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Pineapple

08-05 12:37 AM

An I-140 has nothing to do with I-485, except to the extent that an I-140 has to be approved before an I-485 can be approved. So I-140 approval is must before an I-485 can be approved. Further, an I-140 is not related to the priority date - An I-140 can be filed any time once one has an approved labor (Assuming, of course, one is applying in EB2/EB3). But I-485 can only be picked up for processing (or even filed) if the priority date is current.

If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
(USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)

Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.

PS: I'm not a lawyer, so don't shoot me, please..

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stylepoet

10-29 02:31 PM

Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.

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09-22 03:11 PM

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pappu

01-30 04:30 PM

We will be sending emails after sometime so that that people can keep updating it. IN order for this data be reliable, the effort must start from each one of us.

We should regularly update our data and also urge others to do the same. These days I am first looking at the data of the user before replying to the post. If the data is not there, it is ok. We do not force anyone who does not have data to update the profile. Their data will anyways not show on the tracker. In the coming days we will add more filters in the tracker to clean up such people who have incomplete or zero data.

But we definitely need to nudge people who have put incorrect data to correct it. Incorrect data will hurt the reliability of the tracker and the advocacy effort we plan to do.

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alterego

10-20 01:07 PM

If they were honest, they would publish processing dates by country of chargability, since it is apparent to me that they are giving preference to EB2 ROW cases.

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vdlrao

06-06 06:57 PM

I heard I-140 premium processing has been restarted. Is it true?

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snathan

04-30 12:28 PM

Not Yet...But murthy.com says they are considering to reinstate PP for I-140. Check murthy.com for more information on this

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Aah_GC

06-01 01:37 AM

As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.

The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.

Use your AC21 privelege wisely.

Hi,

I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

A short description of this role (for those of you who don't know about this role)

The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

Appreciate your thoughts on this

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jonty_11

07-05 03:39 PM

I dont think WE are bred to be competitive as u said....
if that is the case we would left the whole world behind in growth and prospoerity and would not have to seek immigration to US.

I would call it unhealthy competition

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chintals

11-02 05:38 PM

I also got RFE from VSC for AP reg PP clear copies. In my case, lawyer asked to send me clear copies of bigraphic info which means first and last page of PP showing photo and name and other info. I scanned and sent color images to my lawyer. So strange that all VSC people are getting this RFE.

Online status simply shows, recieved and pending.. Does not reflect the RFE at all.

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cjain

04-07 05:02 PM

only needs a little bit of bandwidth...core members need to step in and provide feedback

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adibhatla

02-15 06:24 PM

Prince - If you ask me it doesn't matter coz ur back to the processing of your I-485. I heard some cases usually take longer to update.

Can you pls furnish specific details such as:

Denial notice Date:
When did you/your lawyer apply the MTR:
Other update dates such as (Soft LUD's, Hard LUD's):
MTR Approval Date:

Sorry for asking more specific details. My I-485 got denied too but for missing G-325A forms on both my wife's and my case.

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mdipi

11-02 04:59 PM

input please on 'me2'.




-mike:cyclops:

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qualified_trash

07-11 12:36 PM

I prefer that people who do not know how to run a business stick to option 2.

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seeniraj

10-15 10:32 PM

Whats the reason for the denial ?

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rahul2699

05-19 11:32 AM

you need to spend 12 months outside of US to apply -- My understanding is that you have to wait 12 months before applying.

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madan

01-11 11:05 AM

Thank You...

If my new wife arrives to US on H4 , can i start using EAD? Is this possible for me to be on EAD and my Wife on H4? Please advise.

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pbojja

06-02 09:20 PM

pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?

Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?

Man I was just kidding with Happy scenario , we wish things work our way with CIS , I clearly mentioned unhappy scenario is the reality

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krajani2007

08-15 11:25 AM

I work for company A. I found a project for myself with X through another company B. (The end client is X and the middleman is B. My company A has contract with company B NOT WITH company X (end client)

I have an offer from end client X and my company is in the process of suing me in Virginia as I have a non-compete agreement not to work for client/end client or client's end client.

Has anyone come across such situation. Please help me.

I work on hourly rates and don't get paid if I am on bench. Can this be used nullify the contract as this is not legal on H1.

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akela_topchi

01-15 06:13 PM

Friends,

Looks like Obama and his administration is serious about fixing things.
There are several polls on various immigration related issues at change.gov.
Some are "pro" and many are "anti".

Lets cast our vote, write messages, make yourself heard.
Lets convey what we're going through, and we want relief.

We are in it to win it.

Here are some immigration/Green card/Visa related polls. Lets vote!
____________________

Green Card related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=Green+Card&search=Search)

Immigration related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?str=immigration&search.x=0&search.y=0&search=Submit)

Visa related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=visa&search=Search)


____________________
Some pro-immigration polls
- Please help the Immigration System (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004lrV&srPos=0&srKp=087)


Some Anti-H1B polls
- Reduce the H1-B cap for 2009 (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004nli&srPos=0&srKp=087)
- Replace India's Talent with US Talent (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004spJ&srPos=1&srKp=087)
- Reduce H1 Visas: Jobs for Americans (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004p5a&srPos=3&srKp=087)
- H1B Fraud & Legal Immigration Issues (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wtD&srPos=12&srKp=087)

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chanduv23

12-17 10:15 AM

My first FP was done in July 2007. I have not yet received second FP notice. Normally USCIS sends second FP notice after 15 months. Is someone else like me?

I never received my first FP notice and I think there are a lot of people like me here.

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