2005 Consolidated Tracker (140/EAD/AP/FP/485)
- Thread starter joyd
- Start date
VSC has gone crazy 
Hope_2006, Congrates on getting thru it. Can you share which catgeory did your husband apply?
I am really worried as what happened to VSC. I am waiting for 140 for last 195 days but couldn;t get any message change so far. Is VSC working on concurrent filed cases(Before Sept 2005). I believe NO. Then what are they doing? I am breaking my silence as things are really happazard. Mine H1b is getting expired on 24th of this month and if I don't get the approval soon I will have to switch to EAD that I really don't want.
Hope_2006, Congrates on getting thru it. Can you share which catgeory did your husband apply?
I am really worried as what happened to VSC. I am waiting for 140 for last 195 days but couldn;t get any message change so far. Is VSC working on concurrent filed cases(Before Sept 2005). I believe NO. Then what are they doing? I am breaking my silence as things are really happazard. Mine H1b is getting expired on 24th of this month and if I don't get the approval soon I will have to switch to EAD that I really don't want.
Turek, ur case should get approved soon
I just looked at your previous postings and it seems that your priority dates are current and I guess that by the time your H1b Will expire u will have your GC in Hand. You shouldn't worry about the working on EAD
Good luck.
I just looked at your previous postings and it seems that your priority dates are current and I guess that by the time your H1b Will expire u will have your GC in Hand. You shouldn't worry about the working on EAD
Good luck.
tuareq
I am on EAD, my H1-b expired in Feb this year (6 yrs complete) -
I dont feel there are any disadvantages, in fact if you plan to use AC21 you have the advantage of negotiating like a GC holder.
However many lawyers and therefore most GC aspirants will swear by the advantages of having a backup status in case your I-485 is denied. This maybe a false sense of security, as any H1-B extensions based on pending I-485 become invalid when a I485 is denied. Also, if I understand correctly there is no appeals process for a denied 485.
If you dont have an approved 140 though you dont have the availability of AC21 therefore you should try to maintain H1 status. 140 denial can be based on your employers ability to pay or others.
This is all my opinion. Nothing more nothing less.
I am on EAD, my H1-b expired in Feb this year (6 yrs complete) -
I dont feel there are any disadvantages, in fact if you plan to use AC21 you have the advantage of negotiating like a GC holder.
However many lawyers and therefore most GC aspirants will swear by the advantages of having a backup status in case your I-485 is denied. This maybe a false sense of security, as any H1-B extensions based on pending I-485 become invalid when a I485 is denied. Also, if I understand correctly there is no appeals process for a denied 485.
If you dont have an approved 140 though you dont have the availability of AC21 therefore you should try to maintain H1 status. 140 denial can be based on your employers ability to pay or others.
This is all my opinion. Nothing more nothing less.
thank you
kodak57, GCVARUMA and A0001 thank you all VERY much for your replies and clarifications!!!
unfortunately it seems that may not be able to do it. unitednations explained that although i can file a 2nd lc with eb2 (as i now have 2 masters) and higher position/salary, the lc may not be approved as i obtained the 2 masters when working for my current company. here is what unitednations explained:
"on the perm labor it asks when you acheived the highest level of education related to the position. Therefore, they will know that you received the masters while you were working with the company and probably will not consider you having met the requirements of the job because you gained it with the employer.
You would fall into the category that the experience you gained has to be 50% different then what the position requires to get the labor approved."
i do not understand what exactly this requirement is and what the 50% is about. does any know what this means? anyone knows the details about this experience rule or where i could read about it?
this really sucks because my boss is willing to do it and pay for it...yet, once again my luck comes short (so close and still so far)
thanks again all!!!
kodak57, GCVARUMA and A0001 thank you all VERY much for your replies and clarifications!!!
unfortunately it seems that may not be able to do it. unitednations explained that although i can file a 2nd lc with eb2 (as i now have 2 masters) and higher position/salary, the lc may not be approved as i obtained the 2 masters when working for my current company. here is what unitednations explained:
"on the perm labor it asks when you acheived the highest level of education related to the position. Therefore, they will know that you received the masters while you were working with the company and probably will not consider you having met the requirements of the job because you gained it with the employer.
You would fall into the category that the experience you gained has to be 50% different then what the position requires to get the labor approved."
i do not understand what exactly this requirement is and what the 50% is about. does any know what this means? anyone knows the details about this experience rule or where i could read about it?
this really sucks because my boss is willing to do it and pay for it...yet, once again my luck comes short (so close and still so far)
thanks again all!!!
whatheheck
thank you for the wishes my friend!
i understand what you mean, but the reason i am frustrated is that my 140 got approved since october 2005 and i have been waiting since then hoping each month that my pd will be come current. to tell you how optimistic i was, i even went and did the medical in advance! but here i am 6 months later still waiting. you see i am part of other countries which it seems definetely not to be a priority for the uscis. as you said other countries is at stand still.
it got me thinking that if i had applied back in october for lc under eb2 through perm, it's very possible that i could have obtained both lc and 140 now and could proceed to the 485 stage instead of just waiting and waiting and waiting. so i started exploring the option and i got my boss to agree. but it seems that i may not be able to do it anyways as i explained in my previous post.
