sri1234
02-15 12:01 PM
H1 B Alien need not be paid all the time. I guess one can be on unpaid vacation for a while. pls see below.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.
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NKR
05-23 08:55 AM
I have some good news and some bad news!
The bad news is that. You will get your green card in 5 years and after other five years you will get your citizenship. So in 10 years will be in position to get married.
Now , you will be wondering what is the good news.
Well!, I just saved a bunch of money on my car insurance by switiching to GEICO.
LOL, this is very funny. Had a good laugh this friday morning.
The bad news is that. You will get your green card in 5 years and after other five years you will get your citizenship. So in 10 years will be in position to get married.
Now , you will be wondering what is the good news.
Well!, I just saved a bunch of money on my car insurance by switiching to GEICO.
LOL, this is very funny. Had a good laugh this friday morning.
otro+
06-14 10:38 PM
I got my house loan 4 years ago.
Everybody at that time recomended Credit Unions. after talking to lender and telling them about the rate of credit unions, they were never able to desqualify Credit union, beside credit unions will probably never sell your mortgage to third parties. you will actually talk to the real lender no brokers.
Everybody at that time recomended Credit Unions. after talking to lender and telling them about the rate of credit unions, they were never able to desqualify Credit union, beside credit unions will probably never sell your mortgage to third parties. you will actually talk to the real lender no brokers.
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mhtanim
09-25 02:01 PM
Mine took 8 days after the online status changed to approved-so don't worry. It's funny, on their website, they said documents mailed on sept 10, but i rcvd them on sept 17th. When i rcvd the AP, i realized the documents were mailed on sept 13-sept -- so don't blindly trust what is online.
There was a black line---uscis printer completely screwed up-and the first line of the address on mailing envelope and the address was completely un-readable. I am not sure how we even got it in mail.
I second to CC123. I had G-28 on everything. I got the EAD and AP directly. However, I did not get any original receipt notices from USCIS. My lawyer got the all original receipt notices.
There was a black line---uscis printer completely screwed up-and the first line of the address on mailing envelope and the address was completely un-readable. I am not sure how we even got it in mail.
I second to CC123. I had G-28 on everything. I got the EAD and AP directly. However, I did not get any original receipt notices from USCIS. My lawyer got the all original receipt notices.
more...
optimystic
03-28 08:08 PM
Right but if my doubts are valid and USCIS may be planning to act in the said way then we can proudly say that " we have been legally fooled" by USCIS.
May be one of the items in Admin fixes campaign should be to request for better transparency from USCIS.
If you have transparency, a lot of issues will automatically see light and be raised in senate sessions, in media, etc.
Stupid info like Processing Dates, which retrogress for stupid unknown reasons and are utterly useless information help no one.
Some of the things that should be transparent and should be reported every month are
1) Range of Recpt dates (earliest date and latest date) processed/opened by a service center in a month. This will help us understand if they are following FIFO or not
2) Range of PDs approved/adjudicated/visa number assigned in a given month at a given service center
earliest PD(date, EB category) &
latest PD (date, EB category) &
This will tell us whether they are adhering to their own rule of adjudicate cases and assign visa #s only when PD is current
3) How many Visa numbers have been used up in each category so far. (They definitely have this information, otherwise what is the basis for them to suddenly move PDs ahead so as to use more visa numbers ! )
This will expose the speed (or the lack of it! ) at which they are using visa numbers and potential for wastage
The Gurus can probably come up with other metrics.
Most of these should be easily generated by USCIS...and this transparency will force them to work efficiently/correctly.
And since such data would also help Administration, they might like the proposal, and willing to force USCIS to start publishing such data.
Then we wont have a use for sites like :) (sorry Mr. Goel ! )
May be one of the items in Admin fixes campaign should be to request for better transparency from USCIS.
If you have transparency, a lot of issues will automatically see light and be raised in senate sessions, in media, etc.
Stupid info like Processing Dates, which retrogress for stupid unknown reasons and are utterly useless information help no one.
Some of the things that should be transparent and should be reported every month are
1) Range of Recpt dates (earliest date and latest date) processed/opened by a service center in a month. This will help us understand if they are following FIFO or not
2) Range of PDs approved/adjudicated/visa number assigned in a given month at a given service center
earliest PD(date, EB category) &
latest PD (date, EB category) &
This will tell us whether they are adhering to their own rule of adjudicate cases and assign visa #s only when PD is current
3) How many Visa numbers have been used up in each category so far. (They definitely have this information, otherwise what is the basis for them to suddenly move PDs ahead so as to use more visa numbers ! )
This will expose the speed (or the lack of it! ) at which they are using visa numbers and potential for wastage
The Gurus can probably come up with other metrics.
