gene77
10-19 01:54 PM
My case is exactly like yours ....
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
wallpaper Picture 3, -, One Tree Hill
desi485
11-07 03:36 PM
Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
However, having an official AC21 process would be good.
minimalist, thanks for sharing your views. As I said, I am a layman and do not know all the details. appreciate your input.
In this case, once an official request for AC21 is filed, CIS can release that particular employer from all liabilities for this 'AC21ed' 140. Since new employer is not required to show any financial statement (in case of EAD), this may be a good option.
However, having an official AC21 process would be good.
minimalist, thanks for sharing your views. As I said, I am a layman and do not know all the details. appreciate your input.
In this case, once an official request for AC21 is filed, CIS can release that particular employer from all liabilities for this 'AC21ed' 140. Since new employer is not required to show any financial statement (in case of EAD), this may be a good option.
walking_dude
03-20 10:29 AM
I for one will not be surprised. These undocumented immigrants march in thousands at their rallies [even though they face chances of deportation]. They are active in talking to media and getting publicity for their cause. They are also more actively contributing to help their cause. They have very strong backers - Agri-business, fast-food chains, restaurant owners, construction business , and immigration attorneys [ who will make lot of money if Z-visa gets passed], strong ethnocentric groups with considerable political clout, and many of them have US citizen relatives [who vote]
On the other hand, support of many immigration attoneys to EB immigration is half-hearted, high-tech employers care more about increasing H1B quota. Like it or not - IV is the only organization that is 100% devoted to EB immigration and working for our cause. Given this reality, IV should have got full support monetary and participation from 25,000 strong community here. As we know, only a minority of the community are doing all they can to help IV achieve its goal.
If we are not doing enough to help our cause, what right to we have to blame others for not helping us? In a way, we do deserve the step-motherly treatment for all the lethargy our community shows in standing up for its issues, and demanding a solution.
We will see and will be surprised to see that an illegal will be granted a status independent of an employer and will also have the travel permit and he/she can live here forever renewing his status.
On the other hand, support of many immigration attoneys to EB immigration is half-hearted, high-tech employers care more about increasing H1B quota. Like it or not - IV is the only organization that is 100% devoted to EB immigration and working for our cause. Given this reality, IV should have got full support monetary and participation from 25,000 strong community here. As we know, only a minority of the community are doing all they can to help IV achieve its goal.
If we are not doing enough to help our cause, what right to we have to blame others for not helping us? In a way, we do deserve the step-motherly treatment for all the lethargy our community shows in standing up for its issues, and demanding a solution.
We will see and will be surprised to see that an illegal will be granted a status independent of an employer and will also have the travel permit and he/she can live here forever renewing his status.
2011 One Tree Hill Wallpaper Image
sanjay
05-27 09:58 AM
Even I failed to understand the point made by original poster. I sometime doubt we come here for discussing some serious stuff or some comedy circus?
Users comments for the above post that I got. Now, why should I come here for HUMOR.
May be guys down there can give me answer who posted these comments for me.
- > YOU ARE THE COMEDY FOR NOT GETTIN HUMOR, NOW KEEP BURNING LAMP
- > DON'T BE A NERD, LEARN TO LAUGH, US IS ABOUT COMEDY
Users comments for the above post that I got. Now, why should I come here for HUMOR.
May be guys down there can give me answer who posted these comments for me.
- > YOU ARE THE COMEDY FOR NOT GETTIN HUMOR, NOW KEEP BURNING LAMP
- > DON'T BE A NERD, LEARN TO LAUGH, US IS ABOUT COMEDY
more...
mzdial
June 13th, 2004, 12:59 AM
Not to throw more rocks into the gears here.. But unless the S2 has been updated (which I don't follow really), it was using the chip that was in the Nikon D1 I believe?
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
akhilmahajan
07-11 09:32 PM
If this happened to your daughter before even the july fiasco, what didfference it makes if it happenes again with the fiasco over our heads?
What kind of identity theft you think will happen and why?
When it happenes with your credit card at famous outlets, why the heck we should be too worried if it happens at USCIS?
Whatz your point?
Cant you think and understand what the post meant?
He is mentioning a very valid point. 485 has all the information which one needs to screw up some one's credit history which takes years and years to build up.
I hope now u will get the point.
What kind of identity theft you think will happen and why?
When it happenes with your credit card at famous outlets, why the heck we should be too worried if it happens at USCIS?
