Financial Info - Candidate

naanshi said:
GC_Gone_Case,
Any Latest Updates???

naanshi
Nope.

Last LUD change on 7/28.

I donot know what are these guys doing. They wokred on my case from 6/23 till 7/1. Then again 7/27 and 7/28. If they have to deny the case, why are they taking so much time?

I am unable to take my next steps unless I get the outcome of pending 140, although I know probability of getting approval is very remote.
 
GC_Gone_Case,

Did you attorney receive any letter from USCIS this week? Can you find out?

naanshi.
 
naanshi said:
GC_Gone_Case,

Did you attorney receive any letter from USCIS this week? Can you find out?

naanshi.
Hi naanshi,

Not yet. Any specific reason for asking? Do you expect attorney to get any letter without change in status online?

FYI, no LUD change after 7/28.
 
hi GC_GoneCase

yours is a very intresting case..i am also waiting to hear something about ur 140, for your info...man it becomes really a big relief after 140 approval...
i am fresh still fresh to this...coz got 140 approved few days back......

ok one more thing guys today i called 800 number and they transfered me to VSC....so it is possible to talk directly to officer(in some cases)....
i wanted to inquire about EAD of my wife..
 
naanshi said:
GC_Gone_Case,
No response from USCIS yet? Any change in the LUD?

naanshi
Hi naanshi,

No LUD change after 7/28. No response by email or postal mail.
What do you feel these guys are upto? Why were they updating the case so many times if they did not want to change the status?
Thanks.
 
GC_GoneCase said:
Hi naanshi,

No LUD change after 7/28. No response by email or postal mail.
What do you feel these guys are upto? Why were they updating the case so many times if they did not want to change the status?
Thanks.

GC_GoneCase,

I don't have any answer for your questions. It is really very confusing. If they want to deny your case, why to waste this much time in your case. Or if they want to approve, why they take this much time to approve?

Wait for 15 more days and I guess some thing will come up.


naanshi.
 
for United nations

Friend,

I have been reading most of your threads, where you have provided an outstanding guidance on different issues.

I just read your attachment on I140 status while changing jobs. I have few Qs:

1) where did you get this info. from?
2) when is the CIS likely to officially publish that I140 status (after I485 is pending for 180+ days) will NOT matter to change jobs?

if it is true, then we have a "blessing in disguise". This new, if true, will change the fortune of me and many more like me...
pl. confirm, thanks!
 
unitednations said:
naanshi, I've been waiting to see your approval. I guess no luck yet.

I'm attaching a pdf that has minutes of the board of directors for aila and uscis. It seems they clarified the changing employers before 140 approval. It would be allowed.

Below is my interpretation:

Since they say the 485 ports to new employer and ability to pay has to be met right to priority date then one could conclude that the new employer is the one who has to meet ability to pay.

Could be good news for you.


It will be really a good news if it comes into effect. It will liberate a lot of I-140 folks. Look at what EB-2 people have had: most of us have waited bitterly for LC approval due to the 245(i), 2 to 3 three years! Now VSC stops EB-2 on Nov 20th, and likely for FO procedure. Another 2 years? I do not know if I can survive that. With the "portable I-140", at least we can change employer. Let's prey for that.
Thank you, unitednations.
 
unitednations said:
naanshi, I've been waiting to see your approval. I guess no luck yet.

I'm attaching a pdf that has minutes of the board of directors for aila and uscis. It seems they clarified the changing employers before 140 approval. It would be allowed.

Below is my interpretation:

Since they say the 485 ports to new employer and ability to pay has to be met right to priority date then one could conclude that the new employer is the one who has to meet ability to pay.

Could be good news for you.

Thanks Buddy. Nothing Yet....

If this is true, then I will be MOST luckiest person.

1. I changed employer without I-140 approval and informed USCIS regarding the job change.

2. After sending reply to RFE , according to my attorney, I have more chance for denial, than approval.

Let me see what happens.


naanshi.
 
Last edited by a moderator:
Hi unitednations,

Even if USCIS does not come out with the new law, it would be good as long as they clear the cases where 140 / 485 have been pending for more than 180 days.

I am a test case. My 140 was withdrawn in March this year, almost 240 days after 140/485 with 140 pending for approval.

I had sent a letter for AC21 immediately after that.

My case has been updated more than 10 times in June / July without change in status most of time.

The case is still open. This new law, if it happens, would at least provide a ground to appeal in case of denial.

I think even now, USCIS is not clear on 180 days as otherwise they would have denied my case months back, whereas it is still open and I have got my 7th year extension last month on basis of pending 140.

My earlier employer and other similar employers would cry for sure, if this becomes a law.

Way to go.

unitednations said:
http://www.jenkens.com/jenkens/practicearea.asp?practice=immigration
http://www.jenkens.com/jenkens/jenkensarticleview.asp?articleid=580

This would definitely be good news. I don't know when uscis will provide official guidance. However, naanshi has been a big supporter in the past regarding what the laws actually say.

Big part of this is if the ability to pay issue also transfers to new employer. If 140 had to be approved then it meant that 140 employer would have to meet ability to pay first before ac21 could be used. However, if everything is portable to the new employer then it would help greatly on this issue.

It makes me a little skeptical of uscis intention. I have a feeling their not going to come out with anything official until they determine that they can process applications within six months.
 
GC_GoneCase said:
Hi unitednations,

Even if USCIS does not come out with the new law, it would be good as long as they clear the cases where 140 / 485 have been pending for more than 180 days.

I am a test case. My 140 was withdrawn in March this year, almost 240 days after 140/485 with 140 pending for approval.

I had sent a letter for AC21 immediately after that.

GC_Gonecase,

I don't think your case is a Test case. Till 240 days, your I-140/I-485 were pending. After that only your I-140 was withdrawn. So You crossed 180 days and still covered by AC21. May be that is the reason why USCIS doing all kind of R&D with your case till now.

If this new memo comes, you are going to get approved without any doubt, buddy. Believe me.

(my case is almost same as you, except my previous employer replied to RFE, not withdrew the case)

naanshi.
 
If that comes to law , even though I-140 is not approved and portable !!!! That means new employer has to file I -140 again ???
 
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