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I don't think that is possible......unless you filed it and it got returned...



Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

Saving grace - Our H1/H4 are in order with many long years left on them.

Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

good one!!!

Fastest way in NIW or Investor quota(1 mil $$)
GCCovet.

My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
Thanks.

You should be fine as long as your W2's are higher than what is specified in H1 LCA.

You GC Labor Wages are for furure job.

Thanks,
Krishna

Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.



The above statement makes me wonder if the lawyer submitted the exp. letters at all. Sometimes lawyers are idiots and they miss crucial items.

As far as IO being satisfied and what are his next steps is hard to say. The usual process is to first provide NOID (Notice of Intention to Deny), which will give you one more chance to clarify matters. But one can never say.

On the bright side, your case will be processed quickly and the I-140 wait will be over.

Good luck on your I-140 approval.

There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!

While I was travelling from India to USA, I was waiting at one of the airports in USA for my connection. An airlines staff asked for my passport and by mistake pulled away my
I-94 from from it.

The I-94 returns are automated. You may be out of US in records. Another reason to contact USCIS.

Bumping so that this thread can get traction. Looks like mostly GC related traffic comes to IV.

In general, it is based on your priority date i.e. labor filing date. but in some cases, i know few people having 2003 priority date approved but we know that there are many people in 2001 or 2002 are still waiting for approval. so it depends on the USCIS immigration officers who review the application but they approve only when your priority dates are current. name check delay or any RFE may delay the approval including applicant who are from oversubscribed countries has to wait longer.

Hey - you don't build houses with tables so why would you use them on buttons?

Is this an inside joke? I'm missing the part where anybody said anything about using tables on buttons.

Greg Siskind reported that there is another amendment(2448) by Senator Chuck Schumer (D-NY) that would allocate 61,000 green cards unused in prior years to Schedule A nurses and physical therapists:

http://blogs.ilw.com/gregsiskind/2007/07/schumer-nurse-i.html

Stuk,
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.

The best alternative is to ask your new employer to file for premium H1b transfer.

Because the goal of this contest is to have circles move around in clever and interesting ways, you must only use circles. No other shapes or images will be allowed.

What about the gradient in the background of your sample entry?

Click on view questions and then write immigration on search box and click on search. You will see immigration questions. Economy might be the main theme but all kinds of questions are accepted.

Notice were from Nebraska.Recieved on 8/13 for me and 8/14 for my wife,even though both were posted on same date..good they gave up appointment at same date & same time

...People who go to IV will be redirected to LIV...

I think it would do us more good than bad if we change the name to reflect legal immigration. You'd be surprised that politicians and journalists might even use us to argue their postion of NOT being against legal immigration which would be cheap publicity for us.

I would prefer we qualify it further though... to reflect HIGH SKILLED LEGAL immigrants. HSLIV?

How about extending the poll to include Dec'04 ?

I thought about that my friend, but chances of EB3-I going beyond 2004 are very slim. Sorry, if I hurt you by saying this but we have to accept the reality.

Thanks.

Cubans are politically active and highly vocal in advocacy of their cause. Are you?

No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???). Only reason they are enjoying immigration benfits is due to the US policy towards Cuba and its regime.

Well I do agree with you that we should avoid highlighting such issues and channelize our time and efforts towards the betterment of our own cause.

Is there any relation between biometrics and the final green card approval time?

I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.

Is that the case?

Biometrics expire after 15 months. This could be renewal, however if it turns to be what you think ? than good for you.

In my case, biometrics had expired 6-8 months ago, but USCIS never informed me. My PD is current but they are saying case is struck at last background check. All other stuff like name-check, finger-prints are done.

Folks

My EAD got approved on July 30th when my PD which is Mar 2005 for EB2 is not current.

USCIS issued the EAD for a year, called them up, they are asking me to send it back along with a fresh application.

Is there a process to get this straightened out? I call the USCIS number and each Rep gives me a different suggestion, one female was saying set up a infopass appt and they will help you out.

My current EAD runs out on Sep 19th and I dont want to mess with my EAD and create problems for myself

Anybody in the same boat?

Thanks!

PS: if this issue has already been discussed please dont stone me

Thank you guys for your replies.

NolaIndian32: I have a question, has your lawyer used the experience previous to filing for Labor as a justification to becoming a supervisor or whatever promotion you got? or did he include the experience post labor application?

Becks/Nolaindian32
Another question, I know that for changing the employer keeping the same labor before the I-485 stage that you need to prove same or similar, if that were the case and this is my info:
I came to US in December 2000 H-1B having 5 ys of previous experience, worked for employer A in U.S. from December 2000 until November 2003, joined employer B in December 2003 (another H-1B) where I am still working, then Employer B applied for my Labor in Feb 2005. IF that was the case for the I-140 stage of same or similar, how many years of experience can I use as gained in US? The three years with my first employer or those 3 plus the year that my current employer took to apply for labor in this case it would be four?


Thank you so much in advance.

What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?