2004 Consolidated Tracker ONLY (140/EAD/AP/FP/485)

gcalb said:
Thanks GCProcess2005 and Iaminq. That is very reassuring. There was nothing fraudulent in getting I-140 approved, so I should be safe.

Thanks and appreciate your quick reply!

Cheers,
Click to expand...


Received an RFE on 485,that employer revoked i140. Got letter from INS asking to submit AC21 with in 30 dasy or else 485 will be denied.

485/140 filled jan 05
140 approved feb 1st 2005
LUD on 485/140 Dec 2005(employer revoked i140,I guess)
received RFE on 485 march 06

Now applying for AC21...

Wish me good luck.

Minicooper.
 
urgent help please

minicooper said:
Received an RFE on 485,that employer revoked i140. Got letter from INS asking to submit AC21 with in 30 dasy or else 485 will be denied.

485/140 filled jan 05
140 approved feb 1st 2005
LUD on 485/140 Dec 2005(employer revoked i140,I guess)
received RFE on 485 march 06

Now applying for AC21...

Wish me good luck.

Minicooper.
Click to expand...


I changed job on march 1st2005,as my previous company said they will not revoke and i have to pay them some amount.

I paid them as they asked till july 2005.

After that they demanded more ,then I refused to pay.

now my lawyer says she can't file AC21 becasue i left the job in march2005 instead of wait till the completion of 180 days.


My question is can I file AC21 or not?
If yes can you recomnd any good Lawyers who dealt with a situation like this.

Please any advice or suggestions is appreciated.

Minicooper
 
wish you good luck. whats ur PD and case status? EB2 or EB3 ??


minicooper said:
Received an RFE on 485,that employer revoked i140. Got letter from INS asking to submit AC21 with in 30 dasy or else 485 will be denied.

485/140 filled jan 05
140 approved feb 1st 2005
LUD on 485/140 Dec 2005(employer revoked i140,I guess)
received RFE on 485 march 06

Now applying for AC21...

Wish me good luck.

Minicooper.
Click to expand...
 
Correct me if i am wrong

This is what i found in uscis.gov

http://uscis.gov/graphics/lawsregs/handbook/ac21intrm122705.pdf

Question 10. Should service centers or district offices deny portability cases on the sole
basis that the alien has left his or her employment with the I-140 petitioner prior to the
I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective
employment. Since there is no requirement that the alien have ever been employed by the petitioner
while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-
485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all
cases an offer of employment must have been bona fide. This means that, as of the time the I-140
was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have
had the intent to employ the beneficiary, and the alien must have intended to undertake the
employment, upon adjustment. Adjudicators should not presume absence of such intent and may
take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be appropriate.



According to this I can apply for AC21 right.

Correct me if I am interpreting it wrong.

Minicooper.
 
Yes, u can

If your I-140 is revoked after 180 days of I-485 pending, you should be safe and fine. If I-140 withdrawn/revoked before 180 days, AC21 can not be applied. Consult a very good lawyer, who can do good justice to RFE.

Wish you all the best.

-GcNov2004

minicooper said:
This is what i found in uscis.gov

http://uscis.gov/graphics/lawsregs/handbook/ac21intrm122705.pdf

Question 10. Should service centers or district offices deny portability cases on the sole
basis that the alien has left his or her employment with the I-140 petitioner prior to the
I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective
employment. Since there is no requirement that the alien have ever been employed by the petitioner
while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-
485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all
cases an offer of employment must have been bona fide. This means that, as of the time the I-140
was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have
had the intent to employ the beneficiary, and the alien must have intended to undertake the
employment, upon adjustment. Adjudicators should not presume absence of such intent and may
take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be appropriate.



According to this I can apply for AC21 right.

Correct me if I am interpreting it wrong.

Minicooper.
Click to expand...
 
Last edited by a moderator:
Background Check Pending - Gurus Please Advise

Hello Gurus,

There have been no LUDs on our I-485s for almost a year now, so I scheduled an InfoPass Appointment with an Immigration Officer.