Whatz your point?
Cant you think and understand what the post meant?
He is mentioning a very valid point. 485 has all the information which one needs to screw up some one's credit history which takes years and years to build up.
I hope now u will get the point.
more...
Guig0
01-03 09:29 AM
my computer is still on repair, and I really want to participate on that battle (I already lost one because of that), I know that soul is going to win :P but battles are fun:)
2010 Wallpaper named scott model
Leo07
06-25 12:29 PM
But...I'm not comfortable with subject, that is starting with a question.. ( reply to svn's post)
IMO, it might backfire as...'What da xxxx is in it for legal immigrants?'( depending upon ones mood at that time)
I'm more for a lowered tone...request, that is.
Thanks hsingh82! for the post and validating the site.
IMO, it might backfire as...'What da xxxx is in it for legal immigrants?'( depending upon ones mood at that time)
I'm more for a lowered tone...request, that is.
Thanks hsingh82! for the post and validating the site.
more...
immigrant2007
08-20 12:41 AM
Mil gaya to nariyal phodunga... bas aur kya bolu?
(If I get it, I will break a coconut, what else can I say?)
Amen
(If I get it, I will break a coconut, what else can I say?)
Amen
hair ONE TREE HILL wallpaper
sanjay02
11-12 07:52 PM
Hi
Did Any one with Sept 12th 2007 recpt date got AP? Please let me know.
I got my EAD and fingerprints and still waiting for my AP.
Edit/Delete Message
Did Any one with Sept 12th 2007 recpt date got AP? Please let me know.
I got my EAD and fingerprints and still waiting for my AP.
Edit/Delete Message
more...
bekugc
04-18 03:23 PM
bitu,
when did u apply or ur 485? im asking for ur RD/ND on the 485.
also which service center.
thanks
when did u apply or ur 485? im asking for ur RD/ND on the 485.
also which service center.
thanks
hot Deb Scott Wallpaper - One Tree
pratibha
03-06 08:30 PM
I am 19 yrs old and on H4 visa since Sept 2002. Will this act be of any help for students on H4 who will get be aging out shortly at 21 yrs.
Your valuable input will be of great help. Please share your views.
Or is the act only for students of Illegal parents.
Thanks
Your valuable input will be of great help. Please share your views.
Or is the act only for students of Illegal parents.
Thanks
more...
house HD One Tree Hill wallpaper
santb1975
06-19 06:29 PM
Kudos to this approach
tattoo One Tree Hill wallpaper for
geniousatwork
04-14 01:38 PM
Congratulations!!!
more...
pictures peyton scott one tree hill
GCBy3000
01-04 09:56 AM
I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong.
I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
dresses One Tree Hill
gc28262
08-17 05:25 PM
Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
more...
makeup chad michael one tree hill |
Uncertain
04-28 04:00 PM
Of course all prospective legal immigrants pay taxes which are more than $75.
Plus 100% of legal immigrants have paid, are paying and will continue to pay taxes as compared to estimates that some illegals pay and some do not.
This is a very valid and strong point and needs to be brought up ASAP.
If there is already a google group, I suggest lets start adding information there ASAP.
Plus 100% of legal immigrants have paid, are paying and will continue to pay taxes as compared to estimates that some illegals pay and some do not.
This is a very valid and strong point and needs to be brought up ASAP.
If there is already a google group, I suggest lets start adding information there ASAP.
girlfriend Karen Roe Wallpaper - One Tree
Dj-Studios
05-15 04:54 PM
Sweet! You wanna set rules or me?
hairstyles Brief Recap - One Tree Hill -
pappu
11-13 03:57 PM
The reporter is trying to speak to immigrants waiting for their Greencards about their concerns about job security, if they have a plan B, if they've been pushed out in restructurings/layoffs and moved to a new job, etc, as they hear the layoffs this year are affecting such people, particularly in the
financial sector
Not a single person yet....
financial sector
Not a single person yet....
vbkris77
09-23 08:06 PM
i'm not campaigning for obama...... simply trying to set the record straight.....
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
it's a fact that he favors unions more. If tomorrow unions say no to hispanics he would kick most out...
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
it's a fact that he favors unions more. If tomorrow unions say no to hispanics he would kick most out...
garybanz
11-12 04:15 PM
Dominican Republic does not require a visa either.
Thanks Sunny, I have updated the first posing.
Thanks Sunny, I have updated the first posing.