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  • Rishi
    01-12 11:08 AM
    Its tricky...that's defintely possible with another employer. Even though there i s no clear rule on this, as per recent DOL memos regarding the multiple filings by same employer, it expects the employer to withdraw all but one which it intends to continue or DOL will consider the first which gets approved and reject the remaining.

    In your case, you have already one approved lc. So it becomes difficult to file one more LC with the same employer. Search through Murthy's bulletins and consult a good lawyer.


    I would really appreciate if somebody can answer this question:

    I have applied for my labor certification in EB 3 category in April 2002. My Labor has been approved in August 2005 and my I -140 certified.

    I have a US Masters degree and would like to know if I can re-file my labor from the same employer in EB2 with PERM.
    I would not like to lose my priority date of April 2002.

    Please let me know if this possible .


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  • AllVNeedGcPc
    05-18 05:12 PM
    The OP is crying out loud "Pick me... pick me... pick me... I have a mole on left cheek..." :D

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  • calabor2001
    05-19 04:18 AM
    @viv24: Call me stupid, well I know so already so you or anyone else doesn't have to, but no, I did not file for AP or an EAD in June when I could have because I did not need to. :(

    I was (and still am) happy where I am working and did not need to change jobs (so no need for an EAD); had a valid I-797 (thru 2010) which I thought I would use to get Visa stamp whenever I had to travel (had no plans for traveling in June 07) just like 6 previous times. Never, I repeat never, had I known about the issue w/ Name Check on H1B or the security clearance required on it or the stupid PIMS thing. Now, am paying a hefty penalty for that. So, there you have it..

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  • Legal
    07-24 05:23 PM
    What has the name check to do anything with the 485 approval ? There was a memo that clarified it. If your name check is pending more than 180 days, they can still approve your 485.

    Is it still possible to be delayed because of name check not being cleared? I thought this issue was settled in Feb 08. >180 days means your petition cannot be delayed for this reason.


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  • ganguteli
    01-25 11:08 PM
    Sorry to hear your situation. There are many of us in the similiar situation. As some one already said, you have your PD locked and try to get through these difficult times now.

    Besides, if your wife's boss is a control freak, she might want to see whether she can file complaint with in the org anonymously (most companies HR have such number) and an investigation goes on with out issues. If he/she has too much power and ou dont think she will be heard properly, You can talk to DOL.

    The fact that her boss is egyptian is redundant. There are control freaks in all nationalites and races.

    I am confused.
    Your I140 Mailed Date : 04/11/2007
    I485 Mailed Date : 02/07/2007

    How is that possible? Can you really file I485 before !40?

    If that is the case then I think you have solved all our problems especially OP.
    Let us know how you did it so that others in this problem can file their I485 before filing I140/

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  • waitin_toolong
    09-17 08:11 PM
    Yes I am hoping so. but untill i dont know if 485 approved or not i cant plan ahead. i have an urgent travel on october 8th. this uscis mess has delayed me to go to local infopass office to get I-551 stamp. this is height of stupidity. I have valid AP also but they say dont use it if 485 approved.

    you see my situation. i have all the options but i dont fit into any. if 485 approved use stamp if not approved use AP and then one side of USCIS tells me your 485 approved and the IO tells me 485 not approved. what gorakhdhandha .... they are playing LATTOO with me....

    i see you were planning to get I551 stamp, why not get an appointment around Oct 1st and go, or if you are that worried just go now, they will not stamp ur passport if their system shows pending status. Chances are you will get your GC in the next few days and everything will be fine. As for the conflicting info, well it is possible that the IO keyed in part of the number wrong or was looking at a system that was not updated. If you keep in mind the current track record, anyone here who has received an approval email has got their GC.


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  • bank_king2003
    09-17 04:50 PM
    Thank you very much for the information. Can you please send me the template letter that I can refer to while emailing to Ombudsman.

    Thank you,

    Your welcome. I hear your pain in this unconfirmed scenario. do you have any email id where i can send you what i wrote....

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  • nozerd
    12-13 10:45 AM
    Well the problem is not the number of applicants in line. Problem is approved applications who are just waiting on visa number. So even if there are 1000 ppl from 2001 waiting in line but their applications are not finalised ( 485 approved, no name check etc) but there are 10 ppl for 2003 with applicationsfinalised they have to move date to 2003.
    The only way to make this fair is to look and review applications by PD and not by RD.


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  • ivgclive
    08-18 12:03 PM
    Wow this is new :eek:. I wonder what else they are going to ask next! You had already sent them overwhelming supporting docs and now on top of that they want 140 approval notice too? Is your employer willing to give it to you? as most of them (atleast desi companies) try to hide 140 from employee for job description. If not 140 approval atleast request employer to give you copy of 140 receipt notice.

    No surprises. You should always send 485+140 copies.

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  • arunmohan
    01-08 02:11 PM
    I don't know where are EB3 people. Everyoe from EB3 understand that there is a 10 years + of waiting period. I don't see any interest from EB3 folks except Pappu.

    EB3(s) wake up and come together to do something for yourself, family and kids.


