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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #31 (permalink)  
Old 07-20-2007, 10:56 AM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
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Default

Quote:
Originally Posted by 4greencard
I have a question regarding offer letter. Can anybody describe the adjudication process?

If i-485 is ready to be adjudicated do the candidate need to mail any documents? If yes what type documents? or is it like USICS asks for "offer letter" only when in doubt? or only when there is an interview?

Are there any cases where I-485 was adjudicated without any interview or need to show any documents once I-485 was filed and receipt letters were mailed by USCIS?

Thank you in advance.
In the most convenient scenario, no one will contact you about anything and your case will be approved. Happens to many 485 applicants.

What I wrote above comes into picture only if you are selected for an interview. In this case, you have to carry an appropriate offer letter to the interview.
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  #32 (permalink)  
Old 07-20-2007, 10:59 AM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
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Default

Quote:
Originally Posted by rolrblade
Originally Posted by gondalguru
Correct.

Only important thing is 1) Your employer should not revoke the I-140 and 2) I-485 should remain pending and not approved before 180 days (seems likely give current situation)


So to follow-up on that if I change my job next month using H1 transfer, what happens when:

1. What is USCIS view when they see the H1 transfer request from my new employer?
2. After going to new job (say next month), I simply wait and do nothing regarding I-485 and then when 6 months have passed since 485 pending, I simply submit for an EAD card request with new offer letter and new attorney representation form?
3. Also after 6 months of 485 pending, I invoke Ac 21 and tell the USCIS that I have moved to new job...correct? Is AC 21 invokable for BOTH EAD and H1 or is it that AC21 applies only when you are using EAD?


I would appreciate a reply.
1. No view. Keep in mind that GC is for future employment.

2. Will work just fine. You do not need an offer letter for an EAD. You need to attach evidence that a 485 has been applied for you.

3. AC21 is the same for both H-1b and EAD. You will require an EAD only if you need to join an employer who does not sponsor H-1b. Else, your H-1b will carry the day without problems.
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  #33 (permalink)  
Old 07-20-2007, 02:50 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
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Join Date: May 2007
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Rolrblade,

If you are clear you want to switch jobs < 180 days, then if I were you, I would cough up $200+ and consult any of the 200-plus-dollars-for-15-mins attorneys like Sheela Murthy or Rajiv Khanna.
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  #34 (permalink)  
Old 07-20-2007, 03:43 PM
Junior Member
Priority Date
:
Mar-02
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: May 2006
Posts: 6
empire is on a distinguished road
Default Hi

hi rolrblade


I am sorry I was mistaken,My h1B will expire in Mar 08,please let me know your thoughts about my situation.
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  #35 (permalink)  
Old 07-20-2007, 03:53 PM
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
02/19/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
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Join Date: Jul 2007
Posts: 122
rolrblade will become famous soon enough
Default

Quote:
Originally Posted by empire
hi rolrblade


I am sorry I was mistaken,My h1B will expire in Mar 08,please let me know your thoughts about my situation.
can you please point me to your thread again? I have lost track of your situation.
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  #36 (permalink)  
Old 07-20-2007, 03:55 PM
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
02/19/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
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Posts: 122
rolrblade will become famous soon enough
Default

Quote:
Originally Posted by empire
I have a question regarding the new 485 filing,I am working for employer A, my 140 is pending with my current emploer and my 6th year H1 is till March 2007,but I got another offer from employer B,in the mean time July visa bulletin came,and my husband is eligible to apply for the 485.

My question is Can I take the offer from employer B?They were saying they can get the 1 year extension , but anyway in the mean time I can get EAD through my husband 485 application.

Can I accept the offer what would be the risk in this case?please help me out,I need urgent help.

Appreciate your response
I found your question.

I am not too sure about this. You really want to talk to techbuyer77. She should know.
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  #37 (permalink)  
Old 07-20-2007, 04:09 PM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
Colombia
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
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Join Date: Jun 2007
Posts: 143
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Default

Quote:
Originally Posted by empire
I have a question regarding the new 485 filing,I am working for employer A, my 140 is pending with my current emploer and my 6th year H1 is till March 2007,but I got another offer from employer B,in the mean time July visa bulletin came,and my husband is eligible to apply for the 485.

My question is Can I take the offer from employer B?They were saying they can get the 1 year extension , but anyway in the mean time I can get EAD through my husband 485 application.

Can I accept the offer what would be the risk in this case?please help me out,I need urgent help.

Appreciate your response
It all depends on how strong your husband case is. If you decide to go for EAD and go with new job, you depend on his approval and will loose h1b protection or status. If he gets denied your ead will be unvalid.
If your i-140 is pending you can nor use ac21 to switch to new job, it has to be approved, so only you know how strong your husband's case is. If you think he wont have problems getting approved get the transfers, as his wife you will get gc with him. If you depend on your i-140, and is not approved yet, you can not port the i-140/i-485 using ac21 to new job.
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  #38 (permalink)  
Old 07-20-2007, 04:14 PM
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
02/19/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
Compare
Join Date: Jul 2007
Posts: 122
rolrblade will become famous soon enough
Default

Quote:
Originally Posted by techbuyer77
It all depends on how strong your husband case is. If you decide to go for EAD and go with new job, you depend on his approval and will loose h1b protection or status. If he gets denied your ead will be unvalid.
If your i-140 is pending you can nor use ac21 to switch to new job, it has to be approved, so only you know how strong your husband's case is. If you think he wont have problems getting approved get the transfers, as his wife you will get gc with him. If you depend on your i-140, and is not approved yet, you can not port the i-140/i-485 using ac21 to new job.
techbuyer.

