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  • vin13
    07-27 02:12 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.

    You are not obligated to inform USCIS about job change. So do not worry about that part.




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  • mayitbesoon
    07-15 11:30 AM
    My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.

    We are done with finger prints few months ago. No updates on I-140 or I-485s after that.

    Is it useful if we take Info pass appintment in this case and enquire about our case status?

    Why not USCIS offer I-140 premium processing for older priority dates?

    Can I-485 be pre-adjudicated even if I-140 is pending?.

    Appreciate any information. Thanks.




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  • vamsi_poondla
    03-22 09:47 PM
    Thank you for your replies. I will try and see.




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  • stillhowlong
    01-18 10:36 AM
    You can file 485 with either of the I140 as long as the position is open and the companies provide a letter stating the permanant nature of the job.

    For interfiling, one can request the priority date porting in any of these:
    - when you file the 2nd I140. You can send a copy of the first one and request to use that date.
    - when you file the 485, you can request to use the earlier priority date.
    - After you file 485, you can send a request to use the earlier priority date.
    In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.

    When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.

    Note: This is not a legal advice. Please consult a lawyer.

    Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.

    Thanks
    SHL



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  • anuh1
    04-05 01:33 PM
    Thanks for the info. I also got mine PWD today. Just now attorney confirmed that.




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  • pom
    10-02 02:30 PM
    Hey, you should put that in the wallpaper section, it's nice (game is advancing by the way :))

    pom :)



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  • pitha
    01-21 12:12 AM
    IV in good faith shared there plan about 485 provision with everybody. And it backfired spectacularly, though for no fault of IV. There were (and still are) a lot of bad apples who made a lot of noise not just here but also went on to other sites to carry there agenda. There agenda is to oppose 485. I am not against idea of opposite point of view but look at the extent these people went to push there agenda. They are calling IV all sorts of names and casting aspirations on IV team.

    I personally support the filing of 485 provision. But whatever decision IV has about 485 issues may be it is better of that they not disclose it. Hind sight is 20-20 but it might have been better if IV pushed this idea without informing everybody.
    I am not second guessing or doing Monday night quarterbacking but just saying with the lessons learned going forward not to disclose information. Democracy does not mean leadership has to run by each decision or explain each decision to everybody. IV is stuck between the devil and deep sea. Damned if the disclose damned if they do not disclose. Bottom line of what I am trying to say is we should get used to information blackouts. We are not getting any information but the important thing is our opposition is also not getting information about IV plans. It might be better that way. Now the difficult part is explaining that to people who want updates.




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  • godspeed
    01-15 09:03 AM
    I paper filed at TSC on Dec16th got approval on Jan11th, the pace is pretty good considering the holidays in between.
    There are several factor which helps aid in faster processing of the applications, mainly the required docs has to be in order and complete.



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  • TO BE OR NO TO BE
    05-17 07:37 PM
    Hi Everyone,

    My 7th year H1 is schedule to expire on 12/02/06. As my current employer has filed for labor cert. (PEBC) for more than 365 days, I will be eligible to file for extension after 06/02/06 (6 months before current H1 extension expires).

    Now my question is:

    If I want to change the Job and new employer is willing to transfer the H1, would I be able to file for H1 transfer and 8th year extension with the new employer after 06/02/06. In another word extension upto 12/02/07.

    I did a paid consultation with Murthy Law firm and the Attorney told me I will be eligible for 1 year extension, he did not explained that clearly.

    Has anybody in this forum experienced the same situation?

    Please let me know.

    Thanks!




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  • hasil
    09-28 05:54 PM
    From my experience, Crows are black everywhere. Unless you join non-desi company. it is hard to find desi company who keeps everything in black n white.

    Best bet is to try to workout something with you present company.



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  • Sunx_2004
    10-04 10:39 PM
    Just to add My I 140 approved from the first company.

    Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.

    I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-

    Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
    If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?

    Thanks




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  • lecter
    December 21st, 2007, 06:35 AM
    Interesting post.
    the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)

    Rob



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  • crystal
    10-06 10:22 AM
    There is no specific rule for this. I read opposite opinions on this by different lawyers. Based my reading on this subject , I came to a conclusion that it is better to switch to I-485 EAD once we get it to be on safer side. This is more related to IO officer questioning about our intent of continuing on F1 even after I-485 filing rather than IRS audits




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  • sekharan
    10-14 07:23 PM
    Very nice. It looks like we can get married soon!



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  • a_yaja
    07-13 11:25 AM
    What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
    Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
    As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.

    Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.




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  • sundarpn
    07-08 11:44 PM
    Wired response from you lawyer. Talk to HR.

    Anyways Congrats!



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  • SeanDell
    06-04 10:35 PM
    ?




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  • mammoy2k
    09-30 08:29 PM
    Please read Yates memo for clarification.


    I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.

    As for AC21 law, it is associated with an approved I-140 and not a pending I-140.




    I-485 July 2 filer , ND Sept 10
    No FP yet




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  • Maqrkk
    01-26 05:33 AM
    I really like The Swarm :thumb2:




    wandmaker
    11-18 07:51 PM
    1.) Could anyone let me know the appropriate documents for this?

    Photos (2 Numbers)
    Covering letter
    Copy of I-485 Receipt
    Copy of approved I-140
    Copy of PP (1st and last Page)
    Copy of I-94 (Front & Back)
    Copy of DL

    2.) Also, what are the fees associated with it, especially with all the old vs new stuff?

    you will have to pay the new fee, which is $305. Do efiling, it is easy and convenient.




    iwantmygcnow
    11-09 10:22 AM
    This is exactly what happened to my case. My attorney sent the porting request three time with no success. He says USCIS is returning the request without giving any reason.



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