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Premium processing of 140 Specific to premium processing only.

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  #46  
Old 06-28-2007, 03:29 PM
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Quote:
Originally Posted by immidude
my attorney said i need to wait for 140 receipt to file 485
is that true?



i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
No you don't. You can file without 140 receipt, atleast that's what my lawyer told me. Anyways, mine is concurrent filing.
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  #47  
Old 06-28-2007, 03:39 PM
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I have a feeling that they will not restore 140 PP at least until retrogression hits again i.e. the influx of various AOS applications slow down.

I think those currently waiting for 140 approval will get screwed and those who were hoping to 3 yr H1 extension will be the most impacted.

Quote:
Originally Posted by pani_6
See what the last para of the memo says....

During this timeframe the USCIS will determine whether
it is able to process these cases with in 15 calendar days of reciept.

"IF SO" premium processing will be once again made avaialabe for FORM I-140 petitions
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  #48  
Old 06-28-2007, 04:21 PM
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Quote:
Originally Posted by pani_6
I live in Tx..If I file today...would it help if it reaches tommorrow....for PP-I140??...Where is tjhe form for applying PP-I-140...somebody plz answer....


I believe you can e-file form I-907. I am trying like mad to get the attorney to call me back.
Does anyone know if there is a problem with the employer directly filing for premium processing bypassing the lawyer?
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  #49  
Old 06-28-2007, 04:23 PM
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test101 will become famous soon enough
Default Asuuming that I-140 got denied

Assuming that I got my EAD, and then my I-140 got denied for whatever reason.
What happen next? Will i be out of status? do i have to leave the country? if i'm F-1 student will i be back on F-1?

thanks
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  #50  
Old 06-28-2007, 04:38 PM
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Quote:
Originally Posted by test101
Assuming that I got my EAD, and then my I-140 got denied for whatever reason.
What happen next? Will i be out of status? do i have to leave the country? if i'm F-1 student will i be back on F-1?

thanks
Yes.You will be out of status unless you moved into a different visa like H1B /H4 (if you time left on them and able to get in the quota) .

Last edited by royus77; 06-28-2007 at 04:45 PM.
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  #51  
Old 06-28-2007, 04:41 PM
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Default Where did you learn this crap?

Quote:
Originally Posted by pd_recapturing
This is wrong. EAD can be issued when both of the following conditions MUST meet:

I140 has been approved
I485 application is 180 days old
You have no freaking idea what you are talking about. one should not open his/her mouth so confidently without reading documents from USCIS or talking to an immigration lawyer.
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  #52  
Old 06-28-2007, 04:44 PM
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Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??
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  #53  
Old 06-28-2007, 04:53 PM
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Quote:
Originally Posted by vinodp1978
Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??
Not quite. You will get an EAD ONLY if you filed form I-765 along with your I-485. Your I-140 has no bearing on your EAD.

Thanks,
Jayant
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  #54  
Old 06-28-2007, 04:56 PM
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Quote:
Originally Posted by vinodp1978
Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??
This is not a democracy or an American Idol show where it matters what most people think!

There is a law that clearly states it - you can file and are eligible to interim AOS benefits such as AP & EAD even when the I-140 is pending. I have colleagues (who applied 140 & 485 concurrently) get their EADs and APs long before they got AOS approva.

It's a different thing, not not to be confused with, that most people choose to continue with their H1 and not use EAD or AP because of the uncertainty until the 140 and 485 is approved.
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  #55  
Old 06-28-2007, 04:57 PM
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Default Does this mean we even cannot upgrade to PP after August 1st...???

Does this mean we even cannot upgrade to PP after August 1st, when the premium processing will be available...???
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  #56  
Old 06-28-2007, 04:57 PM
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Quote:
Originally Posted by Kodi
This is not good. My PERM labor is stuck in Atlanta, I was hoping to apply I-140 pp since my 6th year H1 is expiring Dec, 07. If I can get my I-140 approved then I'll have to leave.
1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..

Last edited by gunabcd; 06-28-2007 at 05:02 PM.
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  #57  
Old 06-28-2007, 04:59 PM
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Quote:
Originally Posted by johnwright03
Does this mean we even cannot upgrade to PP after August 1st, when the premium processing will be available...???
It means you cannot file between July 2 and Aug 1, at least for now.
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  #58  
Old 06-28-2007, 05:00 PM
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Quote:
Originally Posted by johnwright03
Does this mean we even cannot upgrade to PP after August 1st, when the premium processing will be available...???
What does what mean? You can upgrade to PP whenever USCIS makes it available....August 1st or at a later date.

Thanks,
Jayant
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  #59  
Old 06-28-2007, 05:04 PM
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Quote:
Originally Posted by gunabcd
1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..
Aren't you allow to extend your H1 if your I-140 is approved and I-485 is pending?
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  #60  
Old 06-28-2007, 05:05 PM
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Obviously i was wanting to know what the law states...and not a democratic answer. I dont always expect forums to quote the law correctly - use your judgement!

Thanks anyway for that answer. My situation is different beacuse with the I-140 PP going away for now...and my H1B expiring Feb 2008...I am left with approved I-140,Labor and retrogressed dates to be eligible for 3yr extension.

Now that if 140 is pending ...then I am left with EAD as the only option to continue manitaing my status.

Correct my intrepretation of law if wrong..
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