sircaustic
07-21 10:48 PM
Need some help here answering a question in form I-539 Part 4, Section 3, Item a, b and c as follows:
Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.
Are you, or any other person included on the application, an applicant for an immigrant visa?
Has an immigrant petition ever been filed for you or for any other person included in this application?
Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?
I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.
Here's my status:
-Working in US since 2004 on a H1B so this is my 7th year extension.
-This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
-I-140 was filed in March 2007 and approved in October the same year.
-I-485 for family and I was filed in July/August wave in 2007.
-LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?
I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.
Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.
Are you, or any other person included on the application, an applicant for an immigrant visa?
Has an immigrant petition ever been filed for you or for any other person included in this application?
Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?
I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.
Here's my status:
-Working in US since 2004 on a H1B so this is my 7th year extension.
-This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
-I-140 was filed in March 2007 and approved in October the same year.
-I-485 for family and I was filed in July/August wave in 2007.
-LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?
I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.
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Ivyleaf
10-07 03:41 PM
my votes for bat. reflections are my fav :beam:
latbsol
02-25 01:23 AM
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
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HV000
12-30 10:23 AM
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
I spoke to a reputable attorney and they said its possible to get 3 years extn. using the case number screen shot.
An actual case would be helpful.
I spoke to a reputable attorney and they said its possible to get 3 years extn. using the case number screen shot.
more...
Libra
08-29 02:05 PM
If you are before july fiasco and after july fiasco filer
and resides in MN/WI/IL/OH/PA/IN
http://immigrationvoice.org/forum/showthread.php?t=12599&page=3
or resides in MA/VT/ME/RI/NH/CT
http://immigrationvoice.org/forum/showthread.php?t=12628
or resides in NC/SC/GA/ FL
http://immigrationvoice.org/forum/showthread.php?t=12632
or resides in tri-state
http://immigrationvoice.org/forum/showthread.php?t=12567
and resides in MN/WI/IL/OH/PA/IN
http://immigrationvoice.org/forum/showthread.php?t=12599&page=3
or resides in MA/VT/ME/RI/NH/CT
http://immigrationvoice.org/forum/showthread.php?t=12628
or resides in NC/SC/GA/ FL
http://immigrationvoice.org/forum/showthread.php?t=12632
or resides in tri-state
http://immigrationvoice.org/forum/showthread.php?t=12567
s416504
08-30 10:58 AM
??
Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green
Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green
more...
dilusa1
08-31 10:00 AM
Hello
I will appreciate if somebody guide me good indian comonay for SAP FI/CO training in Chicago area.
i will be CPA very soon, i will really appreciate your help in thi sreagrd.
Thanks
I will appreciate if somebody guide me good indian comonay for SAP FI/CO training in Chicago area.
i will be CPA very soon, i will really appreciate your help in thi sreagrd.
Thanks
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surabhi
05-21 09:54 AM
from one of the attorneys. Not sure if anything changed in past 18 months.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
more...
gcisadawg
02-03 02:12 PM
hello boss...
whoever is replying to my thread...
iam not faking or frauding anything ..and you guys dont have any right to tell me.
I had a very nice job back in my home country and iam well experienced guy..
unfortunately due to some personal reasons nothing strike me in my way.
u guys dont have to be so rude.
thought i will get help from this forum but not a negative response
thanku very much
I understand you are experienced and had a great job at home! But do you understand that you have already broken the law?
whoever is replying to my thread...
iam not faking or frauding anything ..and you guys dont have any right to tell me.
I had a very nice job back in my home country and iam well experienced guy..
unfortunately due to some personal reasons nothing strike me in my way.
u guys dont have to be so rude.
thought i will get help from this forum but not a negative response
thanku very much
I understand you are experienced and had a great job at home! But do you understand that you have already broken the law?
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srarao
07-23 12:05 PM
R.Pitcher
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ttdam
11-01 12:13 PM
I had the same query for my wife. I sent color copies of passport front and back, latest visa, I-94, DL and EAD all in color. Keep me posted how long it took for you to get approval after you sent the docs.
Hi eadguru
I too got query for AP to send clear copies of all data pages of PP,
where did you make color copies and how much it would be ?
Do we need to take all pages from the passport !
Thanks
Hi eadguru
I too got query for AP to send clear copies of all data pages of PP,
where did you make color copies and how much it would be ?
Do we need to take all pages from the passport !
Thanks
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green1
08-19 12:24 AM
I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice
more...
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ragunath
10-22 10:51 PM
Please save yourself money and time. I used CCI. I paid $925. Sheila will talk like its a piece of cake to get the approval. Its a BIG LIE. Actually CCI is flagged by USCIS. She will also give you a pdf document of 50 mb or so for you to take a print out and if in case you send it, you application is doomed. After submitting her evaluation, mine got denied. Talk to a good attorney like murthy and take a chance with them instead of spending a grand with this women.
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manish1905
02-03 12:47 PM
what if your flight delayed or you fall seek and couldn't travel.I believe it would be a risky move having only 2 days or margin.
MS
MS
more...
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needhelp!
10-19 05:07 PM
Thats exactly exact..
Are you talking about the Diwali Mela event on November 10th?
Are you talking about the Diwali Mela event on November 10th?
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EB2_Jun03_dude
11-29 03:55 PM
I am assuming there should be a problem at the POE
more...
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chanduv23
11-11 04:33 PM
Dear IV members,
Attorney Prashanthi Reddy, will be available on IV Chat every Thursday 9.30 PM EST and will answer questions posed by IV members. The chat is available to all IV members with access to the chat room
http://immigrationvoice.org/forum/misc.php?do=cchatbox
The chat will be moderated and archived and archives will be made available to all the members
Our first Attorney Chat with Prashanthi Reddy will be on Thursday, 20th November, 2008 at 9.30 PM EST.
Thanks,
TEAM IV
Attorney Prashanthi Reddy, will be available on IV Chat every Thursday 9.30 PM EST and will answer questions posed by IV members. The chat is available to all IV members with access to the chat room
http://immigrationvoice.org/forum/misc.php?do=cchatbox
The chat will be moderated and archived and archives will be made available to all the members
Our first Attorney Chat with Prashanthi Reddy will be on Thursday, 20th November, 2008 at 9.30 PM EST.
Thanks,
TEAM IV
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setpit_gc
05-25 03:46 PM
Both of our 485 got RFE. As per CIS website, it was sent on May 20, 2009. Attorney haven't received it so far.
Message says "REQUEST FOR INITIAL EVIDENCE SENT. CASE PLACED ON HOLD".
We send all the initial documents when we filed in July 2007. I have no idea what CIS is asking for.
Any idea?./
Message says "REQUEST FOR INITIAL EVIDENCE SENT. CASE PLACED ON HOLD".
We send all the initial documents when we filed in July 2007. I have no idea what CIS is asking for.
Any idea?./
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kamakya
05-14 09:48 AM
Urbana in Frederick county. The schools there are the best and lots of Indians and property tax is pretty low compared to other places.
greenmonster
11-23 11:10 AM
Vishwak,
Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.
Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...
Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.
Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...
munnu77
08-04 10:45 AM
good story
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