thank you for the wishes my friend!
i understand what you mean, but the reason i am frustrated is that my 140 got approved since october 2005 and i have been waiting since then hoping each month that my pd will be come current. to tell you how optimistic i was, i even went and did the medical in advance! but here i am 6 months later still waiting. you see i am part of other countries which it seems definetely not to be a priority for the uscis. as you said other countries is at stand still.
it got me thinking that if i had applied back in october for lc under eb2 through perm, it's very possible that i could have obtained both lc and 140 now and could proceed to the 485 stage instead of just waiting and waiting and waiting. so i started exploring the option and i got my boss to agree. but it seems that i may not be able to do it anyways as i explained in my previous post.
whatheheck said:
Example for you:
Current position with current employer:
Software Engineer:
40% Design
40% Development
20% Testing
Future Position with current employer:
IT Manager:
40% Communicate with client
35% Manage team members
25% Design, development and testing
As you can see, future position in this case is more than 50% different than current position. This has to be described in the promotional offer letter from the employer. The letter is needed only if DOL audits the case.
***This is only my opinion. Please seek legal counsel before taking any steps***
Current position with current employer:
Software Engineer:
40% Design
40% Development
20% Testing
Future Position with current employer:
IT Manager:
40% Communicate with client
35% Manage team members
25% Design, development and testing
As you can see, future position in this case is more than 50% different than current position. This has to be described in the promotional offer letter from the employer. The letter is needed only if DOL audits the case.
***This is only my opinion. Please seek legal counsel before taking any steps***
foret1 said:kodak57, GCVARUMA and A0001 thank you all VERY much for your replies and clarifications!!!
unfortunately it seems that may not be able to do it. unitednations explained that although i can file a 2nd lc with eb2 (as i now have 2 masters) and higher position/salary, the lc may not be approved as i obtained the 2 masters when working for my current company. here is what unitednations explained:
"on the perm labor it asks when you acheived the highest level of education related to the position. Therefore, they will know that you received the masters while you were working with the company and probably will not consider you having met the requirements of the job because you gained it with the employer.
You would fall into the category that the experience you gained has to be 50% different then what the position requires to get the labor approved."
i do not understand what exactly this requirement is and what the 50% is about. does any know what this means? anyone knows the details about this experience rule or where i could read about it?
this really sucks because my boss is willing to do it and pay for it...yet, once again my luck comes short (so close and still so far)
thanks again all!!!
Last edited by a moderator:
thanks for the quick response kodak57!
the new position (that i am actully/currently doing) is more than 50% different than the old position that was mentioned in my lc back in 2001. but i don't think the issue is about the position being different though.
what got me worried is that as unitednations explained, the experience gained has to be 50% different than what the position requires. so the issue seems to be about the experience itself and 2 masters as i gained them with the current employer.
thoughts anyone?
the new position (that i am actully/currently doing) is more than 50% different than the old position that was mentioned in my lc back in 2001. but i don't think the issue is about the position being different though.
what got me worried is that as unitednations explained, the experience gained has to be 50% different than what the position requires. so the issue seems to be about the experience itself and 2 masters as i gained them with the current employer.
thoughts anyone?
kodak57 said:
foret1,
As per my understanding - I may be wrong here, UN is quite experienced in such matters - the GC application is for a future position - as long as the type of experience required for the future position is more than 50% different than the type of experience gained with current employer, you should be fine.
Again, you should seek legal counsel before you go ahead. This is just my opinion based on the experience with cases in my company only.
As per my understanding - I may be wrong here, UN is quite experienced in such matters - the GC application is for a future position - as long as the type of experience required for the future position is more than 50% different than the type of experience gained with current employer, you should be fine.
Again, you should seek legal counsel before you go ahead. This is just my opinion based on the experience with cases in my company only.
foret1 said:
foret1 said:
foret1
My understanding is that experience should be gained prior to labor application and NOT prior to starting with company.
You should be able to do this. Why dont you pay a couple of hundred dollars as consulting fees to someone like Mr. Rajiv Khanna and solicit his professional advice. You can setup a phone consult by calling a number on his home page.
Question on H1B extension!
Spidey,
You mentioned that the 3 yr H1B extension that you get after I140 approval becomes invalid if at all I485 gets denied. Do you have any articles/publications which proves that theory. I have read several postings in this forum which say that H1b and 485 are two different things. Once you get your H1B extension then it is valid till it expires.
I would appreciate if anyone can share their experiences in this matter.
Thanks,
- sappana
EB3 : PD:03/2001
I-140 : RD:05/26/05, ND:06/02/05, RFE 12/9/05, AD 03/08/2006
I-485: RD 05/26/05, ND:06/02/05
Spidey,
You mentioned that the 3 yr H1B extension that you get after I140 approval becomes invalid if at all I485 gets denied. Do you have any articles/publications which proves that theory. I have read several postings in this forum which say that H1b and 485 are two different things. Once you get your H1B extension then it is valid till it expires.
I would appreciate if anyone can share their experiences in this matter.
