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In my opinion you should be OK.

I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.

Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.

If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.

Hey Guys, count me in too

Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."

So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).

We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?

Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!

I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
Thanks

Only one application is needed.

I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.

Your LCA's and I-129s end date should be the date after one year plus days to recapture.

Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.


Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .

We need every member in the tri state area to attend this. Please show your support

Talk to a lawyer and get it done.

Should take about 1 hour to write the mail. Even for extension it you would take the same time to write.

Good luck. Yours will be approved soon.

tks,

Thanks for posting this. My I-140 was applied in May 2007 and I have not heard anything. USCIS says it has processed until July 24, 2007. What a bunch of lies.

Hi

Does arrest for driving with suspended license (License suspended for non payment of ticket) come under traffic violation? Any insight would be much appreciated.

That's really an excellent idea guys. Rally at state capitol or in front of governors office, rather than in SJ.

Please post the following:
Receipt notice date:
How long it took to receive approval:
Category:

I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.

actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.

Here is my story, Immigration experts are requested to suggest.......

My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.

In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.

The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)

Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)

Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.

H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)

Never filed an AC21.

What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?

Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.

Experts please suggest........

Here is my observation

1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

- cheers
kris

Thanks everybody for the responses.

I have 3 years degree (15 year education). I am not sure if I can file on EB2.
You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.

Thanks,
Sanjeev

No, you can not. As one must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree

Please refer to similar case
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf



_____________________________
US Permanent Resident since 2002

Hi Nickhil,

See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.

You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.

With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.

- gs

the question is when we march with them, will we be marching for amnesty or for our issues. If we are marching for our issues, where, when and who will we be making this case to? I don't consider myself better than the undocumented, but I would like to know will I have a voice?

One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.

BTW in politics right or wrong is rarely a consideration.

Indian govt trying to please IT companies....nothing will happen. Just lip service like any other promise by our beloved politicians.

Actually it was before July 30 that you could send it to either service center, but like I said earlier, with all the internal transfering that's going on, hopefully you'll be ok.

I found this link, please see and tell me what is your interpretation:

http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

The effective date of the �Direct Filing� instructions for all of forms I-129F, I-131, I-140, I-360, I-485,
I-765 and I-907 is July 30, 2007, and coincides with the effective date of the fee increase for all immigration benefit applications and petitions. During the first 30 days of �Direct Filing� (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.
Effective July 30, 2007.

Please share your opinion about this....I really want to make sure that I'm safe.
Thanks in advance.

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