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The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD)
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.

Hope this helps.

Hi Smuggymba, very sorry to see you in such a situation...

It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.

My advice is to you: transfer your H1 as soon as possible before 140 is revoked....

Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....

All the best





6 months.

Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.

Hello all, my lawyer is charging $600 for EAD (including uscis fees), I heard from one of my friends that EAD can be applied by yourself.

Has anyone done that?
Is it easy to do that?

Here is:

e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)


I already did it for wife, son and myself.

Saved about 1500$

If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!


Any F1 visa spouse can apply for I-485 the only legal cause is that at the time of filing spouse status should be legal, found from my attorney.
As per my knowledge when I was a student, the internation center updates the Sevis database and also writes on the I-20 that the student is accepting OPT and so a EAD needs to be issued. And on the EAD it will mention that the EAD is for OPT, so EAD for I485 is differect from EAD for OPT.

Can someone give the website where I can check the case status? thanks.

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getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.

If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.

Hi Gurus,

I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.

Here is my case.

PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

Please let me know what options I have.


Thanks
GCWarrior

If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.

ags123, not to alarm you, but is it possible to apply now for your wife? Since you already got your 485 approved and crossed the proverbial line into the gc land.

The 765 instruction form mentioned an alternative address for courier/express deliveries as follows:
USCIS
Texas Service Center
4141 N St. Augustine Rd
Dallas, TX 75227.

I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.

MI

It was signed by R William at 9:30 AM on 07/03/2007.
Thanks much..mine was also signed by R williams at 9:03 am and my checks not cashed yet...

http://www.nytimes.com/2006/04/06/washington/06immig.html?_r=1&oref=slogin

http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html

@clockwork: Can you suggest some good lawyer(s).

Thank you for reply.

Can I request to port 2003 PD at the time of filing 2nd I-140

or

Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.

Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.

I appreciate your input.

Thanks

Since your PD is in 2006, It may be a mistake.
This month I have seen many applicatiions with PD - EB2-India Jan-2003 to Jan 2004 are approved.
If you see many other updates like "Card production ordered" "Welcome NEW permanent residents" in the coming days then it may be a real approval

I think u should talk to new lawyer abt retaining application and pursuing on the the one with Co X....even though it was acquired. by Y....as long as ur location did not change. If u had a clause stating that ur Job is relocatable u should even be able to retain Co X;s application even though u moved after teh aqisition

Good observation, although I totally support this clause to oppose automatic citizenship.
Maybe you are right, but in the meantime there are hundreds of thousands of children which are U.S. Citizen and their parents are struggling to give them a normal life in this country.

They can't just see half of the problem: if they deny automatic citizenship, at the same time they should grant the right to have the same opportunities of all other citizens for those who are citizen with immigrant parents: both parent should be entitled to work and have complete freedom of changing employer, start a business, etc.

I have included the experience letter to my I-140 but the USCIS doesn't like the content of it hence the RFE. How can I overcome this? I got the letter when I left the company 10 years ago . I came to the US after that. the letter was very broad not specific duties. it was signed using letter head by my manager. I thought it was OK. but apparently not.

Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?

do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?

anybody has a sample letter for RFE experience letter?


THanks....
I need help.....

Many people like us want to do an automatic contribution. Can the website be modified for this. Setting up direct payment from bank account is more cumbersome as suggested by one member


thanks
IV is working on this and we shall be making this live shortly.

Paper filed to TSC and my 485 is pending at NSC
PD: EB3 Dec 2002

EAD sent to TSC on July 10th
RD: Jul 11th
ND: Jul13th

EAD expiring on Oct 3rd.So my countdown started.

This is scary man...

for gg_ny

this is extension of H1B based of aproved I140 .

if i understood correctly the application for H1 extension will became null and void if i travel outside of US .

this is very interesting. I was not aware about this .

Anyway, thank you for your valuable input