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  • joeshmoe
    09-04 12:35 PM
    Congratulations man!

    now here is the stream of questions :)

    Your Service Center?
    GC approved with Priority date April 2001 or Dec 2004?

    485 was for underlying labor PD of Dec 2004.

    I had applied for different labor (different employee and different job) in April 2001 but that case went nowhere and had to apply for new one in Dec 04 without the possibility of transferring the earlier PD.

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  • visa_reval
    12-12 11:41 AM
    couldnt upload the pdf. Here's what you can do.

    1. Airport error. If an error on an I-94 was made by an immigration officer at the airport, upon the alien�s arrival in the United States, she may go to any deferred inspection site or to any port of entry to have the document corrected. These posts are controlled by Customs and Border Protection (CBP). The alien does not have to return to the same airport where the error originated.
    It is a better policy to try the nearest deferred inspection site first because these are usually more accessible than ports of entry. A list of deferred inspection sites, with hours of operation and telephone numbers, is provided on pages 5 - 8 of this RAPID Answers. A list of ports of entry is available on the website of Customs and Border Protection (CBP) at Click on �Ports�. The alien or her representative should always telephone ahead to make arrangements. Some CBP offices at ports of entry may be inaccessible to walk-ins.

    Check with the nearest international airport to see if you can do a deferred inspection. Or else, they could point to an airport which can.

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  • bharad
    09-18 04:26 PM
    My PD is oct 2004 it is way-off from the current priority dates according to the visa bulleting, but still I received the EAD for only one year(approval date: 9/11/2008). Did you receive any positive info from the INFO-PASS appointment?
    That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.

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  • 485Mbe4001
    03-06 03:42 PM
    Hang in there, i am in a similar boat, I applied for 485 in late 2003 and missed the boat each time with namecheck, i was cleared all this while but my wife who is the primary was stuck. I am on my 4th EAD/AP, just applied for the 5time.

    My 6 years of H1 expired long back, i guess we were lucky to be able to file for 485 and i could continue working on EAD.

    Our great lawyer who filed an EB3 petion for my wife and 'advisied' my company 3 years back not to spend money on my labor because my wifes PD of mid 2002 was good. I know i should have broken a coconut and applied vermillion on the application before sending it off, maybe that would have changed everything :p

    I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved


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  • tabletpc
    06-17 01:40 PM
    Been there, done that , do this�!!!

    Long story short. I am not sure if its illegal , but surly it is questionable and could make your immigrations issues complicated.

    I contemplated a lot when I developed the iPhone App. Looking at the number of downloads now , I could have made good money �. but could have been at the cost of some complications. With 485 pending I did not wanted to land into another delay�!!!

    So play it safe for now�keep it as free.

    For those interested in iPhone programming resources�..iTunes has lots of podcast. Stamford podcasts are my favorite.

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  • cheg
    08-30 08:53 PM
    Congratulations!!! Celebrate! :D


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  • pitha
    05-22 07:25 PM
    Aliens with
    applications for a labor certification pursuant to section
    212(a)(5)(A) of the Immigration and Nationality Act shall
    preserve the immigrant visa priority date accorded by the date
    of filing of such labor certification application.

    doesnt the above statement mean people who have filed for labor certification retain there priority date. For example if I140 is cleared and labor certification was done in Jan 2005 then you will retain the jan 2005 priority date.

    Checking out this section of the bill :

    It says something about preserving priority date. Is there any provision to port the priority date from old system to new system. I am sure there would some sort of concept for priority date in the new system.

    Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?

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  • ravi2patel
    07-23 11:19 PM
    My situation is as follows:
    1) approved RIR labor 2002
    2) approved perm labor 2005
    3) approved i-140 2006 (PD 2005)
    4) ALL of above for company-A. 2006 company-B took over.

    My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

    I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

    SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(



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  • simplistik
    03-06 06:54 PM
    heh... the problem w/ this is... all the sites seem to be influenced by one another... and progressively got better... :( you all should've kept your stuff under wraps until the end

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  • techbuyer77
    06-20 01:13 PM
    However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer.

    Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.


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  • snathan
    05-04 11:24 PM
    I would also recommend to go through an attorney as the cost is not worth to lose your status...

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  • gcpower1
    02-10 10:08 AM
    We don't need CIR..... CIR for illegal

    We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.

    Everyone knows our problem don't get into CIR it will ultimately heart us and delay our GC if you are not aware of 245i which still in our way and it is for illegal immigrant.


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  • ita
    01-23 08:30 PM

    1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.

    2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
    It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.

    Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).

    Example of EAD/AP anxiety:

    AP document says that it should be used for emergency travel. This rule on AP
    was formed at a time when 485 processing would take not more than 6 months.
    In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
    I guess we are supposed to have a proof of emergency travel.

    Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
    With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.

    When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.

    Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
    This would save money/time for the applicant and lot of time for USICS.

    Thank you.

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  • yabadaba
    01-26 10:59 AM
    If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....

    In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.

    Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!

    Good Luck folks!!
    TSC is june 21st for I-140


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  • waitingnwaiting
    05-20 11:00 AM
    I have completed. :)

    Thank you for spreading my teachings to you. :D

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  • alien2006
    08-23 12:34 PM
    knowDOL, thanks for the info, will keep it in mind.


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  • add78
    05-30 09:54 AM
    1. If you are still with university and the H1 is valid, you are not out of status.
    2. If you are out of university and if company A's H1 is valid, you can start work with company A.

    If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status

    If you are out of university and company A's H1 is not valid, you are out of stats.

    Please check with attorney asap.
    What Snathan said above is absolutely 100% correct.
    However as someone else said about stamping and getting over the out of status period issues is not correct, if at any point you were out of status (no salary or no valid i-94 (white card or the 797)), it may come back to haunt you during GC process.
    Without getting into the risk/debate of whether you were counted for cap when "A" filed for your H1, in order to file with another employer "C", it is advisable to work for "A" if they have a valid H1 filed for you and if you have just left the University employer without any delay and consult with an attorney to remedy the out of status issue for the period since you left the Univ. employer. And as always, if you think you were helped by the senior members here, please consider helping IV by donating to your own cause as soon as you get a project / back on track. Thank You.

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  • PBECVictim
    07-29 02:59 PM
    In Texas Service Center, they are not processing I-140 cases filed in the month July end and August. They kept the side. God knows about their future. But they are processing 2008 April and may cases also.

    Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.

    It is not fair.

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  • roseball
    08-01 10:45 PM
    The online system shows the date the case was entered into the system and it doesnt reflect the actual physical receipt date.....Receipt date box on the I-797 receipt notice will be the actual receipt date....For majority of cases, the online case status date is the actual notice date and/or the date the case was entered into the system....

    10-24 04:10 PM
    If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?

    Kindly advise...


    Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

    Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

    So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

    For tips to the other readers.

    Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
    One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

    This has worked in many cases as doing such bothe employer and employee gets best of both worlds.

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