I was told that my Background Check (by FBI) was still pending.

Please advise me on what I can possibly do to find out what is going on.

Many thanks in advance.

Meghraj

EB3 PD Mar, 1999
I-140 Approved
I-485 ND 11/2004; AD ??
I-485 LUDs .... 04/22/2005
 
It's a million dollar question, I don't think there is anything you can do apart from waiting or having patience.

But check forums
http://www.immigrationportal.com/showthread.php?t=174845&goto=lastpost
http://www.immigrationportal.com/showthread.php?t=136848&goto=lastpost

You might get some idea.

Wish you all the best.

-GcNov2004

Meghraj said:
Hello Gurus,

There have been no LUDs on our I-485s for almost a year now, so I scheduled an InfoPass Appointment with an Immigration Officer.

I was told that my Background Check (by FBI) was still pending.

Please advise me on what I can possibly do to find out what is going on.

Many thanks in advance.

Meghraj

EB3 PD Mar, 1999
I-140 Approved
I-485 ND 11/2004; AD ??
I-485 LUDs .... 04/22/2005
Click to expand...
 
140 Rfe

I just received the RFE on my 140 application. It requires the following docs!
1. Exp letter from the previous employer
2. All previous year tax reports

Very nervous!!
 
Dont Worry. Its a simple rfe. They just gave this rfe so that they dont have to give you a reason why your I-140 was pending for so long. You would get approved soon.
 
sensat said:
Dont Worry. Its a simple rfe. They just gave this rfe so that they dont have to give you a reason why your I-140 was pending for so long. You would get approved soon.
Click to expand...

I hope your words come true, Sensat
 
140 Rfe

I received I140 RFE yesterday regarding
1) confirmation letter from employer for hiring the employee (as it is future employment based labor with priority date March 2004)
2) A&P

I am too much nervous abt this one.

--pramul
 
140 Rfe

I received I140 RFE yesterday regarding
1) confirmation letter from employer for hiring the employee (as it is future employment based labor with priority date March 2004)
2) A&P

I am too much nervous abt this one.

--pramulreddy
 
Gcprocess2005 said:
I just received the RFE on my 140 application. It requires the following docs!
1. Exp letter from the previous employer
2. All previous year tax reports

Very nervous!!
Click to expand...
________________________________________________
Don't worry GCProcess2005, i will get yr I140 very soon...

Labor- March 2004
Labor apprv- Jun2005
I140 applied- July 2005 LUD on 2/5/06, 2/28/06, got RFE on 03/07/06
I too received I140 RFE yesterday regarding
1) confirmation letter from employer for hiring the employee (as it is future employment based labor with priority date March 2004)
2) A&P

I am too much nervous abt this one.

--pramulreddy
 
Meghraj,

Atleast contcat the local Congressmen and Senators to make sure they have initiated the Process of NC and it is stuck pending the action from FBI.

Regards.
 
Dear Meghraj:

Can you please advise me on what is the process to check if the NC is completed. Who do I call to find out if it was initiated or completed. So I have to contact local senators or can VSC provide me with this information.

Thank You


vicky007 said:
Meghraj,

Atleast contcat the local Congressmen and Senators to make sure they have initiated the Process of NC and it is stuck pending the action from FBI.

Regards.
Click to expand...
 
Name Check

njrirlabor said:
Dear Meghraj:

Can you please advise me on what is the process to check if the NC is completed. Who do I call to find out if it was initiated or completed. So I have to contact local senators or can VSC provide me with this information.

Thank You
Click to expand...


njrirlabor,

I came to know from the Immigration Officer during an InfoPass Appointment.

With best wishes,


Meghraj
 
Citizen of what level class we are here?

Thanks NYDeal for your replay. Is it ok to call them now for update on my 485?

Ok look at number of Immigration visas issued in USA for all classes, I think we are wasting our time by waiting here for GC as USCIS is not giving priority to hard working and tax paying H1B people!!! if you look at this analsis by USCIS for last five years.

Please go through attachment.
 
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