I read something interesting on your post. You say that you cannot use AC21 if your I-140 is pending. What happens if you have an approved I-140 AND a I-140 ammedment pending (like when company gets bought out , old company has approved I-140 but new company has filed ammendment)? Can you use AC21?
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  #39 (permalink)  
Old 07-20-2007, 04:17 PM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
Colombia
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Jun 2007
Posts: 143
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Default

Quote:
Originally Posted by rolrblade
techbuyer.

I read something interesting on your post. You say that you cannot use AC21 if your I-140 is pending. What happens if you have an approved I-140 AND a I-140 ammedment pending (like when company gets bought out , old company has approved I-140 but new company has filed ammendment)? Can you use AC21?
I dont know that one... I believ as long i-140 is approved you are fine.
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  #40 (permalink)  
Old 07-20-2007, 04:27 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
05/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Default Offer Letter

According to my law firm, if you're already working for the company that filed the I-140 petition, you don't need to send an offer or employment letter.

jazz

Quote:
Originally Posted by techbuyer77
Offer letter is part of initial evidence. Your package will be returned if you dont send it from day 1
__________________
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http://morejazzbythebay.wordpress.com/
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Proud member of IV California/NorCal
I was in Washington, D.C.

on Sep 18th 2007

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  #41 (permalink)  
Old 07-20-2007, 04:32 PM
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
02/19/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
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Join Date: Jul 2007
Posts: 122
rolrblade will become famous soon enough
Default Kaiser - You want to try this one?

Quote:
Originally Posted by rolrblade
techbuyer.

I read something interesting on your post. You say that you cannot use AC21 if your I-140 is pending. What happens if you have an approved I-140 AND a I-140 ammedment pending (like when company gets bought out , old company has approved I-140 but new company has filed ammendment)? Can you use AC21?
Kaisersose:

Do you want to try this one as the "resident expert" - techbuyer77 got stumped by this one too.
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  #42 (permalink)  
Old 07-20-2007, 04:33 PM
Senior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
09/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/20/2007
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Default

But you should consider the case of query from USCIS regarding your I-485

When you change job on H1-B, USCIS has the data and if it is more vigillant, it see that and can send you a query in which case, you will loose your GC.

The best case scenario is
If you have EAD and less than 180 days and you are laid off, then you can remain home until 180 days for portability to kick in and then change a job.

Correct me if iam wrong.
In my opinion, you cannot/shouldn't change job on H1-B with pending I-485 and before 180 days.
--sri

Quote:
Originally Posted by rolrblade
that is definately a very big relief . thank you very much.

I have a verbal commitment from my current employer that he will NOT withdraw my I-140 application whatever the outcome (layoffs going on).

I guess I am one of the lucky few!
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  #43 (permalink)  
Old 07-20-2007, 05:04 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Default

Quote:
Originally Posted by srikondoji
But you should consider the case of query from USCIS regarding your I-485

When you change job on H1-B, USCIS has the data and if it is more vigillant, it see that and can send you a query in which case, you will loose your GC.

The best case scenario is
If you have EAD and less than 180 days and you are laid off, then you can remain home until 180 days for portability to kick in and then change a job.

Correct me if iam wrong.
In my opinion, you cannot/shouldn't change job on H1-B with pending I-485 and before 180 days.
--sri
.. and stay in touch with the lawyer who filed your I-485 since if there is an RFE within those 180 days, it will most probably go to him.
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  #44 (permalink)  
Old 07-20-2007, 07:31 PM
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
02/19/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
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rolrblade will become famous soon enough
Default Please help

I heard somewhere that you cannot use AC21 if your I-140 is pending. What happens if you have an approved I-140 AND a I-140 ammedment pending (like when company gets bought out , old company has approved I-140 but new company has filed ammendment)? Can you use AC21?

Can any anyone please help answer this questions
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  #45 (permalink)  
Old 07-20-2007, 08:03 PM
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Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
03/28/2007
Chargeability
:
India
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:
N/A
I485 Mailed Date
:
06/30/2007
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Default anyone knows answer to this question?

Quote:
Originally Posted by rolrblade
I heard somewhere that you cannot use AC21 if your I-140 is pending. What happens if you have an approved I-140 AND a I-140 ammedment pending (like when company gets bought out , old company has approved I-140 but new company has filed ammendment)? Can you use AC21?

Can any anyone please help answer this questions
My I-140 has also been approved, but not the Successor in interest. Although I have no intentions to use AC-21 (and cannot use it until 6 months after filing for AOS) it would be helpful to know the answer to this question.
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