New York SESA Tracker

Status
Not open for further replies.
VOYAGER_99 said:
Does anybody think that you can file Perm and when you get the approval for filing the 140 and 485 , you can use the former old labor application priority date? If it is ok that would be great :confused: :p :mad:
Click to expand...


Old LC -> Refile using old PD -> PERM -> I-140/I-485 can use old PD
Old LC -> Refile using old PD but lose PD -> PERM -> I-140/I-485 need to use new PD
Dump old LC -> PERM -> I-140/I-485 need to use new PD
 
JustWatching said:
Old LC -> Refile using old PD -> PERM -> I-140/I-485 can use old PD
Old LC -> Refile using old PD but lose PD -> PERM -> I-140/I-485 need to use new PD
Dump old LC -> PERM -> I-140/I-485 need to use new PD
Click to expand...


So,
Old LC -> Refile using old PD -> PERM -> I-140/I-485 can use old PD in that option,
if I find a new company to file perm and get approoved, I can use my old priority date is that correct?
Thanks for answer Just Watching
 
JustWatching said:
Old LC -> Refile using old PD -> PERM -> I-140/I-485 can use old PD
Old LC -> Refile using old PD but lose PD -> PERM -> I-140/I-485 need to use new PD
Dump old LC -> PERM -> I-140/I-485 need to use new PD
Click to expand...

How is this possible?
Old LC -> Refile using old PD but lose PD ?? -> PERM -> I-140/I-485 need to use new PD
 
VOYAGER_99 said:
So,
Old LC -> Refile using old PD -> PERM -> I-140/I-485 can use old PD in that option,
if I find a new company to file perm and get approoved, I can use my old priority date is that correct?
Thanks for answer Just Watching
Click to expand...


No. Refile is for identical application which means same employer.
 
ItsTough said:
How is this possible?
Old LC -> Refile using old PD but lose PD ?? -> PERM -> I-140/I-485 need to use new PD
Click to expand...

If you withdraw your existing LC and refile under PERM using your old PD and the PERM application is denied you can basically say goodbye to your original PD.
 
I did not get it

:confused: :rolleyes:
Lets say : I am actually working for the same employer w/ my old case
If I am applying to PERM w/the the same employer and refiling labor application w/ perm using old PD.?

1- if perm approved , old PD to file 485 140?
2- if perm denied what is gonna happen? new PD to file 485 140????
 
VOYAGER_99 said:
:confused: :rolleyes:
Lets say : I am actually working for the same employer w/ my old case
If I am applying to PERM w/the the same employer and refiling labor application w/ perm using old PD.?

1- if perm approved , old PD to file 485 140?
2- if perm denied what is gonna happen? new PD to file 485 140????
Click to expand...

Sorry. That's what I get for typing one liner answers.

Under scenario 1 - if you have refiled with old PD under PERM in an identical application (as defined by DOL) then you would use old PD for I-140/i_485.

Under scenario 2 - You lose your original PD. You would now have to file a new PERM application since the original LC was withdrawn and the original PERM was denied. The new PERM application would have a new PD and assuming that one got approved you would file I-140/I-485 with your new PD.
 
JustWatching said:
Sorry. That's what I get for typing one liner answers.

Under scenario 1 - if you have refiled with old PD under PERM in an identical application (as defined by DOL) then you would use old PD for I-140/i_485.

Under scenario 2 - You lose your original PD. You would now have to file a new PERM application since the original LC was withdrawn and the original PERM was denied. The new PERM application would have a new PD and assuming that one got approved you would file I-140/I-485 with your new PD.
Click to expand...

Thnak justwaching
I guess the best is to keep your old LC because of this 485 unavailability... :cool:
 
Re

Richshi,
I am glad to hear that the complaint letter works somehow. I plan to complain to Charles Rangle as well, but his office may not respond because i don't live in his area.

Is there anything else we can do?




richshi said:
voicing their dissatisfaction toward the PBPC?? It seemed that my fax caused them to notice that the FIFO order is not followed because of a software screw up... now they are looking to fix the problem.

I read this from another thread. I can't believe it is true. But I think it can only help if guys filed in 2001 and 2002 continue to complain about the violation of FIFO order to the Director of PBPC. I also heard that Congressman Charles Rangle (an immigrant friendly man) is interested in hearing about the New Yorkers being discriminated in immigration matters. He is keen to fight for the New Yorkers. But it will be better if the complain can come from the employer, a friend who works for him said.
Click to expand...
 
