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  • bob2007
    07-18 12:11 AM
    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?





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  • TexDBoy
    06-16 05:57 PM
    If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.

    I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.

    Once your I-140 is approved, then you lock the PD from that moment itself.





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  • headhunter
    09-27 10:18 PM
    Guys-

    If someone is asking advice , give it to him professionally. I know, including myself, everyone is frustrated. Quite honestly, most people forget that GC is for the benefit of the company not your benefit. Your benefit just comes along. They have this whole fuckin system because they need people from outside. Not because they love you. It is company that controls GC until you get it. So it is HIS company that is using the tricks of the trade. They can claim that they had lost profit since they did not have a permanent employee for long. All these jumping the queues and rules were framed for the benefit of the company. Not aliens, as they call us.

    "If too many indians are ready to work hard by waiting for 10 yrs for their benefit, yeah why not, screw , I am not giving it to you." -- A mind of a Republican congressman





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  • hopefulgc
    09-16 10:22 PM
    Please don't lose heart.. hang in there.

    What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
    Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.

    Are you able to locate any precedents to this?

    Keep us updated here on this thread.

    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks



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  • ItIsNotFunny
    04-06 12:41 PM
    Very good article. Last few days we are getting some encouraging attention from high profile people. Let's get benefit out of it.





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  • rogerdepena
    08-01 11:30 PM
    nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)

    i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.

    anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.



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  • desireuben
    09-19 12:53 PM
    really sorry for your experience. I hope everything will come out ok and you will get your passport back with visa stamp.
    I am also appearing at mumbai consulate for my 7th year H1B stamping. is that lady's behavior same with other people appearing for visa ? or just for H1 applicant ?
    is it your first time H1 stamping ?





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  • amitga
    04-28 03:20 PM
    Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)



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  • gcformeornot
    08-30 01:21 PM
    he is a dummy. Just wasting our time.





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  • delhirocks
    07-19 10:40 PM
    I am not 100% sure, this is my understanding, you can change jobs 180 days after


    you start working on ead

    After your 140 is aprooved

    Hello everyone!

    I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

    Thanks,
    Raj



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  • wantgc23
    04-28 06:07 PM
    According to my lawyer, you can travel up until the last date on the stamp as long as you have a new 797.

    Please check with your own lawyer who would be familiar with your particular case for the best advice





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  • kpkrind
    05-04 03:33 PM
    4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

    Ans : File New H1 again ( techinacally old one as you are not counted in Quota)

    My wife's status was changed from h1 to h4, however her h1 is expiring in Oct'09. Lets suppose she gets a job offer in Feb'10, does she have to apply for a fresh h1 or can she convert to H1 on which she was working earlier? My question is how long will she not be counted against the quota?

    Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?



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  • trueguy
    08-09 09:27 AM
    ^^^^^^^

    bump

    ^^^^^^^





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  • ckumar
    10-12 12:15 PM
    Even I was in the same situation till yesterday. I'm a July 2nd filer @ NSC. I got my receipts for I-485/EAD and AP only yesterday. I had to call the customer service and get these numbers. So there's still hope. Hang in there guys. Your receipts should be coming out soon. I'd advice you to call up USCIS and ask them for the status. Good Luck to everyone.



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  • fionaapple20
    11-27 03:54 PM
    I have the same set of questions - posted in another thread - http://immigrationvoice.org/forum/showthread.php?t=15716





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  • nixstor
    03-24 02:55 PM
    Now everything is queued..... no more cutting lines.

    Dear VB,

    I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.



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  • singhsa3
    07-31 02:32 PM
    It is ok as long as she does not overstay 180 days
    Hello,
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.





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  • trueguy
    08-09 06:15 PM
    Bump





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  • amitjoey
    06-09 12:43 PM
    Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
    Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
    Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
    This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.

    -------------------------------------------
    India EB3- PD: June 2003
    Contributed $480 + Monthly Recurring contributor.





    gbof
    08-01 08:31 PM
    Thank you for your valuable input.
    So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

    Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

    Congressman can't help in ending this "humanitarian" trauma while I am still alive?

    You seem o be enormously worried. Everyone knows dealing with uscis is a torture of a different kind. I will say Just relax and have good faith.

    God Bless Our Family





    chanduv23
    11-16 06:34 PM
    Nice one riva2005. :D :D

    I like your ID :)



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