I140 approved, cannot apply I485. What's next?

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your_friend

Registered Users (C)
Hello Ladies and Gentlemen,

I am starting a newthread...My I140 approved and cannot apply for I485. Is there anything we can do mean while in the process? Can we apply for AC21? Or can we do somthing? Is there anything we can do?

Note: I know the standard answer for this is"fight retrogression by sending letters, faxes to senators etc"...I am member of such organizations and contributing my part to it. However this thread is for the people whos I140 approved and cannot move to next step. I am trying to explore possibility of taking advantage/s (if any) of any provisions in the process.

Any suggestions will be greatly appreciated.

Thanks.
 
I am on the same boat with you. My case is evern worse, my husband has used his 6 year h1 limit, so he can't work anymore. Although my I140 is approved, I can't file EAD card for him. I am also on EB3 with a priority date of August 2003. Who knows how long I have to wait? :mad:
 
People with PDs in 2003 EB3 can forget about their GCs for 2-3 years minimum.
My PD is Feb 2002 and I am not thinking about GC for atleast 1 year. :)
 
I want to know 2!

I am in EB3, PD is Apr, 2003. LC and 140 approved.
Waiting for filing 485. :mad: :mad: :mad:

I am thinking file another EB2 Perm through same employer or diff employer.
 
I am wondering when will I get GC

goes said:
I am in EB3, PD is Apr, 2003. LC and 140 approved.
Waiting for filing 485. :mad: :mad: :mad:

I am thinking file another EB2 Perm through same employer or diff employer.
Click to expand...

My priority date is July 2001. So near yet so far :mad: I think mine will take atleast an year with this current phase of EB3 movement. I do not want to discourage others who are in 2002 onwards.

Thanks
 
Hi, unfortunately I don't think you can do much with I-140 if you dates are not current for you.

While I can't change jobs as I wish, I am working to get financial aid to continue my masters degree. I guess that's the only thing we can do. Apparenly wife paroled also should be able to get US federal financial aid.

nlssubbu said:
My priority date is July 2001. So near yet so far :mad: I think mine will take atleast an year with this current phase of EB3 movement. I do not want to discourage others who are in 2002 onwards.

Thanks
Click to expand...
 
RAYDHAN said:
Has anyone tried converting from EB3 to EB2 after their I-140 approval?
Click to expand...
Can we really do that??? :confused:

I don't think we can do that easily. I guess we have to re-apply labor with EB2 (ofcourse-priority date can be retained) and then I140. I don't know if there is any easy way out there...

Any inputs or suggestions greatly appreciated.
 
your_friend said:
Can we really do that??? :confused:

I don't think we can do that easily. I guess we have to re-apply labor with EB2 (ofcourse-priority date can be retained) and then I140. I don't know if there is any easy way out there...

Any inputs or suggestions greatly appreciated.
Click to expand...

There are 2 options

1)You can file 140 under Eb3 and Eb2 even your case is EB3.But you will be lucky some time your 140 Eb2 may get approved and if is denied at the most you will lose the 140 form fees.But the chances of getting approval is very slim
2)second option is file EB2 case under perm and once it gets approved,file the 140,485 using Eb3 PD provided PD are current for that country.It will be good if can be applied thru another company
 
Possible

your_friend said:
Can we really do that??? :confused:

I don't think we can do that easily. I guess we have to re-apply labor with EB2 (ofcourse-priority date can be retained) and then I140. I don't know if there is any easy way out there...

Any inputs or suggestions greatly appreciated.
Click to expand...

I checked with my attorney today. EB3 to EB2 is doable. Same employer but higher position. There are chances of an audit though. The company should be able to justify higher position, degree and experience requirements, and the applicant should be paid prevalent salary for the higher position.
 
RAYDHAN said:
I checked with my attorney today. EB3 to EB2 is doable. Same employer but higher position. There are chances of an audit though. The company should be able to justify higher position, degree and experience requirements, and the applicant should be paid prevalent salary for the higher position.
Click to expand...
Raydhan...are you planning to apply for EB2? pleaselet us know.
 
RAYDHAN said:
I checked with my attorney today. EB3 to EB2 is doable. Same employer but higher position. There are chances of an audit though. The company should be able to justify higher position, degree and experience requirements, and the applicant should be paid prevalent salary for the higher position.
Click to expand...
Higher position does not help. EB2 and EB3 are determined based on experience and education.

Here EB2


(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.


Here EB3

(3) Skilled workers, professionals, and other workers.-


(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):


(i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.


(ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.


(iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
 
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better way.

applying eB2 for most eB3's might be difficult ... due to the requirements for filing eb2.. the best bet will be to take a pre-approved eB3 dated earlier than 2001.. or U can get some yet to be approved labor from BEC.. ... and Bang U will get the GC quicker than ever ..
 
preapproved GC

What is preapproved labor?

is it:

Somebody applied for labor and left the job? or
somebody applied waited until loss of patience and left now the date becomes current?

Isnt that totally unfair and abuse of the system.......

We talk about being fair and whats right ...... yet there are some waiting to jump the system. :mad:
 
If your spouse is not born in Retrogressed country, you can try option of Country crosschangeability. Please check with your attorney.



your_friend said:
Hello Ladies and Gentlemen,

I am starting a newthread...My I140 approved and cannot apply for I485. Is there anything we can do mean while in the process? Can we apply for AC21? Or can we do somthing? Is there anything we can do?

Note: I know the standard answer for this is"fight retrogression by sending letters, faxes to senators etc"...I am member of such organizations and contributing my part to it. However this thread is for the people whos I140 approved and cannot move to next step. I am trying to explore possibility of taking advantage/s (if any) of any provisions in the process.

Any suggestions will be greatly appreciated.

Thanks.
Click to expand...
 
mydearcard said:
If your spouse is not born in Retrogressed country, you can try option of Country crosschangeability. Please check with your attorney.
Click to expand...
mydearcard, thanks for the suggestion...but no luck here too...my wife also from India.
 
docmd said:
What is preapproved labor?
is it:
Somebody applied for labor and left the job? or
somebody applied waited until loss of patience and left now the date becomes current?
Isnt that totally unfair and abuse of the system.......
We talk about being fair and whats right ...... yet there are some waiting to jump the system. :mad:
Click to expand...

There is no official count, as how many find a faster way thru using pre-Approved labor. But using a small sample of desi companies around ... the rate seems alarming....
No ... the person need not leave the job or abandon ones petition .. companies are appplying the same labor to multiple persons and there are some guys who are holding on to multiple labors too.. So the relationship can be best described as MANY to MANY.
Recently there are some steps taken to BAN the use of pre-Approved labor ... Lets hope that ends this Money Machine... 2001 EB3 was fetching as much as 25K in recent past.
 
In order to qualify for EB2, you either have to have a Masters degree or Bachelors degree and 5 year of experience. Of course the job requirement also has to be same.

Does anyone know for sure whether the 5 year experience (if you only have Bachelors) absolutely has to be post degree or you can also use your other experiences like internships to make up for that 5 year experience? I only have about 4 1/2 years of post degree experience but plenty of internship experiences but my lawyer said that the experience has to be post-degree.

Any comments will be appreciated.
 
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