2005 Consolidated Tracker (140/EAD/AP/FP/485)

Just got one of my two 140's approved (both are PP).
I was wondering if any of you guru's can help me get this figured out.

I was working for consulting "Company A" they filed for my Labor (EB2/PD 2002),
I now work for "Company B" and have an approved I-140 (EB2/PD 2004).

I also filed for I-140 thru Company A and is very close to getting approved.
Since PD Company A is 2002 I can go ahead and file the I-485 any day, the dilemma I'm in is that the job a Company B is going just fine and I'm not sure that company A will be able to get me a similar salary.
Question for you Guru's
1. Company A is NOT forcing me to join them, If I get the GC thru company A and do not join them will that cause any complications in GC renewal / Citizenship?
2. Will it be possible to port the PD from company A to company B (assuming both I-140 are approved.)
and which of the two options are provide better success rate.
aqan.. here are my thoughts :

1. If you are currently not working for Company A once the GC(through Company A) is approved you will have to work for Company A. If you dont then at the time of Citizenship it will cause a problem as they look into your employment history and ask you why you did not work for the company that filed for your GC.

2. I am not sure about the same category but I think it will be possible to port the PD from Company A to Company B. I know they do this for EB3 to EB2 conversion. Look into the following threads for more information :
http://www.immigrationportal.com/showpost.php?p=1340278&postcount=7
http://www.immigrationportal.com/showthread.php?t=189663&page=1&pp=15
http://www.immigrationportal.com/showthread.php?p=1321755#post1321755
http://www.immigrationportal.com/showthread.php?p=1321614#post1321614
http://www.immigrationportal.com/showthread.php?t=230864
http://www.immigrationportal.com/showthread.php?t=206590
http://www.immigrationportal.com/showthread.php?t=233132
Retaining Priority Date - http://www.murthy.com/news/UDinsigs.html
NSC Instructions on Transferring Earlier Priority Dates - http://www.murthy.com/news/n_nscins.html

My suggestion would be for you is to get the earliest date possible and get out of this mess. Though not a guru just wanted to share what I know. Research the forums for more info.

Thanks,
GCVaruma.
 
my attorney do not rememeber whether they used original copy or not, can I take a chance to convet my pending I140 to Premium processing.

If so, what are the implications...Talking to my attorney, if they can not process the case in 14 days, we may loose 1000$..I would appreciate if you can provide your experience with this situation or suggestions....

Thanks for your help!!!!!

Filed your 140 in 04/22/05 and no decision has been made yet?? Also the enquiries you made with USCIS for the past 2 years has not even fetched you a decent response in spite of telling them that they may face a lawsuit... the situation you are in is really difficult.. you wouldn’t want this to happen to anyone.

If money is not an issue I think converting 140 to premium processing will be good because now you would have kicked up the priority of your case. They will have to pick up your case and work on it because its premium. At the most you would get an request for additional documents/information. If there are no issues with your case they would have to certify it. Even though $1000 is huge you could be out of this mess sooner.

Just my opinion. Check the forums/others.

Thanks.
GCVaruma.
 
Thanks and I am not thinking about 1000$ and I have been wiating with out any status...

I believe my case is pretty staright forward other than the fact that this is a sub-labor and my company is backing up on this and no finacial issues or they are getting approvals of I140's for other employees...so I do not have a choice other than try with PP.

I hope this is it....

I will post the information as soon as I get the approval:)


Filed your 140 in 04/22/05 and no decision has been made yet?? Also the enquiries you made with USCIS for the past 2 years has not even fetched you a decent response in spite of telling them that they may face a lawsuit... the situation you are in is really difficult.. you wouldn’t want this to happen to anyone.

If money is not an issue I think converting 140 to premium processing will be good because now you would have kicked up the priority of your case. They will have to pick up your case and work on it because its premium. At the most you would get an request for additional documents/information. If there are no issues with your case they would have to certify it. Even though $1000 is huge you could be out of this mess sooner.

Just my opinion. Check the forums/others.



Thanks.
GCVaruma.
 
Thanks and I am not thinking about 1000$ and I have been wiating with out any status...

I believe my case is pretty staright forward other than the fact that this is a sub-labor and my company is backing up on this and no finacial issues or they are getting approvals of I140's for other employees...so I do not have a choice other than try with PP.

I hope this is it....

I will post the information as soon as I get the approval:)

Agree with you.. not knowing what is happening with one's case will surely drive me crazy.. by doing PP it will sure have some effect on your case. Along with that backed by a solid employer I think you must be fine.

All the best and keep us posted.

Thanks.
GCVaruma.
 
Question :

Do the authorities check the TAX records when deciding on I485 cases ?

