Please download the recording for the Oct 19th Conference Call from this link.
Please download the recording for the Oct 19th Conference Call from this link.
Last edited by monica1; 21st October 2007 at 07:35 PM.
AC21 portability while I-140 (290B) appeal process pending/retaining priority date
Thanks for all your help to the immigration community. I have the following questions related to AC21 portability and would like to know if its applicable in my case.
LC applied in 2005 and approved
I-140 applied in 2007 (premium process)
I-140 RFE (ability to pay)
I-140 (Intent to deny for lack of evidence of ability to pay)
I-140 290B Appeal: Aug 2007 (Appeal/MTR currently in process)
I-485: Applied July 2007
The yates memorandum explains the I-140 portability when the I-140 and 485 are filed concurrently filed. Are the AC21 portability laws different if the I-140 and 485 were applied seperately and not concurrently?
The 2005 Yates memo suggests that after the I-140 and 485 were filed and if 180 days have passed and the I-140 is still pending, the I-140 should be approved if AC21 portability is used and cannot be rejected on grounds of “ability to pay of the 1st employer”.
Can I use AC21 portability to move to new company even though an I-140 Appeal/MTR process is pending with existing employer for ability to pay after 180 days of filing I-140, 485?
If the AC21 portability application is approved, will the I-140 be approved simultaneously in my case? Would the approved I-140 belong to the current employer or new employer?
How long does AC21 portability application take to process? If the application is denied for some reason can the I-140 appeal and 485 processes continue with current employer?
If the AC21 portability cannot be used, how to retain the priority date while I-140 appeal process is pending and if the candidate wishes to move to a new company?
Thanks for your help in advance.
Last edited by gc_peo; 16th October 2007 at 01:28 PM.
I applied for 485 on July 20th along with my wife as a derivative.On sep 18th USCIS generated 2 receipt notices but both of them have my wifes name on it. One has the correct name and 2nd receipt notice has her first name mispelled. We had applied for I-765 and I-131 only for her. I-765 has the same typo error as the 2nd I-485.I did not get any receipt notice for myself.My lawyer has sent a request to USCIS asking them to correct the error and to issue the correct I-485 receipt notice for myself.
Also when we went for Biometrics appointment,they did not take my biometrics because their system was showing my wife's information for both 485 receipt numbers. Will it be good idea to reschedule the appointment for the incorrect receipt notice?I was thinking by the time the next appointment is scheduled, my information might be available in their system.
Is there anything else we need to do or follow up with USCIS to get this error corrected as I'm travelling to India next week.
Greatly appreciate your response.
Last edited by Hpuser; 15th October 2007 at 05:12 PM.
H4 -> H1 -> H4 -> EAD
• Came to USA on H4.
• Applied for H1 and received H1 approval
• Applied for SSN and received the SSN
• Did not find a job on H1 for six months, so applied for H4 again and received the H4 approval.
• Traveled to India and while entering USA used H4
• Applied for 485/EAD as dependant (husband is the primary applicant) in June 2007.
• Received the EAD approval in September last week.
Question: should I apply for new SSN or can I use the one listed above?
Thanks for your excellent service and I greatly appreciate your help.
GC received in June 2002 - thus eligible to apply for US Citizenship
I was employed in the US until October 2004 (thus physically present in the US until October 2004).
I started my own business in November 2004 - this was primarily based in India. I did travel often to the US and have not violated the 6month out of the US rule - I was never out of the US for more than 6 months at a time.
I have also completed the 30months physical presence in the US since June 2002.
1. 3months residency in district - do I have to be physically present for 3months prior to filing N400 ?
2. How do I determine the address on my GC ? I obtained my GC in June 2002 - at the time I was residing in Michigan. Since November 2004 - my residence is in Virginia. How do I confirm that the INS has my Va address and not the Mi address ? The INS at Dulles did call up my Va address once when I had lost my passport at Dulles and they had found it. Does this mean that they do have my Va address ?
3. Since Nov.2004 (past 3 years) - I have been physically present in the US for only 6-8 weeks a year. Will this hamper my chances for US Citizenship ?
