Gurus help???

P

patcha_card_03

Registered Users (C)
Is the following possible??? MY attorney did not give me a correct answer for this..

I had filed my 1st labor with the same company in Oct 2000 and eventually, after approval filed my I-140.
On educational and EB-2 issues (attorney shud have filed in EB-3, but filed in EB-2), that I-140 got rejected.
We had requested for a motions to re-open on that I-140.


Meanwhile, my company has started an virtual office in DE and applied my Labor in Oct'2002. This got approved sometime in Feb 2003 and I had filed my I-140 and I-485 with this Labor on 3/31/2003 (ND) under EB 3 category.

Rightnow, I am working on EAD.

Meantime my I-140 (with PD Oct 2000) got approved and still no one used this.

Due to retrogression of PD, I don't know when my I-485 would be approved.

1. Is it possible for me to substitute my I-140 and labor (PD Oct 2000) to my present I-485 ?

2. Would it be a problem with virtual offices ( I heard INS is investigating on these type of offices) ??

I would really appreciate for your help.

Thanks i nadvance Gurus....

Cheers
 
With that approved I140 file I148 before 2005 new year & Act Quick Good luck. As your I140 is approved you are not going to get into EB2/EB3 mess.
Continute working on any company and if RFE comes at 485 stage use AC21.
 
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??

MD_ROCKVILLE, do you mean I have to cancel my present I-485, iI-140 and then re-apply using I-485 (with approved labor from PD Oct 200)???

I have alrady crossed 6 years on H1-B amnd rightnow I am working on EAD.

Is this possible? Please be clear..

Cheers
 
patcha_card_03 said:
MD_ROCKVILLE, do you mean I have to cancel my present I-485, iI-140 and then re-apply using I-485 (with approved labor from PD Oct 200)??? I have alrady crossed 6 years on H1-B amnd rightnow I am working on EAD. Is this possible? Please be clear..
Cheers
Click to expand...
Your EAD is from first or second app ? Fact is that does not matter as GC is future job. No idea if you can have two 485 filed from same company. If I were you, I would drop second 485 ( only if that is required by law, ask your lawyer ) and file 485 with PD back in 2000. Do you have approved EAD from 1st I485 or you need to apply for that.

I wonder why not you kept H1B status !
 
EAD and AP are from 2nd app, as I did not took my 1 st app further after I-140 approval (after MTR).

If I drop my current I-485, I wud loose EAD, AP and in return I cannot work or stay legally, unless, I get another EAD AP.. right ????

Yeah.. I shud have kept my H1-B..

What d oyou suggest now?

Could also answer my 2nd question in my 1st posting please....
 
patcha_card_03 said:
Gurus, pls respond to my query...
Click to expand...
patcha,
You are entitled to the earlier priority date of Oct 2000, so you are in a good position. The problem is that that PD is not present on the new I-140 (which has its own PD). If you can convince them about using the old one, they'll adjudicate your I-485 quicker now because of the Jan 1st 2002 cutoff.
I'm in the same situation now. If I manage to convince them to use my old PD, I'll let you know.
 
unitednations said:
If you have two 140's approved. It is upto you to determine which priority date you want to use. You can use the priority date from the earlier 140 even though you have no intention working on that 140. All you or lawyer have to do is send in a letter to uscis asking them to transfer priority date.

With regards to the virtual office. I have mainly seen RFE's related to virtual office at the h-1b stage (provide pictures inside and outside), none at the 140 stage.

With regards to DOL, they are investigating but I believe they are probably focusing on pending labor certs.
Click to expand...
unitednations,
Do PERM regulations dictate where the alien will work after getting PR ? Will the ETA-750 forms get change ? Beleive it starts from early 2005.
It seems filing from slow or fast labor certification states donot matter as the processing would be strictly based on labor received dates on SESA for pending labors and received date at backlog reudction centers for the new cases.
 
EAD renewal help

I am planning to renew our EAD, which is expiring on 04/28/2005.

I had filed my I-485 at VSC and I am residing and working in California.

What is the address that I have to send our EAD applications ??

And currently, I am working on EAD (H1-b expired and did not apply for 7th year extension), what would I mention at COLUMN # 15 (Current Immigration Status) ???

Any help would be appreciated.

Cheers ,
 
Thanks MD_Rockville....

I never moved from CA. I was in CA, since my GC was filed.
And YES I do changed my address within CA and filed AR11..

Cheers
 
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