My employer had filed for my Labor at VSC . He had a registered office in Pittsburg. I was on the project site in California. Does USCIS check to which states have you paid the state taxes when deciding on a i485 case ?
 
Question :

Do the authorities check the TAX records when deciding on I485 cases ?

My employer had filed for my Labor at VSC . He had a registered office in Pittsburg. I was on the project site in California. Does USCIS check to which states have you paid the state taxes when deciding on a i485 case ?

All the Tax returns that are requested by USCIS are only Federal returns. They do not they ask for state returns. I think it will not be a problem.

Thanks.
GCVaruma.
 
This is a recent court ruling that DHS can't reevaluate the LC already approved by DOL.

DHS Overstepped Its Authority by Denying Employer's Request to Hire Foreign Workers
The U.S. Court of Appeals for the Seventh Circuit has reversed a district court ruling that denied an employer's petition for classification of two alien workers as eligible for "employer-based immigration." The petition had been rejected by U.S. Citizen and Immigration Services (USCIS), an agency of the Department of Homeland Security (DHS) [ Hoosier Care, Inc. v. Michael Chertoff, Secretary of Homeland Security, et al. , CA7, Dkt. No. 06-3562, 4/11/2007].
The Facts
The employer, Hoosier Care, a residential care facility for individuals with disabilities, sought to hire two Filipino citizens as "developmental disability specialists." One applicant held a bachelor's degree in agriculture and the other in maritime transportation. Hoosier Care filed an application for alien labor certification with the Department of Labor (DOL), stating that the minimum educational, training and/or experience requirement for the job was a bachelor's degree in any field. Hoosier Care submitted letters of support by staff members and outside experts to back up its contention that college graduates were better suited to working with the residents of the facility, regardless of their field of study. The DOL granted Hoosier Care's request for certification.
Hoosier Care then petitioned the DHS for eligibility for "employer-based" immigration." The DHS rejected the petition. Hoosier Care challenged the DHS's ruling and, after losing its lawsuit at the district court level, filed an appeal.
The Law
8 USCS 1182(a)(5)(A)(i) forbids an alien to enter the U.S. "for the purpose of performing skilled or unskilled labor" unless the Department of Labor (DOL) certifies that there is a shortage of American workers able and willing to perform the labor in question and that allowing an alien to do the job will not harm American workers.
8 USCS 1153(b)(3)(A)(i) provides that the DHS is responsible for determining whether, in the case of skilled labor, a specific alien is "capable ... of performing skilled labor (requiring at least 2 years training or experience)." 8 CFR 204.5(l)(2) , which is a DHS regulation, states that for purposes of 8 USCS 1153(b)(3)(A)(i) , the DHS may consider "relevant post-secondary education."
In the case at issue, the DHS Administrative Appeals office maintained that the two alien workers in question did not possess "relevant post-secondary education" because neither agriculture nor transportation is a field of knowledge that relates to the care of severely mentally retarded individuals. The DHS office suggested that "relevant post-secondary education" would be majors in such fields as psychology and education.
The Ruling
The Court of Appeals said that it could not determine whether the DHS's interpretation of "relevant post-secondary education" was unreasonable. However, it noted that the DHS, in rejecting the petition, had failed to consider 8 CFR 204.5(l)(4) , which is another of the DHS's own regulations. Under 8 CFR 204.5(l)(4) , "the determination of whether a worker is a skilled or other worker will be based on the requirements of training and/or experience placed on the job by the prospective employer, as certified by the Department of Labor" (not the DHS). In other words, the determination of what kind of training is required to classify an alien as a "skilled" worker is made by the DOL upon consideration of the submission by the alien's prospective employer. The DHS's role in this process is to determine whether the alien whom the employer wants to hire satisfies those requirements — that is, whether he or she has the training that the DOL believes is required for the job. Thus, the DOL determines whether a college education, regardless of major, qualifies an alien as a skilled worker for Hoosier Care, and the DHS then determines whether in fact each of the two aliens whom Hoosier Care wants to hire has a bachelor's degree.
The Court of Appeals said that by granting the application and issuing the certification, the DOL accepted, presumably after reviewing the application, Hoosier Care's specification for the job requirements. Once the DOL certifies an employer's job requirements, the DHS does not have the authority to re-evaluate those job requirements. The DHS's role is solely limited to determining if the two alien workers held bachelor's degrees. Because the DHS had performed tasks that are the responsibility of the DOL, the Court of Appeals reversed the district court ruling and returned the case to the DHS for further proceedings. The Court of Appeals noted that it would require an act of Congress changing the present regulations to extend authority to the DHS to determine the suitability of job requirements specified in an alien labor certification.
The Court of Appeals also noted that the purpose of the DOL certification process is to ensure that American employers do not establish job requirements that would exclude American workers from applying for the position, simply because the employer desired to hire foreign workers at a lower wage rate. The court believed that by accepting Hoosier Care's application, the DOL was saying that it was satisfied that Hoosier Care had not manipulated the job requirements to exclude American workers from applying for the job.
 
