FREE answers to questions from an Immigration Lawyer

[yvjoshi100]

Hi,
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.

[vrbest]

Not sure if it was answered anywhere for similar situation..

Here is my situation. I would like to see my options:

1) I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
2) Applied 485 for wife and kid and got EAD last July.
3) Category is EB3-I PD of Apr 06.
4) Though I was eligible for EB2 (13 yrs exp before joining company A) becas of Company A (they decided not to open EB2 position at that time). I was forced to go to EB3.
5) I am getting offer from my client and my company has agreed me to support. but client won't do H1 so I have to use EAD
6) in this case, can I get a another company (for future employment) to file for my GC on EB2? Will they be able to do it without H1 to them?
7) if so what would be the implications?

Thanks in advance!

[bagha]

Here's my situation:
On H1 with company A since 2001. Current extension is valid till July 2010.
Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

Now I want to transfer my H1B using AC21. My questions are:
1. If my current employer revokes I-140 what are the implications on my I-485?
2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if my company A revokes my I-140?

Thanks in advance.

[himu73]

I have a unique situation
1. My PD is EB3 July 2004.
2. My wife's PD is EB2 Jan 2005
3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
The H1 from earlier company expires in August 2008.

Question is what are my options regarding using my I140.

1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.

[eastwest]

HI,
I have filed my 485 on 8th June 2007, My 140 is approved in August 2006.

I have 2 different questions.

I have changed the job on 1st July 2008. Do I need to involve my attorney to file for AC 21? The New job title is "System Administrator" which is the same ONET CODE.

IN the while I have another offer with title as "Sr Systems Analyst".

My labor was applied as "Network Engineer" ONET code 15-1071. Can I switch to a job with title "Sr. Systems Analyst" ONET Code 15-1081.00 or 15-1051.00

Thanks

[GC_ki_daud]

I have

EB3 140 approved for June 2004
and
EB2 140 approved for May 2006

My lawyer said that they will file a petiton to apply my EB2 status to my EB3 dates as soon as dates for EB2 cross June 2004

But now, In this August VB , My EB2 became current .
What I did not anticipate was the huge 2 year+ jump in EB2 dates


My 485 was filed in July 2007 and shows the status pending since then.

I asked my lawyer which 140 did he use to apply my 485 and he says "Both"

I am confused with a couple of things

1. Is it possible to file 485 by sending in both 140s. I asked the lawyer and he said that NOW since the date has jumped more than 2 years it is not advisable to file petiton to move dates .

2. If I call USCIS , will they be able to tell me which 140 was used to file my 485

[Michael chertoff]

My question:

I left my GC sponsoring company, and joined different company on EAD. working in new company from last two months.(My I-140 was approved on 2006.)

I did not used AC21 , because my previous company is supporting me they said they will not revoke I-140 and will give me any letter on any RFE.

My question:

1.Is it Ok that i will keep working on new comapny without invoking AC21 and go back to my previous employer on i-485 approval.

2. Or in case of any RFE i will send the AC21 paperwork from new employer.

3. Or if there is no RFE, and i get approval. then i will go back to my old employer and ask them for a letter that they are not able give me job because of there financial reason(for my records to show that i wanted to work for that employer). I will keep working with new employer without informing USCIS.

please suggest what should i do in this situation.

Or it is must to INVOKE AC21 for me even both companies are supporting me.

thanks.

MC

[ras]

I kind of see only couple of questions being answered. Is the immigration attorney answering the questions atleast those questions who have their full profile on IV?

[samay]

[quote=AllVNeedGcPc;259781]I am a software engineer (15-xxx series):

- my LC got approved with 17-xxx code (Mechanical Engineer) (BECs fault, our forms OK), in 2006
- applied for LC amendment and returned original LC to BEC, right then
- No word from BEC, waited for a year, assumed 140 lost and then applied 140 with 17-xxx code and a copy of returned LC, in April 2007
- Applied EAD and AP, on July 2nd 2007
- meanwhile (after 140 application) LC got amended with new 15-xxx code, in August 2007 (Just before BECs shutdown)
- 140 that was applied in April 2007 is still pending
- Atty says that we will send the amended LC once we get an RFE

Should we wait for an RFE or should we inform USCIS about the amended code?


In my opinion you should have filed a copy of amended LC with the USCIS when you received it.

[samay]

Originally Posted by jeet

I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.

I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.

[samay]

Originally Posted by jeet

I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.

I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.

[samay]

Originally Posted by himu73

I have a unique situation
1. My PD is EB3 July 2004.
2. My wife's PD is EB2 Jan 2005
3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
The H1 from earlier company expires in August 2008.

Question is what are my options regarding using my I140.

1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.

1. No
2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.

[samay]

Originally Posted by yvjoshi100

Hi,
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.

NO because I-140 is essentially an employers application.

[samay]

Originally Posted by 485_spouse

Hi,
I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?

Thanks,
485_spouse

Sorry she will have to wait for the your PD to get current.

[samay]

Originally Posted by rajeshalex

Thank You Samay !!

I was in US from 2000 to 2001 on h1b.(first h1 approval)
Went to india and worked there from 2001 to 2006
On new H1 came to US on 2006
I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
only the current one which is from 2006. My 140 is not yet approved.
So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
will be needed in future.I had submitted 140 during July 07.

Is it needed for any 140 RFE or 485 level ?

Good Day !
Rajesh

Quote:
Originally Posted by rajeshalex
Hello,

Could you tell at 140 level does a candidate needs to submit all the previous
H1 Approval notices.

I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

Rajesh

Hello

We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
__________________

Was your earlier H-1Bapproval mentioned at all in the I-140. If not I would not worry about it. Relax.