Most of these should be easily generated by USCIS...and this transparency will force them to work efficiently/correctly.
And since such data would also help Administration, they might like the proposal, and willing to force USCIS to start publishing such data.
Then we wont have a use for sites like :) (sorry Mr. Goel ! )
manojp4
07-19 04:20 PM
First of all let me congratulate and thank IV for working tirelessly to bring about this huge benefit for most folks stuck in the green card mess. I have always believed in IV and its power to move mountains. However, in the midst of all this rejoicing, let's not forget a certain class of IV members who will not be able to take advantage of this recent benefit for all practical purposes. I am talking about the folks who are currently single and will not be able to file for their (future) spouse before Aug 17. It seems to me that the best thing that IV can do to bring relief to these folks is to lobby for and effect legislation to exclude dependents from the visa cap, i.e let dependents (or at least spouse) to file for I-485 even when priority dates are not current. I believe this single piece of legislation (if we can make that happen) will have a big effect on the entire community, because that will free up that many visa numbers that would otherwise have been used up, and let folks get their GCs faster (even if they are happy with their EADs and APs). Can IV focus on this front please ?
Congratulations btw to everyone who will be taking advantage of this window of opportunity.
Congratulations btw to everyone who will be taking advantage of this window of opportunity.
more...
calboy78
08-05 11:17 PM
I don't know how much truth it has - but this is what a friend told me:
1. The GC holder goes back to home country for > 1 year and loses GC.
2. Get married over there
3. After some time come back on H1-H4 and use the same I-140 that you had used for your 485 earlier; and apply for new 485 based on old I-140 (this time for both husband and wife)..also apply for AP and EAD so that even if one loses job, s/he can work on EAD. The person mentioned that I-140 approval and priority date are for whole life (as per current law).
I have hard time digesting this myself, however it woudn't hurt to consult USCIS or a lawyer to know if this is right.
================================================== ==
If someone didn't like this post - "please" feel free to add a red dot .
1. The GC holder goes back to home country for > 1 year and loses GC.
2. Get married over there
3. After some time come back on H1-H4 and use the same I-140 that you had used for your 485 earlier; and apply for new 485 based on old I-140 (this time for both husband and wife)..also apply for AP and EAD so that even if one loses job, s/he can work on EAD. The person mentioned that I-140 approval and priority date are for whole life (as per current law).
I have hard time digesting this myself, however it woudn't hurt to consult USCIS or a lawyer to know if this is right.
================================================== ==
If someone didn't like this post - "please" feel free to add a red dot .
2010 Purple Cats
MerciesOfInjustices
04-09 02:12 AM
No objections to AAPI especially when my spouse is a doctor and we are indian... But ethnic diversity in IV is not "good to have", But is must.
In my view It will be easy to achieve goals set by IV with broadbased
support from various ethnic groups.
PS : I am happy it doesn't turn out to be "pie fight" uptill now, But It is always advisable to be cautious.
True - ever heard of the saying 'you can lead a horse to the water, but you cannot force it to drink'!
You cannot rent volunteers either!
Keep trying to encourage more 'other people' to join! But I hope you are not trying to get diversity for diversity's sake - by excluding people who are of same origin as you!
In my view It will be easy to achieve goals set by IV with broadbased
support from various ethnic groups.
PS : I am happy it doesn't turn out to be "pie fight" uptill now, But It is always advisable to be cautious.
True - ever heard of the saying 'you can lead a horse to the water, but you cannot force it to drink'!
You cannot rent volunteers either!
Keep trying to encourage more 'other people' to join! But I hope you are not trying to get diversity for diversity's sake - by excluding people who are of same origin as you!
more...
ivgclive
04-18 06:43 PM
Good work, at least you want to show them what you feel.
Address him as "Mr.President" in future and avoid using names most of the time.
Address him as "Mr.President" in future and avoid using names most of the time.
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chantu
10-17 01:58 PM
I agree with you. But you don't have to go far to find Google at fault. If you look in the Indian English Media, you will hardly find any news regarding Diwali. If they put some news on Diwali that news will be like "Dismal Diwali" etc. I am not kidding. This is the news regarding Diwali in CNN-IBN.
