Concurrent Filing I140 & I485 Nebraska Service Center

Haibo

Even though INS mentioned that you can show any experience from the employer who is filing your case before your labor petition, my lawer says you cannot. He says :No matter when you start working for him, does not matter if you work 1 year before labor get filed. This is the labor certification law that you cannot claim your experience from present employer,. But that IIO might not aware or not enforce that in his writting. Its his fault, but you dont want to take chance.
 
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sahin...

I am not sure about what u said about experience.
But My attorney took the one year experience letter from my company for whom i worked on PT.i mean I joined the company on PT..worked for full one year then changed to H1. ANd then applied for GC. And the one year on PT he used as experience.

Sirisha...I got the first RFE for Original Documents
 
Re: Haibo

Hi,

What Sahin says is true. No matter when your LC is applied you cannot claim the experiance with present (GC sponsoring employer) employer, for the purpose of GC. My attorney also agrees with this point.

Regards,

Originally posted by Sahin
Even though INS mentioned that you can show any experience from the employer who is filing your case before your labor petition, my lawer says you cannot. He says :No matter when you start working for him, does not matter if you work 1 year before labor get filed. This is the labor certification law that you cannot claim your experience from present employer,. But that IIO might not aware or not enforce that in his writting. Its his fault, but you dont want to take chance.
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EAD approved - Cocurrent filing

My EAD approved today 11/19/02.

I-140 EB3/Illinois (Inter company Tranfer under the same corporation at same location, LC approved on one company and 140 applied and approved on another company name)
RD & ND 08/09/02
AD 11/08/02

I-485/EAD/AP
RD 09/11/02
ND 09/26/02

EAD AD 11/19/02
No FP Notice and AP approval Yet.

Thanks
rklpus
 
in ref to rklplus' post..
does it mean the AVM/Website gets updated in real time...cos he is saying EAD approved on 19th and its 19th today..?????
 
parshu

parshu,
The rule is you can not, even though you work on OPT for a long time. Your lawer did and he got around that as the way in INS world nothing in consistent. But according to LC application law you can not. This is the rule. There are lot of things can take place beyound the rule.
 
Sahin ,SAchdev...

Thanks..for the clarification.... just posted my experience buddy...

I should accept here that I do not know the Rule..

Regards
Parshu
 
Hi parshu,

Even I have not seen the rule myself. What I said was also based on my experiance and my attorney's openion. All of us may be wrong and a perticular IIO might accept the kind of experiance that you have mentioned. Nothing is immpossible with INS. It all depends on one's good/bad luck and how your attorney represents the case.

Take care buddy.

Originally posted by parshu
Sahin ,SAchdev...

Thanks..for the clarification.... just posted my experience buddy...

I should accept here that I do not know the Rule..

Regards
Parshu
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Hi Parshu,
Yes on line status updates several times a day, when i checked my 140 approval at 11 am it had old mesage when i checked at 2pm it said my case approved, even today 7 am it had old message for my EAD, when i checked at 8.20 am it changed to approved. i think on line status checks INS database directly for status un like AVM which updates once a day.

here is the FAQ from INS website
************
*How often is the case status information on this site updated?

The case status information on this site is updated regularly throughout the business day. If any action is taken regarding your case, the change will be reflected on this site within a few minutes of the action-taking place.
*******************

regarding Experience for LC my attorney did not consider even my 5 years experience in INDIA because it is difficult to convince INS about foreign job experience because experience letters differ in content and structure related to present job requirement and also he did not consider my 1 year experience with my present company as a consultant before i hired by company. he only took my one year experience in USA before my present employer.but he asked me to show all my experience details on my resume which submited with LC and I-140 and Bio sheet with my 485. i got my LC and I-140 approvals without any problems.

my attorney always says every thing should be uniform and consistant all the way from LC to I-485, he told me once "give only what we ask and leave what to do and how to do to us because that is our JOB"

Thanks
rklpus
 
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Hello M2002

As I told you that I have a RFE, the reason is that they want my original LC.

Initally I applied in EB2 (RD 1/30/02) and got denied (8/30/02) because my LC said MS or two years of experience. I had both MS in CS and also 2 years of experience, but they say its not EB2 case...so denied.

Then later 10/3/02 applied in EB3 and got RFE saying need original LC. My lawyer sent a letted explaining that the previous case contains the original LC.