4. I am presently in Va and will be here until Nov. end - not sure if this helps.
5. Any advice from your side.....will be sincerely appreciated.
Is it advisable to submit case relevant information when MOTIC is pending for an erroneous I-485 denial. Or one should wait until USCIS requests specific documents. The reason for denial was not known when MOTIC was filed. The case was denied a year ago, because the ex-employer withdrew I-140 petition. However, applicant never received NOID or denial letter and learnt about the whole mess while renewing EAD last month. As of today, the case status search on www.uscis.gov shows that I-485 application remains “pending at the office to which it was transferred.” My questions are:
1. Is it possible to apply for EAD renewal on the basis MOTIC? When?
2. How long is the whole MOTIC process? Is there any way to expedite it?
3. What if that the previous employer substituted someone else on the same labor? And in the worst case scenario if that person is not from a country under retrogression, his 485 might have been approved during that year?
4. Can secondary applicant change visa status to F1?
5. A new I-140 is possible?
6. Can a case be denied without NOID? who gets RFE/NOID?
Thanks for caring.
Last edited by eb2_gc_seeker; 16th October 2007 at 11:37 AM.
I want to know I have appiled 485 but not AP. Can i travel to Inida .
I have H1 also. let me know what are possiblites ,.
PD: OCT 2001
I140 : Approved in June 2007 in PP
485/EAD/AP Filed on Aug 06 2007
RD: AUG 06 2007
FP: Sched on 10/22/07 - Done
EAD Approved on Oct 06 2007
AP : Approved
Second EAD and AP Appiled on 10/08/2008
Second EAD approved for TWO Years on 11/03/2008
Second AP Approved for One Year on 12/11/08
Waitig for 485
Hi! Rajiv, Thanks for the great service.
- Me and my wife are planning to visit out home country next month. Both of us are currently on H1B visa and we currently have our EAD and AP.
We plan to use Advance Parole for our trip(to avoid delays in stamping in home country). When we come back Should we use EAD to continue working for our employers.
A. My wifes H1B would expire by the time she comes back. Is there an issue with using EAD?
B. I will be just having a few days left on my H1B by the time I come back.Is there an issue with using EAD?
C. Do you see any issues at the Port of entry
Thanks in advance.
My son (he has Green Card) is an indian passport holder, 9 years. We wanted to do a name change - add a middle name.
1. what forms should I fill in to change the name in his Green Card? What is the process here?
2. what forms should I fill in to change name in his India Passport?
I have submitted my 485 in first week of Jan this Year. Already got EAD.
How can I check if my FBI name check has been done. As per OCT 15 release Nebraska is working on Dec 19th 2006 filed cases. They keep toggling the date.
The other question is can I file EAD renewal before 3 months (expires in March 2008) as boat load of cases (800000) have been filed in July-Aug 2007.
5 Years and 9 months - Still waiting
EB2, RIR 7/2002. State Approval 08/2004. Dec 2006 Approved
140 approved Jan 2007 , EAD got in March , FP done in Feb 2007 , 485 filed in 2nd week Jan 2007
485 LUD 4/3/2008 [NC clear 2007]
RFE - 2 (BC)
Filed PERM in 03/2006 New Application
PERM approved in 05/2006 (BS+5yr)
I-140 Approved: 12/2006
Can't file 485 as done for above case
9th yr H-1b extension/ EAD Renewed
Hello Rajiv - Thanks for your wonderful service. I have following questions :
1. My I-140 got rejected and I have 6 months remaining for 7th year H1B to expire. I have used up all my vacation time also. What options do I have to stay legally after the H1B expires.
2. Can I go to India for a month and come back before the H1B expires in the situation where I-140 has been rejected and 6 months are left for 7th. year H1B to expire.
3. Do you think entering USA after vacation on Advance Parole is a better idea or entering USA on H1B would be a good Idea.
Thanks in Advance.
Thanks for answering the questions.
I am a green card holder. What options are available for marrying someone in India and bringing the spouse to US? Can the spouse come to US in travel visa and then apply for green card?
Dear Mr. Rajiv,
Thank you for helping us with immigration related issues.
I am EB3/India/PD-March 2005 (Pre-PERM).
I have gone through Consular Processing (CP) and my form 230 is approved and case pending with Chennai Consulate for an interview date.
Question 1: As EB3 for India likely to be retrogressed further and no interim benefits for CP cases, can I initiate another GC case under EB2 (using same PD as my EB3), get I140 approval and apply for AOS without cancelling my existing CP case?
Question 2: In the above, instead of AOS, can I chose CP for my second GC case as well? (which means two CP cases for the same individual pending at the same consulate). Is that allowed?