Just got one of my two 140's approved (both are PP).
I was wondering if any of you guru's can help me get this figured out.

I was working for consulting "Company A" they filed for my Labor (EB2/PD 2002),
I now work for "Company B" and have an approved I-140 (EB2/PD 2004).

I also filed for I-140 thru Company A and is very close to getting approved.
Since PD Company A is 2002 I can go ahead and file the I-485 any day, the dilemma I'm in is that the job a Company B is going just fine and I'm not sure that company A will be able to get me a similar salary.
Question for you Guru's
1. Company A is NOT forcing me to join them, If I get the GC thru company A and do not join them will that cause any complications in GC renewal / Citizenship?
2. Will it be possible to port the PD from company A to company B (assuming both I-140 are approved.)
and which of the two options are provide better success rate.

You and I are on the same boat, only I have not been able to file i-485 due to pd not current.
But as I understand it, Company A is based the GC petition on a future offer, so if your i-485 has been pending for more than 180 days (which I am sure it is because unless you are a EB1 it takes forever ) then you can invoke AC21 with company B and change sponsors without problem, i believe the only thing that you need is a letter saying that you have the same duties in your company B's position ... that is all.
DOnt lose the PD, as I understand it is this way
 
Just got one of my two 140's approved (both are PP).
I was wondering if any of you guru's can help me get this figured out.

I was working for consulting "Company A" they filed for my Labor (EB2/PD 2002),
I now work for "Company B" and have an approved I-140 (EB2/PD 2004).

I also filed for I-140 thru Company A and is very close to getting approved.
Since PD Company A is 2002 I can go ahead and file the I-485 any day, the dilemma I'm in is that the job a Company B is going just fine and I'm not sure that company A will be able to get me a similar salary.
Question for you Guru's
1. Company A is NOT forcing me to join them, If I get the GC thru company A and do not join them will that cause any complications in GC renewal / Citizenship?
2. Will it be possible to port the PD from company A to company B (assuming both I-140 are approved.)
and which of the two options are provide better success rate.

Not sure about the best option, but here is my thought. You can continue with company B, and still recapture company A's PD (upon the corresponding I-140 approval), provided the company A does not revoke the I-140.
 
second finger print

I got a finger print notice this week after my first one on may 2005. Is this a routine that everyone get after 15months/2year?

i485 ND: May 2005 , transfered to TSC from VSC on Feb 2007.

Thanks
 
I got one today too

My I-485 was filed in September of 2005 and did my first fingerprint in October of 2005.

My case was transferred from VSC to TSC in March 2007.

I got a finger print notice this week after my first one on may 2005. Is this a routine that everyone get after 15months/2year?

i485 ND: May 2005 , transfered to TSC from VSC on Feb 2007.

Thanks
 
Biometrics Notice

My 485 case was transfered to TSC from VSC,

last week i got the notice to appear for Biometrics at Atlanta USCIS center ,
I leave in NJ.

the question is Do i need to go to atlanta for the same,
Is it possible to change the location

my wife can not travel at this time.

please advise , if anybody came accross similar sitution

Many thanks
 
Please check Murthy.com . Looks like dates for EB3 india, china are going to move. Also, it was a pity to know that last year around 11K green card numbers were lost because of DOL backlog elimination crap.
 
I140 converted into premium

My attorney sent a letter and converted my pending I140 to premium last week and I see a LUD on 04/25/07 on both I140 and 485, but no message change or luds after that...

I am hoping to get the approval some time this week and I will keep you posted the details.....

Thanks and I am not thinking about 1000$ and I have been wiating with out any status...

I believe my case is pretty staright forward other than the fact that this is a sub-labor and my company is backing up on this and no finacial issues or they are getting approvals of I140's for other employees...so I do not have a choice other than try with PP.

I hope this is it....

I will post the information as soon as I get the approval:)
 
check with your lawyer

Ditto my case. Yet, today my lawyer informed me that I have to do my fingerprints. I received no letter or email !!!

I think you should check with your lawyer. My lawyer informed me that the fingerprints are taken every 15 months (as if the fingerprints will change in 15 months...)

SVD

My I-485 was filed in September of 2005 and did my first fingerprint in October of 2005.

My case was transferred from VSC to TSC in March 2007.
 
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