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  • yabadaba
    01-09 03:59 PM
    Like most desis I'm a bit technically challenged...that's why i've applied under eb-3 :D

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  • ps57002
    09-14 07:31 PM
    I pray she gets better soon...


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  • LostInGCProcess
    09-05 11:12 AM
    Absolutely not true!!! When you can change jobs even before getting the GC using AC21, there is no reason why you cannot jump to another job after getting the GC.

    If I get it, I wouldn't worry that much for the next 5 years.

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  • dilbert_cal
    04-26 12:33 AM
    why paypal ? I am sure he takes payment through credit cards. Just give him your credit card number :D . It would be even better if you can just post the number here in this forum..... ;)

    Point noted :-) - probably should add my SSN, address, DOB, expiry date and 3-4 digit # from backside of card too but unfortunately, I ended with ......resist.... and thats how it is still ;-)

    Dont lose hope though - keep checking the forum - just just in case resistance wears out ;-)


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  • boppana99
    08-16 05:37 PM

    I'm residing in St.Louis and would like to participate. I came to know of the missouri chapter today. Go IV

    Prasad Boppana

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  • jonty_11
    07-05 06:04 PM
    Exactly, that is what I heard too.
    I am assuming the rejection notice doesnt have to be received in July to qualify as a plaintiff?


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  • dref
    09-13 05:36 PM
    I am a american citizen born and raised.

    before we were married I earned over 50k a year, I applied for the fiancee visa, and then became disabled in late 98 but did not know it was permanant at this time.

    in 99 fiancee visa was done, we were married in the U.S

    2000 before the adjustment of status she returned to Russia due to her mothers illness.

    in early 2002 I submitted the 1-130 and paid the fees in Moscow (DHS)

    between this time we were both required to have a interview in Moscow, not with the consulate but with DHS, after this interview paperwork was turned over to the consulate and a interview was scheduled, this was done in late 2003

    due to my disability my income did not meet the minimum +20%, as I had asked that my wife only be issued a visa, and my step son would come later, and the income would have been acceptable, but I was told that was not possible (I know that it is)..so in essence, my income for 3 was inadaquate as I was told I would need someone else to sponser.

    What I receive is far more than someone who makes the minimum +20%, but pays 25% tax, as I am disabled no tax is paid...so if I make 20 k a year tax free as opposed to someone who receives 20k and pays 25% tax..I feel that in itself is wrong, and penalizes me for being disabled.

    I went thru numerous e-mails back and forth, and then nothing for 2 years,

    I was then told her paperwork was not shown (after years, in which all documents were original and were shown to the consular officer) and she would need to bring this back to Moscow..along with my affadavit of support (again) and with a affadavit of support of another sponser.

    I have no family here, parents have passed, so this is not possible for me.

    I wrote and was told that the passport was disposed of, along with all the file, along with the DHL for overnight to send back the documents (which was supposed to be the visa)

    So, married for 10 years..she has been here, has a social security card, I.D card ect...

    So my question is..since I am disabled and pay no taxes on my income, why am I penalized and told my income does not meet the requirements..when in fact, I asked at first for only my wife to receive the visa, and was told this is not possible...and told to start the process over, when this case was never approved nor denied..

    I have gotten the run around for the last 7 years, and it doesn't end...I did not know if you become disabled that you should not be able to have your wife with you...quite a joke.

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  • kenmei
    05-28 01:25 PM
    one more quick question, is I-134 required also? The affidavit for support

    A lot of these forms ask for an alien number. Since she is here on a nonimmigrant visa would she have one? Do i leave this part blank?

    desi3933 - you said I need an I-131 application for travel right? it asks for dates of intended travel, what do i put there if we're not intending to go anywhere anytime soon?

    thanks you guys so much!!!

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  • dsneyog
    02-07 02:54 PM
    This is what attorney said:

    1. Apply for benefit, and mention that you were laid off (?). Labor department will call your employer to verify whether you were laid of for misconduct, or for other reason. Based on that information, DOL should grant you benefit, but since it is an unusual case he doesn't know for sure.
    2. Call USCIS hotline, and explain them your situation. they might consider your case.

    07-18 03:41 PM
    Surely the person working on your I-485 application would wonder why your I-485 wasn't filed together with your I-140 if it's approved under EB2? What if they start processing your I-485 and because of the backlog (which could be around 2-3 years maybe more because of the July 2nd fiasco) they only start wrapping up your approval 3 years later, at which point they spot the problem and tell you to refile your I-140 and I-485 again under EB3. Would you think it was worth it then?

    11-05 04:24 PM
    I'm trying to hire the same lawyer. But she's not sure if she can do it yet. But I'd like to know what should be done because I'm the one who will pay for it.

    What I got from some topics is that you don't need to do anything ...
    But the same time -

    Another idea is to get all the documents ready and apply AC21 describing the job change...

    So should I or should not to apply for AC21 ?
    If I don't do anything then what should I do if I need to renew my EAD next year ?
    Is my AdvancedParole valid for travel now ?

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