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I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

Thanks for ur information.I had 2 more doubts.
1)when i’m doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant’s I-485?
2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.

I havent go the receipts yet, but wondering how long (approx) should it take for AP travel document to come so we can travel out of the country.>
NSC is pretty bad so would like to get some statistics.
Thankyou IV and all members

Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

My PD was dec 2005. eb3. India.

Thought i would share with you all.:)

but all this mustang can do is f*rt . Did you guys notice the ‘oo00 ‘ in the ID

Thank You sbmallik for your response.

Attorneys, would appreciate your inputs on the above questions…

Also,

Am planning to withdraw my husband’s H4 application as he wants to continue his work on EAD.
1) Would this be a problem in his GC journey?

2) If something has to go wrong with my still pending I140, our EAD will not longer be valid. Then, can I apply for his H4 in future?(keeping in mind that his H4 application has been withdrawn right now)

3) Will he need to get out of the country while we file his H4 other then stamping?

4) Am planning to go for stamping to Qubec. Anybody who has recently been there for stamping, could you pls. post your experiences both at the consulate & POE?

Thanx in Advance

I am working on EAD which expires on 10th Septempber 2008. I filed for my EAD on 25th June, 2008 and with the current processing dates at Nebraska, my guess is that I wont recieve my EAD until later September/early October.

Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?

My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.

I would really appreciate your advice on this.

I am sure your employer knows about the rules around eligibility to work and will not allow any unauthorized to work even for a day past expiry date.

Hope you will get the Renewed EAD soon before expiry of old one.

i did through google but i cant found actually. please respond who knows.thank you in advance.

Good job Amith and other folks!

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USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

Jul – Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

Jul-Aug 2009 USCIS may come across similar situation as this year – but in this case all applications of July 2007 processed – I think that time PD will be some date in 2005.

Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

Close your stupid post

First you whine and complain of why dates didn’t move, now you are focusing on when dates will retrogress?

What is wrong with you all, if EB2 gets relieved from retrogress then next in line is EB3, First you all focus on reasons behind backlog and retrogression, come out with crazy analysis and now some idiots are putting on posts like
dates may retrogress, all these dates have been possible because of the efforts of all IV members. Nobody wants to hear negative news now.

Some other members with an idiotic ideology have similar posts

Eb2 bad luck
EB2 retrogress

Grow up guys, everyone worked hard to see some results, as per now don’t break everyone’s spirit by posting all these stupid forms. Think positive and positive will happen.

Could you elaborate ? Did you mean I’ll eventually get a 3 year extension after I run out of 6 year term (assuming the new company files perm and the retrogression is still there then..) OR did you mean I can get 3 years right now ?
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then……)

Look at the May VB, it was current, obviously;)

"__________________
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) – sent to USCIS same day
LUD 06/05/07
"

For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.

EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?

Hi My name is Chamraj from India, obtained a h1b from a new jersy based company in Dec 2007. I have signed the agreement of Employment i.e part of my offer letter before appearing for my visa interview.

Infact they had given two offer letters. 1. offer letter with no agrrement of employment after shortlisting me for processing h1b.

2, Offer letter with agreement of employment just before going to us consulate for stamping.

I was asked to give a indian bank guarantee of 100 thousand INR, so i have given them a BG of 100 thousand INR. During last 30 months i was asked to renew my BG twice and i did the same and gave them the renewed copies. But they never bothered to send me to us on h1b.

BG got expired on last month and now they want me to travel to US immdly.
If i do not travel they were asking me to pay 4000 USD as the expenses incurred to process my h1b visa. They also want to take legal action against me.

I have waited for 2,5 years waiting for them to send me to us. they did not send me during last 2.5 years,

Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

I am still in India and i was not paid single penny by the company so far. I waited for more than 18 months and now already 30 months over.

Pls advice how i can face his legal action. Can he take a legal against me when i am india where the offer is subject to laws of New Jersy state laws.

Thanks

we have to make USCIS more transparent and effective…
There are several smaller campaigns that we can have ..one that comes to my mind is to show the benefits of legal immigration ..
we can do something as easy as meeting our local realtors ..(maybe each member can meet 4-5 realtors in his area) ..show interest in buying a house and then back out saying that the GC delays are preventing you from buying a house …(and maybe ask the realtors to advertise on IV )

What if i leave it just like that?

I say EB3 India will move to Jan 1st 2002.

1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?

No Safe as he will be questioned at port of entry

2)Will there be questions at the port of entry ?

A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?

Yes.. He may not not reenter US for next 10 Yrs.

I am Immigration Lawyer.Better Talk to the Attorney.

You probably meant to say that you are NOT an immigration lawyer. Correct?

The whole US consulate experience in India is annoying and incompetent. Forget Hyderabad consulate alone.

Are you saying that a child will age out if the child’s 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?
Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.

My PD is 2002 Aug

If you need answer, you need to give more information:

a)Is it a sub-labor.
b)Did you or company has been flagged by USCIS for any event.
c)Did you or your spouse applied for GC which is flagged for some reason.
d)Any other info you would like to share.

Correct me if I my understanding is wrong. We legals are not getting any action because law makers want to do a comprehensive reform instead of a piece meal legislations. If the CIR is not a possibility, is there not a good chance to push for reforms for legals on a piece meal basis ? Stuff like visa recapture, removing country cap, filing for 485 when dates are not current and all ?

You can find the answer here:

Right.

But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That’s why all legal provisions have been held hostage.

Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don’t get elected in mid-term so that we can move forward

My drivers license expired in between my H1B extension. As proof of identification, I showed EAD card and they accepted it