do i need to submit my labor certificate and I-140 approval notice when I apply family based gc?

A

appleppp

Registered Users (C)
I am on H1B. I applied for EB-2 employment based greencard in 2009, and got labor certificate and I-140 approval, but have not submitted I-485 because the priority date is not current.

I just married to a US citizen and start to apply family-based gc. When I submit I-130 , I-485 and other relevant packages concurrently, do I need to provide my labor certificate and I-140 approval under EB-2? Or only provide the H1B I797A approval notice? I assume that EB-2 employment based application has no relation with family based gc. Am I right?

Thanks for your time and help.
 
You just use the same A# that was already assigned, if any, and they will put everything together. If you have no A# yet include copies of the I-140 approval or at least provide the number. There may be documents in that other file that support your current application, birth cert and whatever that you won't have to obtain again from abroad. Also, you don't want to have multiple files created that might someday cause a delay or problem.
 
Thanks for your reply. I have one more confusion. I have assigned A# on my h1b 797A notice and also have a different A# on my I140 approval notice. Which A# should I use when I fill out I130 ,693 etc.?
 
Use the A# from your I-140, since that is from an immigrant petition, not an nonimmigrant H1B process.
 
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appleppp said:
Thanks for your reply. I have one more confusion. I have assigned A# on my h1b 797A notice and also have a different A# on my I140 approval notice. Which A# should I use when I fill out I130 ,693 etc.?
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Show them everything you have so they can consolidate your files into ONE. You don't want to be in the position where they discover another file during naturalization and slow things at that point, get it over with now. Leave it blank on the form and use a BIG COVERSHEET listing BOTH A#'s and let them decide.

From just ONE USCIS manual: AFFIRMATIVE ASYLUM PROCEDURES MANUAL, NOVEMBER 2007 (REVISED JULY 2010) (there are more):

Consolidating Multiple A-files

"If at least two A-files exist for one applicant, USCIS consolidates the A-files. Local Asylum Office policy dictates who is responsible for file consolidation. Prior to consolidating the A-files, a thorough review must be made to clearly establish that they refer to the same person. Any doubt should be resolved in favor of not consolidating the A-files.

When file consolidation results in a new primary A-number different than the RAPS records, Asylum Office personnel follow instructions in the next section to reflect the consolidation in RAPS. After consolidating A-files, the individual who performed the file consolidations sends the applicant the Notice of File Consolidation letter (Appendix 21)."

See also: http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_cis.pdf Privacy Impact Assessment, USCIS, CIS

The A-File and CIS contain information obtained from the following types of individuals:

• Individuals who have a valid immigrant status
• Individuals applying for immigration benefits
• Individuals who break immigration laws or who are suspected of breaking immigration laws
• Individuals who have derived or acquired citizenship
• Individuals who have relinquished their citizenship
• Asylees and refugees
 
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Thanks, BigJoe5.

After consolidation of A files, will I lose the chance of continuing my application under EB2 in the future?

The petitioner of I-140 approval notice is my current employer, and the A# on I-140 is associated with that petition. I have not filed I-485 under this petition yet, 3 years waiting line.


Should I use the A# on H1B approval when filling out I-130 etc because I used H1B visa to enter US last time?

Thanks again.
 
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appleppp said:
Thanks, BigJoe5.

After consolidation of A files, will I lose the chance of continuing my application under EB2 in the future?

The petitioner of I-140 approval notice is my current employer, and the A# on I-140 is associated with that petition. I have not filed I-485 under this petition yet, 3 years waiting line.


Should I use the A# on H1B approval when filling out I-130 etc because I used H1B visa to enter US last time?

Thanks again.
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Why would you need to pursue the EB greencard if you have a quicker Family-Based (spousal) greencard available? It does not make sense to me.

It is odd that an A# would be associated with a U.S. Employer. Is the employer a sole proprieter who happens to be a greencard holder? Is the business viable? Is the petitioner a relative? (That would require an I-864 from the employer-relative.)

http://caselaw.findlaw.com/us-7th-circuit/1340216.html EXAMPLE: A small company that could not pay the offered wage.