But when Christmas arrives, our Indian English Media will go on and on with their positive spin of Christmas festival.
Everything in India is controlled by western money. They are spreading their tentacles and have started psycho was against our culture.
Let Bhagwan Shri Ram Bless Indians.
Is it too much to ask Google to put a Diwali logo like it does for Hanukkah or Christmas .. at least if not in google.com but in google.co.in?
Also is it too much to expect American mainstream media to totally NOT ignore Diwali which has significance for the second largest population in the world and instead publish significantly less significant story of the balloon boy?
Is it too much to ask for to include Diwali in the spell check for this editor? (Not wailing or Gwalior ...)
It is this mentality of deliberately ignoring the feeling of majority of the world population that is getting the western civilization more and more isolated and retracted.
Well it doesn't really matter. And I am visiting India now and I can see that this country and China will definitely kick ass of Western civilization .. as it is already doing. The people here are hungry for more and in spite of seemingly unsurmountable problems it will succeed and once again India will be the "Sone Ke Chiriya".
With this thoughts and wishing peace .. happy and prosperous diwali to everyone.
May Lord Rama bless the world.
But when Christmas arrives, our Indian English Media will go on and on with their positive spin of Christmas festival.
Everything in India is controlled by western money. They are spreading their tentacles and have started psycho was against our culture.
Let Bhagwan Shri Ram Bless Indians.
Is it too much to ask Google to put a Diwali logo like it does for Hanukkah or Christmas .. at least if not in google.com but in google.co.in?
Also is it too much to expect American mainstream media to totally NOT ignore Diwali which has significance for the second largest population in the world and instead publish significantly less significant story of the balloon boy?
Is it too much to ask for to include Diwali in the spell check for this editor? (Not wailing or Gwalior ...)
It is this mentality of deliberately ignoring the feeling of majority of the world population that is getting the western civilization more and more isolated and retracted.
Well it doesn't really matter. And I am visiting India now and I can see that this country and China will definitely kick ass of Western civilization .. as it is already doing. The people here are hungry for more and in spite of seemingly unsurmountable problems it will succeed and once again India will be the "Sone Ke Chiriya".
With this thoughts and wishing peace .. happy and prosperous diwali to everyone.
May Lord Rama bless the world.
more...
ngopalak
06-14 06:31 PM
The retrogression is bound to happen again in a few months and it will be YEARS before we get our green card.
We need to keep the fight up in the senate. Can we have another fax campaign started right away?
We need to keep the fight up in the senate. Can we have another fax campaign started right away?
hot Plasticstripes Purple
ramaonline
03-18 02:39 AM
First of all EAD is not a status - Its just a work authorization. GC is for a future job.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.
The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.
At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.
The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.
At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
more...
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permfiling
11-22 08:22 PM
I am still waiting. I created a SR and reply was to wait for biometrics. I am going to India in dec. Any recommendation on what to do if I still have not got the card?
Take Infopass appt, take your approval notice and mention that you need to travel and your spouse has a job offer.
Which service center has processed your case?
Mine was from CSC to NSC and I am waiting too
Take Infopass appt, take your approval notice and mention that you need to travel and your spouse has a job offer.
Which service center has processed your case?
Mine was from CSC to NSC and I am waiting too
tattoo PURPLE BUTTERFLIES Desktop
punjabi
09-17 12:07 AM
Hi,
The H4 was automatically cancelled when you got your H1. This is 100% confirmed data.
How did you enter US? if you entered showing H4 visa, that would be an unlawful entry. H4 cannot be valid after h1 was approved as a change of status. Your status changed from H4 to H1, so you couldn't enter US through H4 anymore.
I don't know how did you enter, but consult an attorney immediately.
Don't worry. Charges can be dropped also. Consult an attorney.
Thanks for your replies.
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
The H4 was automatically cancelled when you got your H1. This is 100% confirmed data.
How did you enter US? if you entered showing H4 visa, that would be an unlawful entry. H4 cannot be valid after h1 was approved as a change of status. Your status changed from H4 to H1, so you couldn't enter US through H4 anymore.
I don't know how did you enter, but consult an attorney immediately.
Don't worry. Charges can be dropped also. Consult an attorney.
Thanks for your replies.
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
more...
