I do in this case? Any suggestion will be appreciated.
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h1techSlave
11-19 10:20 AM
If you look at the numbers.
EB3 - 3 years to file 485. Very little risk of rejection of 140 by USCIS.
EB2 - 1 year for LC processing, because you have to file new LC. Very HIGH risk of rejection of 140 by USCIS.
Now take your pick.
h1techSlave,
I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....
Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?
EB3 - 3 years to file 485. Very little risk of rejection of 140 by USCIS.
EB2 - 1 year for LC processing, because you have to file new LC. Very HIGH risk of rejection of 140 by USCIS.
Now take your pick.
h1techSlave,
I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....
Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?
nareshg
12-15 07:40 PM
Still Wondering why would they sent so early:(..never understand crazy CIS and its dynamic policies..
I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....
anyways, does anyone know about what I am asking...once you get the biometrics processing stamp, does that mean that they have sumibbted for security clearance usiung the fingerprints or does it mean that the security clrearance is done ?
I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....
anyways, does anyone know about what I am asking...once you get the biometrics processing stamp, does that mean that they have sumibbted for security clearance usiung the fingerprints or does it mean that the security clrearance is done ?
lkrastogi
07-16 11:08 PM
My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?
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