Hi NJ folks,

Some one from MARYLAND got 45 day letter. It is a SWA case went to PBEC.
case num of P05139- *****

Did anyone got 45 day letter???

I'm waiting from CT with temp case of T05153-*****
 
New application

JustWatching said:
Old LC -> Refile using old PD -> PERM -> I-140/I-485 can use old PD
Old LC -> Refile using old PD but lose PD -> PERM -> I-140/I-485 need to use new PD
Dump old LC -> PERM -> I-140/I-485 need to use new PD
Click to expand...


What about a new PERM Application - I Know that I will get a new PD but I want to know if it is approved does that affect your old application? Cant I have both going ?
 
can I file 140/485 for spouse if she is not in US?

I have a question I don't know if you can help me:my wife finally lost patience and left America, while I am still hanging here, my question is: after I get the LC, can I file 140/485 for my wife even she is not in US?

Thanks
 
Last edited by a moderator:
unfortunately, she can not

QWE123 said:
I have a question I don't know if you can help me:my wife finally lost patience and left America, while I am still hanging here, my question is: after I get the LC, can I file 140/485 for my wife even she is not in US?

Thanks
Click to expand...
so let her come back after you get your LC approved.
 
ItsTough - I have a similar profile as yours. I was initially working in IT for a few years before doing my MBA (here in the US) and switching to Investment Banking (yes, I wanted to end anything that remotely reflected I had a life!!).
I am currently on my 6th year of H1-B. I had not applied for a greencard earlier as I did not want to get bogged down by the never-ending system and was planning to go to the London office for a year when PERM was introduced. I applied for my labor through PERM – and it got approved in a day (thank God!). So I guess you should not have any problems getting certified through PERM.
You can, however, have both applications going. I know of people who have done that. If your PERM application comes through earlier and EB2 is not retrogressed you can apply for your EAD/AP/485. EAD with AP works almost as well as a GC.
 
QWE123 said:
I have a question I don't know if you can help me:my wife finally lost patience and left America, while I am still hanging here, my question is: after I get the LC, can I file 140/485 for my wife even she is not in US?

Thanks
Click to expand...

I have the same question too,, even worse will they be able to come back while their extended h1b is valid. My wife got her h1b extension just yesterday its valid until 2006 october now,, is it safe for her and kids to goto india and come back ?. And my guess is they have to be here when we file for 485 is that correct ? We have been waiting for 4 1/2 years to make a visit to India. Thanks.
 
questions

progress said:
ItsTough - I have a similar profile as yours. I was initially working in IT for a few years before doing my MBA (here in the US) and switching to Investment Banking (yes, I wanted to end anything that remotely reflected I had a life!!).
I am currently on my 6th year of H1-B. I had not applied for a greencard earlier as I did not want to get bogged down by the never-ending system and was planning to go to the London office for a year when PERM was introduced. I applied for my labor through PERM – and it got approved in a day (thank God!). So I guess you should not have any problems getting certified through PERM.
You can, however, have both applications going. I know of people who have done that. If your PERM application comes through earlier and EB2 is not retrogressed you can apply for your EAD/AP/485. EAD with AP works almost as well as a GC.
Click to expand...

Hi, can I get your email? I wanna ask you a couple of questions regarding the course of your career. I work for consulting firm doing technology consulting for financial institutions and would like to go to business school and make a switch like you did, to IB. I was wondering could give me a few pointers there (school, program and stuff like that)
my email is leserb@netscape.net

Thanks a million
 
QWE123 said:
I have a question I don't know if you can help me:my wife finally lost patience and left America, while I am still hanging here, my question is: after I get the LC, can I file 140/485 for my wife even she is not in US?

Thanks
Click to expand...

I-140 - you can apply for regardless of where she is
I-485 - you can't. She would need to be here.

You need to be careful with this. As I understand it (check with an immigration attorney), a permanent resident can NOT petition their spouse. So if your I-485 is approved and your wife was not part of it, then you won't be able to bring her until you become a US Citizen.

What you may want to consider doing (and other issues may come into play) is to file I-140 and go for consular processing. Then you back home for CP interview with your wife and you both come back.
 
Nov 2001 NY did not make it to regional

JustWatching said:
And you shouldn't just yet. This approval could be coming from NY DOL not PBPC.
Click to expand...


Hi, JustWatching, do you think Nov 2001 RIR could have made it regional?? I remember the cut off date is somewhere in September 2001, not even October 2001 made it regional.

By the way, just noticed there was a guy with "no_light" as username received his 45 day letter June 20, 2005. He applied in October 2002, NY SWA.
 
Status
Not open for further replies.
Top