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sixburgh
08-06 01:31 AM
Thanks man!
Did you stay in nearby hotel to consulate? If yes please share name.
See this link
US Consulate - Mumbai, India (http://www..com/immigration/us-consulate-mumbai.html)
Did you stay in nearby hotel to consulate? If yes please share name.
See this link
US Consulate - Mumbai, India (http://www..com/immigration/us-consulate-mumbai.html)
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kaisersose
04-18 11:35 AM
An interview does not mean approval. This is just part of CIS pre-processing cases when the PD is not current. They will interview the applicant, process it and then throw it into storage.
About 5% of cases are randomly selected for interviews. This does not mean that they are out to approve a 2007 case ahead of a 2001 case.
About 5% of cases are randomly selected for interviews. This does not mean that they are out to approve a 2007 case ahead of a 2001 case.
more...
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GCOP
09-11 01:33 PM
Very Good Research. I just gave you Green.
Since there was talk of the HR 5882 being taken up in two months time in a lame duck session, I thought it might be helpful to have this on this page.
Source = http://usgovinfo.about.com/od/uscongress/a/lameduck.htm
Lame Duck Sessions of the U.S. Congress
Once rare, now commonplace
By Robert Longley, About.com
Lame duck sessions of the U.S. Congress happen in even numbered years when Congress has to reconvene following the November general election to take care of unfinished legislation. Some lawmakers who return for this session lost their bids for reelection and will not be in the next Congress. Hence, they are informally called "lame duck" members participating in a "lame duck" session.
The possibility of lame duck sessions of Congress began in 1935, when the 20th Amendment1 to the U.S. Constitution2 took effect. Under this amendment, ratified in 1933, regular sessions of Congress begin on January 3 of each year, unless Congress passes a law in the previous session changing the date. Also, the terms of members begin and end on January 3 of odd-numbered years. Under these arrangements, any meeting of Congress between election day in an even-numbered year and the following January 3 is considered a lame duck session.
Why lame duck sessions are bad
Lame duck sessions are never desirable. Defeated lame duck lawmakers, knowing they will not have jobs in the new Congress, either tend to "just go through the motions" while debating and voting on remaining important legislation or, in worse cases, attempt to hinder or even damage the lawmaking process. On the state level, the legislatures of only 11 states even allow lame duck sessions.
By far the most dismal scenario for a lame duck session is whenever one of the two major political parties has taken away majority control of one or both houses of Congress from the other party, as happened after the 2006 mid-term election, when the Democrats won control of both the House and Senate from the Republicans. In these instances, with political tempers already running hot, the temptation for lame duck members to vent their frustrations by working to stall good bills, while turning bad bills into worse laws, becomes even greater.
Why lame duck sessions happen
Once rare, lame duck sessions have become all too common. The final days of the 109th Congress in November and December of 2006 became the 16th lame duck session since 1940.
The typical "target" date for the annual adjournment of each session of Congress is during the first week in October. The target adjournment date has become a total myth in recent years. The first session of the 109th Congress, for example, did not achieve final adjournment until Dec. 22, 2005.
During far too many recent years, the main reason for lame duck sessions has been Congress' failure to complete its work on the spending, or "appropriations" bills that form the basis of the annual federal budget. By law, the federal budget process3, including passage of the spending bills, begins the first Monday in February of each year and should be concluded by October 1st, the start of the federal government's Federal Fiscal Year. Failing to pass the spending bill by October 1, Congress is compelled to pass "continuing resolutions4," legislation that allows the government operate temporarily without an approved budget at the previous year's spending levels.
Lame duck sessions: some bad, some not so bad
Some sessions are not particularly productive, often because of political disputes and the difficulties of reaching legislative decisions in a post-election environment. In 1982 and 2002, for example, Congress returned after the November election in part to complete work on most of the spending bills. In each case, it failed to do so and the new Congress had to enact large continuing resolutions to fund government operations for the fiscal year already in progress.
Other lame duck sessions, such as the one held in 1980, have been more productive. On that occasion, Congress approved budget resolution and reconciliation measures, five regular appropriations bills and a continuing resolution, an Alaska lands bill, a landmark environmental cleanup "superfund" bill, a measure extending revenue sharing, a revision of military pay and other benefits, and a bill changing the appointment power of the Senate President pro tempore.