So let see what happend

Anyone in the same state please respond.
 
Reach_Ins

Sorry to hear that. You know what lawer does not think ahead what you and I think.

Your lawer should have thought that application for I140 should include original LC (this is requirement), and if he would write a letter and clarify that this time you dont have this one as they way it has been attched to your previous one (EB2) what he did now after RFE, you could save one month.

The same thing for me, lot of things I think I should include, but my lawer says " No, no, lets see, if INS want we will provide them"
However they dont realize that attaching document ahead does not harm. Sometimes I really get disturebed by that.

Anyway, what to do? We have to bear with that.
 
Hi Reach_Ins,

Sorry to hear about your case.

My I-140 was also denied because LC requirement did not match with my qualification. I filed my case in EB2 category.

Later I have re-filed my I-140, EB3 in NSC.

It's almost a month since I filed my I-140.

Please write to me rakeshrao@hotmail.com

Hope it helps.

Good Luck !!
Thanks
Rakesh
 
Options

Rakesh,
I know your I 140 got denied and you reapplied, I got an rfe and i donot know
what will happen but if my i 140 is denied
what will be my case can i reapply my
I 140 as i applied in eb2, but they asked for company financial info , if they reject due to company financial info then can i still apply through the same company.
from I 140 stage.
Thanks
 
I-140 duration

Can any one tell me exactly how many days it will take to clear
I-140.

I am going to apply tomorrow(11/20/02) and I have M.S. degree from USA. Mine is EB3 RIR.

Thanks in advance, please reply me as soon as posible.
 
Re: Hello M2002

Hi Reach_Ins

sorry to hear that your first I140 got denaied. I am still waiting......

Good luck, & i am sure your I140 will get approved this time. Will update you guys when my stauts changes.

Regards

Originally posted by Reach_Ins
As I told you that I have a RFE, the reason is that they want my original LC.

Initally I applied in EB2 (RD 1/30/02) and got denied (8/30/02) because my LC said MS or two years of experience. I had both MS in CS and also 2 years of experience, but they say its not EB2 case...so denied.

Then later 10/3/02 applied in EB3 and got RFE saying need original LC. My lawyer sent a letted explaining that the previous case contains the original LC.

So let see what happend

Anyone in the same state please respond.
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Re: I-140 duration

There is no exact time frame. Guess!! around 60 days.

Originally posted by thk
Can any one tell me exactly how many days it will take to clear
I-140.

I am going to apply tomorrow(11/20/02) and I have M.S. degree from USA. Mine is EB3 RIR.

Thanks in advance, please reply me as soon as posible.
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I 485, place of last US entry.

Hi all,

I am on H1 status and I have been frequently visiting Canada for 2 to 3 weeks since last month and will continue to do so for two months more. Which means I will be visiting Canada before and after filling I 485.

I-485, part 3 has a question about "Place of Last Entry into the U.S."
Does it include short visit to Canada where no new I-94 is issued or last entry when I-94 was issued?

Let me know your opinion.

Thanks,

-Manmit
 
Re: I 485, place of last US entry.

Hi,

it is your last place of entry where your I94 card is issued.

Hope this helps.

Regards

Originally posted by manmit
Hi all,

I am on H1 status and I have been frequently visiting Canada for 2 to 3 weeks since last month and will continue to do so for two months more. Which means I will be visiting Canada before and after filling I 485.

I-485, part 3 has a question about "Place of Last Entry into the U.S."
Does it include short visit to Canada where no new I-94 is issued or last entry when I-94 was issued?

Let me know your opinion.

Thanks,

-Manmit
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New to this forum

Hi Everyone,

Recently my labor got cleared and iam in the process of gathering the info for concurrent filling.I got lot of info from this thread but still i have one question and i hope some one can help me regarding this query.

I applied 140 in Vermont center 21/2yrs back and left the company during 140 process and joined another company. With the new company iam going to file my 140 in Nebraska, but Lawyer wants to know whether i applied 140 with previous company or not if so she wants my case number and other details.
The problem with that is i can say yes but i don't have the casenumber and even if i try to find out my old company may not disclose that info.

Can i say No to my Lawyer, if so what impacts will have.

I really appreciate if some one can help regarding this matter.

Thanks in advance.
 
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