Thank you very much for your time and efforts.
Firstly, thank you very much for answering questions.
Following is the situation:
My parents had visited the US early this year and went back to india in april. They had to return in August to help with my sister-in-law's delivery. At the POE they were questioned their intent of re-visit in such a short time ( less than 6 months). The officer was not happy that they had returned so soon and hence granted only 3 months of stay and said that they SHOULD leave in 3 months (I-94 and passport have been stamped with I-94 validity date in november). In such a situation
1. can we apply for an I-94 extension for 3 more months. Are there any chances of the extension being approved. what reasons would be convincing to state for extension. If rejected then will they face problems with future visits. What happens to the 10 year multiple entry visa that they hold.
2. if not what are the other options available. My brother is a US Citizen. Can he apply for their green card instead. If applied in these 4 weeks, can they continue to stay here even after the I-94 expiration. Is their status valid and does GC processing start immediately. And also how long can they stay and what happens to subsequent visits.
Please advise what would be the best course of action.
Thanks once again and greatly appreciate your help in this regard.
Last edited by ImmFrmUser; 16th October 2007 at 01:21 PM.
Thanks a billion for all your help.
I have a general question about updates to 485 application after fingerprinting.
My LC and 140 were approved in feb 2006 and Sept 2006 respectively.
Me and my wife had applied for 485 AOS on July 24th.
We received a fingerprint notice for 485 and were fingerprinted on Sept 21st, 2007.
However, there are no updates to our files. Last Update Date is still 08/28/07.
I know it is still early, any clue on what we should expect next. I am sure many people are in the same boat and would love to hear from you about this. If you could impart us some education about this, it will be great.
Thanks in advance.
Thanks for your kind service.
At present my wife is on H1 and currently working full time, we just got our EAD (derivative of my 485 ).
Question is, how can she switch over to EAD and spend some time with our new born (for 6 months) and then continue to work or switch to new job with EAD.
Is this possible?
Note: she still left out 3 years on her H1b.
Last edited by Rharan; 16th October 2007 at 11:23 AM.
My future employer company-F was filed I-140/I-485 with the substitution labour in July 2007. I never worked in this company so far.
my current employer company-C is also filing I-140 in the next week, Can current company-C's I140 be linked with already filed I-485 while furure employer company-F's I-140 is pending. if Yes,
A) What will be happen to the case if future company-F's I-140 is revoked or denied
after current employer Company-C's I-140 is linked
B) Does priority date to become current to link a new I-140 which is going to be filed by current employer company-C with I-485 which is already filed
C) is there any negative consequences in interfiling of new I-140 with already filed I-485
Last edited by rameshraju11; 16th October 2007 at 11:49 AM.
I applied for my I485 application as single when my dates were current. Am currently waiting for my Fingerprinting notice. I would be getting married in end October and planning to get my Spouse on dependent visa. Is it possible to reschedule the FP appointment and once I come back after marriage, is it possible to add my Spouse to my 485 application, even though the priority date is not current? I here somewhere in a different context, that dependants can be fingerprinted at same time as principal applicant? Does that apply to my case?
What other options do I have to add spouse to my I485 application.
Can I add a dependent only when dates get current again? Is it possible, that my I485 is approved before the dates are actually declared current and hence am not able to apply/add my spouse to my application?
Thanks a lot in advance.
I will get my citizenship in Nov 2007.I got my interview letter this week. My wife is on H1B and I wanted to apply for her Greencard based on marriage. Can you please recommend what forms do I need to apply. I wanted to apply for her advance payrol and EAD as soon as possible. Please advise.
I have done a lot of reading from different forums but can't seem to find the answer to my question.
Here are my details:
EB3 India PD 10/ 2004
LC Approved 02/2007
Filed Concurrent I-140 (non premium)/I485/AP/EAD - 06/2007 (RoW using wife's country of birth)
I-140 Approved 08/2007
Fingerprinting done 08/2007
EAD Approved 09/2007
AP Approved 10/2007
My questions are:
Since I have filed my I485 when my PD was current and now they have retrogressed to 08/2002, how does this affect my approval of my I-485??? Do I have to wait until my PD becomes current again to get I-485 approved? Or Do I just have to wait until a visa number is available for my category?
My I485 is pending for more than 2 years. My spouse's name check is cleared long back. I joined a company using AC21 last year. What can i do to Expedite the name check ?
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