Rajiv Has Answered Most Questions in Writing Here. 29 Conference Call.

[Rajiv S. Khanna]

Dear Rajiv,

My case is as follows:

We filed a stand alone I-140 under exceptional ability on November 12, 2007 with EB3 labor certified from PBEC (Priority date: November 19, 2003) along with four types documents required to be considered as exceptional ability alien but got denied as the labor certification was under EB3. Then appealed and was pending at AAO. In the mean time we filed another PERM EB2 labor for a different position from the same company got certified and file I-140 and I485 on March 8, 2007. My concurrently filed I-140 approved on March 12, 2007. Now my I-485 is pending and according to USCIS TSC they were waiting for the decision of pending I-140 at AAO. Recently we withdrawn the pending appeal from AAO to avoid waiting for that.

Q1. Can USCIS wait for pending appeal while I have already concurrently filed I-140 approved for pending I-485?

Q2. Can USCIS deny my pending I-485 based on the withdrawn appeal?

Q3. How safe it would be to travel on AP while my I-485 with an examiner?

I would appreciate your input

Thanks

Q1. Can USCIS wait for pending appeal while I have already concurrently filed I-140 approved for pending I-485?
>>>>>>>>>>>>>>>>>>>>They CAN do anything, but legally, they should not.

Q2. Can USCIS deny my pending I-485 based on the withdrawn appeal?
>>>>>>>>>>>>>>>>>>>>No.

Q3. How safe it would be to travel on AP while my I-485 with an examiner?
>>>>>>>>>>>>>>>>>>>>Generally speaking, reasonably safe in my view. But I dont know your case.

 

[Rajiv S. Khanna]

We had filed for 2 I-485 applications based on 2 separate 140 Petitions but for the same primary applicant. First 485 is EB3 and 140 approved. And Second 485s is EB2 140 is still pending. Received receipt notices for both applications and they are with different service centers.

Can there be complications later on as a result of this? Do you suggest we close one of the applications.

I think there is potential for problems here. You may want to discontinue the EB3 and port the priority date to EB2. But this advice is highly generic. I do not know the details of both cases.

 

[Rajiv S. Khanna]

Hi Mr. Khanna,

1) Could you please clarify how long/if one needs to work for the employer after GC approval? Employee ported the sponsoring employer A pursuant to Section 204(j) before green card approval and when application was approved he was already working for employer B.

2) Is there anything that needs to be changed (post GC approval) like SS card.

3) What is an I-551 stamp?

Thanks for your time.

1) Could you please clarify how long/if one needs to work for the employer after GC approval? Employee ported the sponsoring employer A pursuant to Section 204(j) before green card approval and when application was approved he was already working for employer B.

>>>>>>>>>>>>>>>I have answered this question many times. It should be in the FAQ on our web site and eslwhere on this forum also.

2) Is there anything that needs to be changed (post GC approval) like SS card.
>>>>>>>>>>>>>>>No.

3) What is an I-551 stamp?
>>>>>>>>>>>>>>An I-551 is the physical card (green card). The stamp is temporary evidence while you do not yet have the card.

 

[Rajiv S. Khanna]

Dear Rajiv,

I am about to use AC21 after my I485 has been pending for more than 180 days. What could happen if for any reason the new company lay me off in the future? How would that affect my status?

Thanks

You can port to a third, fourth or any number of subsequent companies.