This About.com page has been optimized for print. To view this page in its original form, please visit: http://usgovinfo.about.com/od/uscongress/a/lameduck.htm
�2008 About.com, Inc., a part of The New York Times Company. All rights reserve
Since there was talk of the HR 5882 being taken up in two months time in a lame duck session, I thought it might be helpful to have this on this page.
Source = http://usgovinfo.about.com/od/uscongress/a/lameduck.htm
Lame Duck Sessions of the U.S. Congress
Once rare, now commonplace
By Robert Longley, About.com
Lame duck sessions of the U.S. Congress happen in even numbered years when Congress has to reconvene following the November general election to take care of unfinished legislation. Some lawmakers who return for this session lost their bids for reelection and will not be in the next Congress. Hence, they are informally called "lame duck" members participating in a "lame duck" session.
The possibility of lame duck sessions of Congress began in 1935, when the 20th Amendment1 to the U.S. Constitution2 took effect. Under this amendment, ratified in 1933, regular sessions of Congress begin on January 3 of each year, unless Congress passes a law in the previous session changing the date. Also, the terms of members begin and end on January 3 of odd-numbered years. Under these arrangements, any meeting of Congress between election day in an even-numbered year and the following January 3 is considered a lame duck session.
Why lame duck sessions are bad
Lame duck sessions are never desirable. Defeated lame duck lawmakers, knowing they will not have jobs in the new Congress, either tend to "just go through the motions" while debating and voting on remaining important legislation or, in worse cases, attempt to hinder or even damage the lawmaking process. On the state level, the legislatures of only 11 states even allow lame duck sessions.
By far the most dismal scenario for a lame duck session is whenever one of the two major political parties has taken away majority control of one or both houses of Congress from the other party, as happened after the 2006 mid-term election, when the Democrats won control of both the House and Senate from the Republicans. In these instances, with political tempers already running hot, the temptation for lame duck members to vent their frustrations by working to stall good bills, while turning bad bills into worse laws, becomes even greater.
Why lame duck sessions happen
Once rare, lame duck sessions have become all too common. The final days of the 109th Congress in November and December of 2006 became the 16th lame duck session since 1940.
The typical "target" date for the annual adjournment of each session of Congress is during the first week in October. The target adjournment date has become a total myth in recent years. The first session of the 109th Congress, for example, did not achieve final adjournment until Dec. 22, 2005.
During far too many recent years, the main reason for lame duck sessions has been Congress' failure to complete its work on the spending, or "appropriations" bills that form the basis of the annual federal budget. By law, the federal budget process3, including passage of the spending bills, begins the first Monday in February of each year and should be concluded by October 1st, the start of the federal government's Federal Fiscal Year. Failing to pass the spending bill by October 1, Congress is compelled to pass "continuing resolutions4," legislation that allows the government operate temporarily without an approved budget at the previous year's spending levels.
Lame duck sessions: some bad, some not so bad
Some sessions are not particularly productive, often because of political disputes and the difficulties of reaching legislative decisions in a post-election environment. In 1982 and 2002, for example, Congress returned after the November election in part to complete work on most of the spending bills. In each case, it failed to do so and the new Congress had to enact large continuing resolutions to fund government operations for the fiscal year already in progress.
Other lame duck sessions, such as the one held in 1980, have been more productive. On that occasion, Congress approved budget resolution and reconciliation measures, five regular appropriations bills and a continuing resolution, an Alaska lands bill, a landmark environmental cleanup "superfund" bill, a measure extending revenue sharing, a revision of military pay and other benefits, and a bill changing the appointment power of the Senate President pro tempore.
This About.com page has been optimized for print. To view this page in its original form, please visit: http://usgovinfo.about.com/od/uscongress/a/lameduck.htm
�2008 About.com, Inc., a part of The New York Times Company. All rights reserve
girlfriend Purple Velvet - Free Nature
lunatic
05-17 07:46 PM
got database?
:beam:
:beam:
hairstyles Purple Wild Flowers Wallpaper
satishm
07-13 02:21 PM
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
Michael chertoff
05-04 11:45 PM
Hey, I have a question too
- How come people like me go red after 1-2 posts, and utter rascals here remain fully green even after redded by many?
Because you are a hypocrite.
MC
- How come people like me go red after 1-2 posts, and utter rascals here remain fully green even after redded by many?
Because you are a hypocrite.
MC
pd_recapturing
10-19 01:35 PM
According to what I have read - porting of PD can be done at 2 stages
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?
