Soltan
05-05 06:46 PM
I think there's some nuance to this. You don't lose your PD if the company revokes your I-140, but you do lose your PD if USCIS revokes your I-140 due to fraud.
Hey guys, digging up a little old topic but I have a question regarding the same.
I was with my previous company for 4 years and had my i140 approved. Then I had to transfer to a different company due to most in humane behavior by them. They never gave me a copy of the i140 with repeated requests.
But I do have the receipt and receipt number and I can check online that it is approved. So next time when the time is right for 485 etc, can I just use the old i140 receipt and print out of the approval (from uscis site)? Will the receipt and the approval print out work to PORT my PD?
Please please reply.
Hey guys, digging up a little old topic but I have a question regarding the same.
I was with my previous company for 4 years and had my i140 approved. Then I had to transfer to a different company due to most in humane behavior by them. They never gave me a copy of the i140 with repeated requests.
But I do have the receipt and receipt number and I can check online that it is approved. So next time when the time is right for 485 etc, can I just use the old i140 receipt and print out of the approval (from uscis site)? Will the receipt and the approval print out work to PORT my PD?
Please please reply.
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andy garcia
02-06 03:47 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
If you read the back of the approval of the I-140. It says:
APPROVAL OF AN IMMIGRANT PETITION
Approval of an immigrant petition does not convey any right or status. The approval petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status.
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
If you read the back of the approval of the I-140. It says:
APPROVAL OF AN IMMIGRANT PETITION
Approval of an immigrant petition does not convey any right or status. The approval petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status.
immi_2006
10-14 03:27 PM
Take it from ICICI Lombard Insurance. They have tied up with United Health Care. For 6 months it comes to some where around 10,000 to 15,000 rupees which is pretty cheap compared to US vistor insurance.
Only condition is insurance should be taken before you start from india.
SRI used to be good when they were SRI. Now it is merged with Sevencorners and they don't process claims well.
Indianetwork insurance is quite common with Indians but they take more than 5 months to process claims and they pay part of the claims.
Only condition is insurance should be taken before you start from india.
SRI used to be good when they were SRI. Now it is merged with Sevencorners and they don't process claims well.
Indianetwork insurance is quite common with Indians but they take more than 5 months to process claims and they pay part of the claims.
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avi101
04-06 01:39 AM
This chess game will work out fine. Each one knows their and their opponents limitations (not strength) well.
I would suggest ending some Red Bull. Milk has sedative effect. :)
Thanks for the update!
I would suggest ending some Red Bull. Milk has sedative effect. :)
Thanks for the update!
more...
kishdam
02-06 03:44 PM
Do you work for saicon.. I also signed something like this.
No. I work for an established software product company. Did anyone at your employer left and what were consequences. At my office not all signed this and they still continued application.
No. I work for an established software product company. Did anyone at your employer left and what were consequences. At my office not all signed this and they still continued application.
gcwanted101
09-01 03:40 PM
Looks like there are mail and fax options.
Did you indicate whether you need it in a CD instead of paper copy?
Also for the labor copy, should the request be sent to USCIS or DOL?
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
Did you indicate whether you need it in a CD instead of paper copy?
Also for the labor copy, should the request be sent to USCIS or DOL?
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
more...
hydubadi
02-03 09:14 AM
Hello -
Its been 30 days since my AP was mailed to me as per USCIS notification and I have not yet received it, but on other hand we receiver my wifes AP with in 3 days of approval.
Can you guys suggest if I have to wait little longer or assume its lost in mail and apply for new one.
Did any one on this forum experience more than 30 days to receive there AP since document mailed notification from USCIS.
I would appreciate your suggestions/comment.
Peace.
Its been 30 days since my AP was mailed to me as per USCIS notification and I have not yet received it, but on other hand we receiver my wifes AP with in 3 days of approval.
Can you guys suggest if I have to wait little longer or assume its lost in mail and apply for new one.
Did any one on this forum experience more than 30 days to receive there AP since document mailed notification from USCIS.
I would appreciate your suggestions/comment.
Peace.
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Harivinder
04-12 06:54 PM
Nice thoughts Harvinder,
But this exactly what we tried to do through the recent campaign on admin fixes..
Hi singhsa3,
Campaign on admin fixes was targeted towards White house and USCIS. I am talking about putting our point in from of big Software industries and them approaching Congress.
But this exactly what we tried to do through the recent campaign on admin fixes..
Hi singhsa3,
Campaign on admin fixes was targeted towards White house and USCIS. I am talking about putting our point in from of big Software industries and them approaching Congress.
more...
kevinkris
11-10 02:50 PM
Guys,
I think they are doing it across in NY.
This is really stupid. Most of the people will not have valid stamping on an expiring passport.
San Francisco was fine. They gave me for 10 years in January.
Don't know what their policy now.
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
I think they are doing it across in NY.
This is really stupid. Most of the people will not have valid stamping on an expiring passport.
San Francisco was fine. They gave me for 10 years in January.
Don't know what their policy now.
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
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kumar1
03-03 12:19 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Main line is this -
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.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
Main line is this -
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.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
more...
dilbert_cal
05-02 07:54 PM
You have Enough time - I'd say a little more than enough time to think judiciously before you jump ship. Find a good employer -someone with whom you can stick around for a couple of years - and then make your move.
No need to be desperate and catch the first job opportunity which comes your way. PERM should take 4-6 months overall and one month for 140. You have 7 more months - now this is completely your personal choice - depending on how much of a risk taker are you - you can look for a good opportunity for say 2 months and then switch or loop another 4 months or maybe switch tomorrow. Thats a part you get to decide and enjoy.
No need to be desperate and catch the first job opportunity which comes your way. PERM should take 4-6 months overall and one month for 140. You have 7 more months - now this is completely your personal choice - depending on how much of a risk taker are you - you can look for a good opportunity for say 2 months and then switch or loop another 4 months or maybe switch tomorrow. Thats a part you get to decide and enjoy.
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green_card_curious
03-07 06:52 PM
No. I am an environmental engineer working in Consulting Industry (5 journal articles; 4 conference proceedings).
I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.
Thanks for your time.
I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.
Thanks for your time.
more...
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visafreedom
07-03 02:09 AM
Please read, sign and observe
http://www.petitiononline.com/aos485/petition.html
To: U,S. Congress American Government
USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.
The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.
As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.
Sincerely,
http://www.petitiononline.com/aos485/petition.html
To: U,S. Congress American Government
USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.
The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.
As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.
Sincerely,
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cnag
04-17 03:54 PM
Don't worry. You are not alone. I will give you company. Mine is stuck in PERM
since OCt 2005. Not 10 months yet, but almost there...
since OCt 2005. Not 10 months yet, but almost there...
more...
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GoneSouth
03-14 05:48 PM
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
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raj7480
09-18 04:42 PM
I would recommend not to worry about that and make the move. Non compete in general is not easy to enforce through a court. Particularly if it stops you from earning your livelihood. If you live in CA, it not valid. Many states have different laws and most of the court decision favor employees.
Since you H1B was denied, Company A cannot prove any loss of business to them because of your move.
Since you H1B was denied, Company A cannot prove any loss of business to them because of your move.
more...
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alapkd
09-01 01:49 AM
good but sad article, thanks for posting.
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nixstor
07-18 10:35 AM
Can someone who might have some information help me and Rajeev by answering Rajee's question..thanks.
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
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simmy78
08-10 02:13 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.
Thanks.
Thanks.
gchopefull
10-02 02:27 PM
the RFE was on Ability to Pay
gceb3holder
02-27 06:52 AM
I have received my GC on January 28th. My company filled the following with USCIS:
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
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