GINNU , UN and Gurus please answer

B

babyluck

Registered Users (C)
Hi,

I have few questions regarding 140 and Ac21.
First and most important however stupid and overprotective it may sound, but yes it is quite a concernat the moment.
My 140 seems to show as approved on USCIS website, but lawyer is prolonging to reply on this just tos ay "yes it is approved and we got the approval"
I know they will not give me approval copy, but apart from that is there a alternative way to find out if 140 is really approved and information on USCIS website is 100% correct. Can I can myself call NSC number given to confirm the approval, or else local contact ASC centre to know about 140 approval ??

2. To get 3 years extension aftr 6 years completed on H1B, condition is 140 needs to be approved and priority date not currect, I certainly qualify for this. But do we need 140 approval document to prove 140 approval or alien/EAC number would suffice the need.

3. My wife (secondary) plans to use to EAD, and in case on using EAD she gets a employer who can file her H1.
Does she have to file change of status and get out of USA get h1 stamped and return on h1? or there is some diff process.
Like file change of status, and on getting approval she can start working etc ?

4. Is it true that Eb3 proriy date can be ported to Eb2. provided 140 is approved for Eb3 case.
Does that mean while filling for Eb2 labor itself we will get Eb3 priority date assigned to it.

5. Also any new updates upon retainign priority date after invoking Ac21 and 140 getting revoked.

Please please reply with your input.

thanks
 
babyluck said:
Hi,

I have few questions regarding 140 and Ac21.
First and most important however stupid and overprotective it may sound, but yes it is quite a concernat the moment.
My 140 seems to show as approved on USCIS website, but lawyer is prolonging to reply on this just tos ay "yes it is approved and we got the approval"

------------I-140 belongs to employer and company lawyer may not give you info, better ask your employer
I know they will not give me approval copy, but apart from that is there a alternative way to find out if 140 is really approved and
information on USCIS website is 100% correct.
--------- it is not always 100% correct
Can I can myself call NSC number given to confirm the approval,
-do you mean NCSC 1-800, I dont think they will give info to you, but nothing wrong in trying
or else local contact ASC centre to know about 140 approval ??
-------------ASC ???
2. To get 3 years extension aftr 6 years completed on H1B, condition is 140 needs to be approved and priority date not currect, I certainly qualify for this. But do we need 140 approval document to prove 140 approval or alien/EAC number would suffice the need.
-------------- if I-140 approved take the print out from USCIS online case status, one can get 3 years H1 extension approved if I-140 approved and due to Retrogession one cant file I-485, if I-485 is filed then only 1 year H1 Ext at a time. for extension based on I-140 approval employer need to attach evidence of I-140 approval
3. My wife (secondary) plans to use to EAD, and in case on using EAD she gets a employer who can file her H1.
------------ if she wants to be on H1 better not to use EAD and she need to file H4 to H1 COS and she will get I-94 attached with H1 approval and can start working on H1, once she goes out she needs to get H1 visa stamp

Does she have to file change of status and get out of USA get h1 stamped and return on h1? or there is some diff process.
Like file change of status, and on getting approval she can start working etc ?

4. Is it true that Eb3 proriy date can be ported to Eb2. provided 140 is approved for Eb3 case.
------------YES, if I-140 in EB3 is approved and not revoked
Does that mean while filling for Eb2 labor itself we will get Eb3 priority date assigned to it.
------------ lawyer need to write at the time of filing second I-140, may attach past approved I-140 copy
5. Also any new updates upon retainign priority date after invoking Ac21 and 140 getting revoked.
------------- if one invoke AC21 and employer revokes I-140 after I-485 hits 180 days then you dont loose the PD
Please please reply with your input.

thanks
Click to expand...
 
GINNU

Thankyou very much for your reply.
Actually I don't know if it is called as ASC or anything else but is there not a local INS centre where we can get INFOPAss appointment. can I do that and get jsut verbal confirmation that yes it is approved ?

To port priority would they not require original 140 approval or prinoutout on USCIS website woudld suffice ? Also when does porting of priority date take place while filling Eb2 labor, or while filling 140 (Eb2). I understood the original 140 needs to be active while porting. But I will not be having the approval copy with me . Please advise.

Is it true, if I file for FOIA (to get documents copy), do they send the entire file to that department and 485 process get prolonged due to that ?

Please advise..

thanks


Now about porting Eb3 priority date to b2 using approved 140 (of Eb3),
 
babyluck said:
GINNU

Thankyou very much for your reply.
Actually I don't know if it is called as ASC
----------ASC is where you go for fingerprints
or anything else but is there not a local INS centre where we can get INFOPAss appointment.
---------- you go to local USCIS office with infopass
can I do that and get jsut verbal confirmation that yes it is approved ?
------------ I dont think they will let you know as I-140 is filed by employer
To port priority would they not require original 140 approval or prinoutout on USCIS website woudld suffice ?
--------- print out may work or may not work becase online status has not your PD written on it. I-140 approval copy is the evidence
Also when does porting of priority date take place while filling Eb2 labor, or while filling 140 (Eb2).
---------filing second I-140(lawyer need to write on cover letter and need to attach the evidence)
I understood the original 140 needs to be active while porting. But I will not be having the approval copy with me . Please advise.
------------------try FOIA or talk to your lawyer for more info read below:
PEARSON MEMO
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf

Is it true, if I file for FOIA (to get documents copy), do they send the entire file to that department and 485 process get prolonged due to that ?

Please advise..

thanks


Now about porting Eb3 priority date to b2 using approved 140 (of Eb3),
Click to expand...
 
thanks GINNU.

With respect to new Yates memo as published on immigration-law.com.
Does that put the specualtion of priority date retention to rest.
Now with new memo, does it mean that if 140 is revoked afetr invoking AC21 we lose the priorty date ?
If yes then how those applications will be approved based on what date and ofcourse in whihc category bcoz if we losed prority date then we even lost the filling category.
What do you think ?

please advise..

thanks,
 
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