8 CFR § 204.5 Petitions for employment-based immigrants.

(c) Filing petition. Any United States employer desiring and intending to employ an alien may file a petition for classification of the alien under section 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3) of the Act. An alien, or any person in the alien's behalf, may file a petition for classification under section 203(b)(1)(A) or 203(b)(4) of the Act (as it relates to special immigrants under section 101(a)(27)(C) of the Act).

FROM: http://www.greencardapply.com/h1b/h1b_faq.htm

Q: What is the definition of United States Employer, to hire H-1B workers?

A: The employer is the official petitioner of the H-1B, and must be a "United States Employer" or its agent. The definition of a U.S. employer is a "person, firm, corporation, contractor, or other association, or organization" in the U.S. The employer must also

1) seeks the service of the person as specified in the petition process,

2) has or will have an employer-employee relationship with the person, and [SEE: http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B Employer-Employee Memo010810.pdf ]

3) has a U.S. Internal Revenue Service tax identification number.

A foreign entity may file a petition to employ an H-1B worker in the U.S., if it has a U.S. "branch office" and has the requisite tax identification number.

ALSO:

According to 26 USCS § 3121 [Title 26. Internal Revenue Code; Subtitle C. Employment Taxes And Collection Of Income Tax; Chapter 21. Federal insurance contributions act; Subchapter C. General Provisions],

the term "American employer" means an employer which is--

(1) the United States or any instrumentality thereof,

(2) an individual who is a resident of the United States,

(3) a partnership, if two-thirds or more of the partners are residents of the United States,

(4) a trust, if all of the trustees are residents of the United States, or

(5) a corporation organized under the laws of the United States or of any State.
 
BigJoe5 said:
It is odd that an A# would be associated with a U.S. Employer.
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Who says it's associated with the employer? If the A# is in the beneficiary box on the I-140 approval, that means the A# is associated with the employee (appleppp).

Appleppp, where do you see the A# on the I-140 approval?
 
I saw my A# in the beneficiary box (my name). I thought different petitions will assign me different A#. I maybe wrong.

Have anyone applied both EB gc and FB gc? Did they get different A# on I-140 under EB and I-485 under FB? OR A# should be the same for the same applicant no matter under EB or FB?

Thanks again. Any input will be appreciated.
 
appleppp said:
I saw my A# in the beneficiary box (my name). I thought different petitions will assign me different A#. I maybe wrong.

Have anyone applied both EB gc and FB gc? Did they get different A# on I-140 under EB and I-485 under FB? OR A# should be the same for the same applicant no matter under EB or FB?

Thanks again. Any input will be appreciated.
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One person is only supposed to have one A#. If you have more than one, indicate them all and let USCIS consolidate them into a single file. They decide which one to keep. Don't try to play some stupid game about it. You will only cause problems for yourself in the future through delays or accusations of attempted fraud.
 
Finally, I figured out that A# is just like SSN, one person should have one A# in USCIS. The A# on my H1b 797A notice is the A# on my F1 OPT/EAD card, which should not be used in I-485 form.
Sometimes, USCIS will assign an A# on I-140, and a different A# on I-485. Only the A# on I-485 notice is the final one. The only thing that someone should worry is to see I-485/I-131/I-765 have different A#. This may cause problems.
 
appleppp said:
Finally, I figured out that A# is just like SSN, one person should have one A# in USCIS. The A# on my H1b 797A notice is the A# on my F1 OPT/EAD card, which should not be used in I-485 form.
Sometimes, USCIS will assign an A# on I-140, and a different A# on I-485. Only the A# on I-485 notice is the final one. The only thing that someone should worry is to see I-485/I-131/I-765 have different A#. This may cause problems.
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You do not know which one should be used for the I-485. Leave it blank and tell them about both A#'s. Let USCIS decide which A# will be the survivor and which will be consolidated into it. They have particular procedures to determine which will be the primary and which will be subordinate.
 
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