Thanks,
- sappana
EB3 : PD:03/2001
I-140 : RD:05/26/05, ND:06/02/05, RFE 12/9/05, AD 03/08/2006
I-485: RD 05/26/05, ND:06/02/05
spidey said:
sappana said:
From www.immigration-law.com
Ok, so it's not exactly what I suggested, but whats in bold below suggests to me that AC21 H1-B extension benefits are only legit until that time that the underlying application is valid.
******************************************
Q-30 (01-02-2006): In the severe immigrant visa retrogression climate, is it advisable to maintain non-immigrant status till we get I-485 approval? I am an Indian national. My PD is May 2005. My 140 (EB-2) was approved and 485 is pending. I have a valid EAD. My Current H1B status expires in February 2006. Some of my friends are advising me to file a 3-year H-1B extension due to visa retrogression and not to work on EAD. Is it advisable to extend 3 year H1B, based on the very lengthy waiting period due to my PD? Or is it a waste of money? What are the potential chances for the denial of 485? Will the 3-year extension of H-1B protect the legal status of any individual in case of I-485 denial? A-30: The EB-485 waiters have an option of working in either H-1B or L-1 or EAD. The benefits on working on H-1B or L-1 rather than EAD pending I-485 are evident for those who are eligible for extension of H-1B within the 6-year limit or in the 5-year limit of L-1B or in the 7-year limit of L-1A. The benefits includes, among others: Even if I-485 is denied, the alien can keep staying and working in H or L visa status and retry the green card proces. When one works on EAD and I-485 is denied, the alien instantly falls into unauthorized alien status. Besides, even if the alien has another opportunity to apply for H-1B or L visa status or green card, he or she will not be able to do it as the alien is no longer in nonimmigrant status. The second benefit involves those I-485 waiters whose I-485 has been denied not on the I-485 issues but because of the denial of underlying I-140 petition. In this case, if the alien has worked on H-1B rather than EAD, the alien can keep extending the H-1B or L-1 status pending the appeal of denial of I-140 petition before the AAO. Once the alien's employer wins in the I-140 appeal, the USCIS usually reopens voluntarily or on the motion of the alien the denial of I-485 application and continues the adjudication of the previously denied I-485 application. This second benefit is not available for those aliens whose I-140 has already been approved because in all likelihood, I-485 will be denied on the I-485 issues rather than I-140 issues. Denial of I-485 is not appealable and the alien falls into unathorized alien status instant to the denial of I-1485 application. There can one situation wherein such alien can still benefit from the maintaining H-1B status within the 6-year limit. If the alien is eligible for 245(k) benefit of eligibility for another I-485 application inasmuch as unauthorized stay was less than 180 days or unauthorized employment was less than 180 days since the lastest admission to the United States, the alien can try another I-485 application if the denial of previous I-485 can be overcome or the new I-485 is filed on a separate labor certification application or I-140 petition. Sometimes, people try a motion to reopen of I-485 denial, but another option is filing a new I-485 application inasmuch as one has maintained a valid nonimmigrant status or is eligible for 245(k) benefits. The aforementioned benefits are not available to the aliens who are in the 7th-year extension or three-year increment extension of H-1B as the USCIS is authorized to grant such AC-21 extension "only pending" adjudication of the underlying application (labor certification application or I-485 application) or petition (I-140 petition). Once such underlying application is denied, it loses the grounds for AC-21 H-1B extension benefits.
**************************************
whatheheck
Registered Users (C)
Bleak news
My attorney says that it will take another 18 months before retrogress date for EB3 India move to Jan' 2002. This news is very disturbing. I don't know if i have to wait for another 18 months to apply I-485. I hope and pray that he is wrong.
Anyone has any news related to retrogress. Read today's Murthy.com's news update. DOL also predicts slow or no movement at all for EB3 in the future.
My attorney says that it will take another 18 months before retrogress date for EB3 India move to Jan' 2002. This news is very disturbing. I don't know if i have to wait for another 18 months to apply I-485. I hope and pray that he is wrong.
Anyone has any news related to retrogress. Read today's Murthy.com's news update. DOL also predicts slow or no movement at all for EB3 in the future.
StillAlive
Registered Users (C)
H1 renewal question
Hi Spidey/others,
My scenario is got a labor stuck in backlog and I did another with EB2-PERM and got EAD and pending 140/485. Both are from same company.
I can renew my H1 from the backlog labor beyond 6th year. Even if my PERM 140/485 gets denied, I should be safe right?
Do they link H1 renewals to any particular labor number?
Thanks a bunch in advance
Hi Spidey/others,
My scenario is got a labor stuck in backlog and I did another with EB2-PERM and got EAD and pending 140/485. Both are from same company.
I can renew my H1 from the backlog labor beyond 6th year. Even if my PERM 140/485 gets denied, I should be safe right?
Do they link H1 renewals to any particular labor number?
Thanks a bunch in advance
spidey said:
deals2home.com
Registered Users (C)
Congrats JaiSIngh!
When did you file your application (RE and ND)?
Thanks
Priya
When did you file your application (RE and ND)?
Thanks
Priya
jaisingh said: