rolrblade
02-21 09:04 AM
Here is the problem with your case, in my view.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.
In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.
If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.
Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.
As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)
If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.
PM me if you need more help.
diptam
01-05 04:05 PM
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
aroranuj
06-27 11:23 AM
Has anyone done a FOIA before for an I-140 receipt notice? Where do I file? Does it in anyway makes USCIS reveiw my case more than it should?
roseball
07-28 04:32 PM
Roseball and sumkum,
Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.
My new AP starts from the date my current AP expires.
Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.
My new AP starts from the date my current AP expires.
more...
pdakwala
04-28 12:55 PM
As of Apr 28 2006, 12:00 PM(EST) we have collected $102,491.10. Our goal is to reach 150k by May 1st 2006. We are running short by just 50k. This is not a big task. We need only 500+ people to come forward and contribute $100+.
You can do it. Please come forward and contribute. There are many people who still have not contributed. Please come forward and do a nice favor to yourself. $100 is not a big amount for you. If people who are between the jobs can contribute, why can't we. There are no reasons for not contributing. IV have done a lot for the entire immigration community.
SO LET'S JOIN HANDS AND WORK TOGETHER TO REMOVE RETROGRESSION.
PLEASE CONTRIBUTE.
You can do it. Please come forward and contribute. There are many people who still have not contributed. Please come forward and do a nice favor to yourself. $100 is not a big amount for you. If people who are between the jobs can contribute, why can't we. There are no reasons for not contributing. IV have done a lot for the entire immigration community.
SO LET'S JOIN HANDS AND WORK TOGETHER TO REMOVE RETROGRESSION.
PLEASE CONTRIBUTE.
waitnwatch
07-25 04:26 PM
I'm addressing the last part of your question about the cost of applying for H4. The form is pretty simple so you can do it yourself. Just ensure that you have attached copies of all required documents. The instructions to the form will guide you through the process.
more...
mdipi0
11-17 09:52 PM
hey, i just found out i have this account?
fromnaija
07-18 06:11 PM
Photographs are not big-deal. USCIS will RFE for them.
Hi,
I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
Even i am worrying what would happen with my application.
LK
Hi,
I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
Even i am worrying what would happen with my application.
LK
more...
mittal_a
06-26 02:45 PM
I did the address change long back and got the LUD for the same reason way back.
Thanks
Amit Mittal
Thanks
Amit Mittal
ashkam
09-14 07:42 AM
I watched Schindler's list and I don't know, I feel the Jews had it a bit worse than the "highly skilled immigrant" community. You know, what with the gas chambers and millions executed and what not.
more...
pdakwala
04-28 12:55 PM
As of Apr 28 2006, 12:00 PM(EST) we have collected $102,491.10. Our goal is to reach 150k by May 1st 2006. We are running short by just 50k. This is not a big task. We need only 500+ people to come forward and contribute $100+.
You can do it. Please come forward and contribute. There are many people who still have not contributed. Please come forward and do a nice favor to yourself. $100 is not a big amount for you. If people who are between the jobs can contribute, why can't we. There are no reasons for not contributing. IV have done a lot for the entire immigration community.
SO LET'S JOIN HANDS AND WORK TOGETHER TO REMOVE RETROGRESSION.
PLEASE CONTRIBUTE.
You can do it. Please come forward and contribute. There are many people who still have not contributed. Please come forward and do a nice favor to yourself. $100 is not a big amount for you. If people who are between the jobs can contribute, why can't we. There are no reasons for not contributing. IV have done a lot for the entire immigration community.
SO LET'S JOIN HANDS AND WORK TOGETHER TO REMOVE RETROGRESSION.
PLEASE CONTRIBUTE.
priya9178
01-09 11:19 AM
Iam on H4 and my visa expired on oct 31 '06 , I have applied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.
I have to visit India this month end and have booked my tickets with delta, from US to India via Paris(France).
I have 3 questions :
1. Do I Need an airport transit visa since iam travelling via France ?
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
3. Can I travel with an expired H4 visa ?
Please Help ???
I have to visit India this month end and have booked my tickets with delta, from US to India via Paris(France).
I have 3 questions :
1. Do I Need an airport transit visa since iam travelling via France ?
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
3. Can I travel with an expired H4 visa ?
Please Help ???
more...
coopheal
01-02 06:34 PM
nice....
akred's reasoning is flawed.
no way without getting a law, priority date are going to improve.
akred's reasoning is flawed.
no way without getting a law, priority date are going to improve.
coopheal
12-22 01:25 AM
Thanks for your reply. The lawyer did suggest that we could go for EB2 but I did n't know if it would be good idea. The reason I ask is when I look at the visa bulleting EB2 priority dates have retrogressed rather badly when compared to EB3 priority dates. I have been hearing rumors that EB3 might move faster than EB2. I am confused by why the priority dates for EB2 is worse than EB3. Could someone explain?
If you can apply in EB2 then go ahead and do it. Current EB2 retrogression more than EB3 is anomaly than rule.
If you can apply in EB2 then go ahead and do it. Current EB2 retrogression more than EB3 is anomaly than rule.
more...
bskrishna
05-15 11:33 PM
Lots of positive starts...have to see which ones will make it..
akilhere
11-06 03:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
On the other hand, chances are that a large number of applicants might not have the exact skillset mentioned in your advertisement as the current market has driven some desperate candidates to apply even if the requirement matches only 10% of their profile. So, it depends on your luck. The general assumption is that, people look to better their salaries, roles when the economy is doing good. So it is not necessarily going to help you a lot even in a good economy. This topic can be argued both ways.
Be greedy when the market is fearful and be fearful when the market is greedy - W.B
On the other hand, chances are that a large number of applicants might not have the exact skillset mentioned in your advertisement as the current market has driven some desperate candidates to apply even if the requirement matches only 10% of their profile. So, it depends on your luck. The general assumption is that, people look to better their salaries, roles when the economy is doing good. So it is not necessarily going to help you a lot even in a good economy. This topic can be argued both ways.
Be greedy when the market is fearful and be fearful when the market is greedy - W.B
more...
boston_gc
06-05 08:33 PM
I am in the similar situation. I think we should be fine not renewing it as long as we don't use it.
Does anyone else has comments on this?
Does anyone else has comments on this?
krishna_brc
02-18 02:45 PM
Should it not be OK to work for an Indian company (work from home - remote office)
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
seahawks
10-29 01:49 AM
bump...Washingtonians.. please come and join us for the meet!
HumHongeKamiyab
12-17 08:28 AM
Appreciate your response. Thank you so much.
There is on Ajay chaudhury in houstan.
There is on Ajay chaudhury in houstan.
kumar1
11-20 09:32 PM
You can call UK consulate and ask them for this information. They have a paid phone service (~2 dollars per minute) available. If you do not mind me asking, why are you going through the pain of getting a transit visa?
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