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I-140 question
- Thread starter Neil B.
- Start date
curiousGeorge
Registered Users (C)
No the PD is when the LC was filed. Also, which employment based preference are you in? What country were you born in?
TheRealCanadian
Volunteer Moderator
Neil B. said:Will check with employer when LC was filed as it was long ago.
TN status under Engineering. Citizenship is Canadian. Does this help any ?
Is the I-140 being filed as EB2 or EB3? Did the LC require a Masters' degree (or Bachelors' + 5 years experience) or just a Bachelors degree?
I-140
Obtained TN as Engineering Technician operating under the guidance of an Engineer. 2 yr diploma and minimum 2 yrs experience.
Have 15 yrs experience as Engineering Technician and have had 7 TN's to date.
How I-140 application was filed don't know, would have to ask employer again..
Does this info help any?
Obtained TN as Engineering Technician operating under the guidance of an Engineer. 2 yr diploma and minimum 2 yrs experience.
Have 15 yrs experience as Engineering Technician and have had 7 TN's to date.
How I-140 application was filed don't know, would have to ask employer again..
Does this info help any?
First of all, you should know following things,
1) priority date - which you got it
2) what is your birth country.(not present citizenship).
if it is Canada, you r safe, dont worry about remaining steps
3) category - EB2 or EB3
if it is EB2 and ur birth country is India- current PD for processing is Jan, 2003(you have to wait until ur PD)
(Other than India, ur fine - u can apply immediately)
if it is EB3 - current PD is Apr, 2001(same you have to until ur PD).
(other than India, China, Mexico and Philippines - ur fine, u can apply immediately)
Hope this helps.
1) priority date - which you got it
2) what is your birth country.(not present citizenship).
if it is Canada, you r safe, dont worry about remaining steps
3) category - EB2 or EB3
if it is EB2 and ur birth country is India- current PD for processing is Jan, 2003(you have to wait until ur PD)
(Other than India, ur fine - u can apply immediately)
if it is EB3 - current PD is Apr, 2001(same you have to until ur PD).
(other than India, China, Mexico and Philippines - ur fine, u can apply immediately)
Hope this helps.
Last edited by a moderator:
TheRealCanadian
Volunteer Moderator
madhubala said:if it is Canada, you r safe, dont worry about remaining steps
He still has to worry about the priority dates. Based on what I've read, he is EB3 with a priority date of April 12, 2004. Even if he's Canadian-born, the PD is October 2001 and will remain there at least until October, so there's probably several months at least until an I-485 can be filed.
Immigration blues
Place of birth is Canada.
So, if one has to wait for a number to become available (I must say the red-tape is out of this world) before filing I-485, this could take several months to happen.
Meanwhile, one's TN status expires and one has to obtain new one with approved I-140 threatening to terminate the whole process due to immigrant intent.
It would be nice to file I-485 and EAD and obtain EAD before TN expires in five months. This is apparently not the case if one has to wait for a " number ", therefore forcing one to take their chances at the border attempting to obtain new TN, or do the mail-in I -129 for all the family (28 pages of application or more and $1000 fees).
But I'm not bitter...
Thanks guys.
Place of birth is Canada.
So, if one has to wait for a number to become available (I must say the red-tape is out of this world) before filing I-485, this could take several months to happen.
Meanwhile, one's TN status expires and one has to obtain new one with approved I-140 threatening to terminate the whole process due to immigrant intent.
It would be nice to file I-485 and EAD and obtain EAD before TN expires in five months. This is apparently not the case if one has to wait for a " number ", therefore forcing one to take their chances at the border attempting to obtain new TN, or do the mail-in I -129 for all the family (28 pages of application or more and $1000 fees).
But I'm not bitter...
Thanks guys.
bzuccaro said:The approved I-140 may be problematic for a renewal, but should not by itself be a ground for denial of your TN renewal.
Yes, I believe so. My I-140 is approved in the past and after that, this is my 3rd TN.
TheRealCanadian
Volunteer Moderator
bigboy00 said:Yes, I believe so. My I-140 is approved in the past and after that, this is my 3rd TN.
Doesn't matter. NSC in the past was instructed that an approved I-140 alone is not sufficient grounds to deny a TN renewal. I know someone who was retrogressed and got two TNs renewed waiting for his consular appointment.
At the border, YMMV.
the dreaded supplement " A "
Thank guys, I feel a little better about the whole thing.
Say, does anyone know what this I-485 Supplement A application thing is all about. I have read the application carefully several times and do not understand if it applies to my situation. After all, it is apparently a $1000 penalty of some kind....
Thank guys, I feel a little better about the whole thing.
Say, does anyone know what this I-485 Supplement A application thing is all about. I have read the application carefully several times and do not understand if it applies to my situation. After all, it is apparently a $1000 penalty of some kind....
curiousGeorge
Registered Users (C)
Neil B. said:therefore forcing one to take their chances at the border attempting to obtain new TN, or do the mail-in I -129 for all the family (28 pages of application or more and $1000 fees).
Don't do it at the border! Your chances of problems are much much higher!! CBP (ie the border guys) do not work for USCIS. The policy we're all talking about is from NSC, who happens to be employed by USCIS. Doing a mail-in TN renewal at VSC has a significantly greater chance of approval, since VSC is employed by USCIS.
Do it by mail. Suck it up about the fee, and you'll have an almost guaranteed chance of success.
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TheRealCanadian
Volunteer Moderator
Neil B. said:Say, does anyone know what this I-485 Supplement A application thing is all about. I have read the application carefully several times and do not understand if it applies to my situation. After all, it is apparently a $1000 penalty of some kind....
It was required for 245i cases. You do not qualify for 245i, nor do you need it.
supplemental comment
Thanks RealCanadian !!
I could not figure why we should be penalized a $1000 penalty. Quite a relief to think this additional cost is not necessary.
An additional form I am reviewing in addition to the EAD is the Form G-325A which is for Biographic Information (fingerprints).
Why the heck are there 4 identical forms? Do they go to 4 different offices or the like ??
Thanks RealCanadian !!
I could not figure why we should be penalized a $1000 penalty. Quite a relief to think this additional cost is not necessary.
An additional form I am reviewing in addition to the EAD is the Form G-325A which is for Biographic Information (fingerprints).
Why the heck are there 4 identical forms? Do they go to 4 different offices or the like ??
priority date blues
bzuccaro said:As indicated in the previous posts, your priority date is based on the date your LC was submitted - April 12, 2004. Based on this, an immigrant visa number would not be available to you - if indeed you are under this Third Preference. You would not be able to apply for adjustment of status at this point. You would have to wait until the category lists April 13, 2004 before you can file for AOS.
Mr. Bzuccaro,
Your assumptions are all correct in the enclosed quote of yours. Since I require a category list April 13, 2004 as you state, how long can one expect this to take?
Someone must be able to gauge how these things progress if they have any consistency at all. Should I expect to sit on my I-485 application til year end, or do the categories progress rapidly??
Thank you for your informative comments.
Neil B.
TheRealCanadian
Volunteer Moderator
Neil B. said:An additional form I am reviewing in addition to the EAD is the Form G-325A which is for Biographic Information (fingerprints). Why the heck are there 4 identical forms? Do they go to 4 different offices or the like ??
Yes, I believe the 4 different copies are routed into different areas.
Someone must be able to gauge how these things progress if they have any consistency at all. Should I expect to sit on my I-485 application til year end, or do the categories progress rapidly??
I hate to be the bearer of bad news, but if your priority date becomes current by the end of 2006 (or even in 12 months from now) it will be a minor miracle.