LostInGCProcess
06-18 11:52 AM
How can you say that its not legal? When you sign that contract or piece of paper, it means you are acknowledging to all that is in there. Whether you like it or not, when you sign a paper you essentially are saying, "hay! i read this and I agree, here is my signature"...correct me if I am wrong...
From legal point of view, its 2 parties agreeing to a contract (by signing) however unjustified it may look. Maybe some part of the wording may be legal some may not be...
99% agreements written by the desi consultants are not legal ( they are one sided) . if you dont sign it , you dont get the job.
I am not a lawyer , and this is my personal view out of the experience on being a H1
From legal point of view, its 2 parties agreeing to a contract (by signing) however unjustified it may look. Maybe some part of the wording may be legal some may not be...
99% agreements written by the desi consultants are not legal ( they are one sided) . if you dont sign it , you dont get the job.
I am not a lawyer , and this is my personal view out of the experience on being a H1
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Yeldarb
04-17 12:18 PM
Different jobs have different requiremends Hi_Nu, for example, a website for a local golf course has different requirements than a huge corporate e-commerce site. I definitely don't know all of those things that you listed "by heart," but I have produced a few quality websites for clients (I am 15). Voets is right, the clients don't usually care how old you are. My clients are always really cool about it and astonished that I am so young and know so much.
And as for that list, I don't know XML or even know what XSLT is.
And as for that list, I don't know XML or even know what XSLT is.
Fightwithfate
03-18 10:12 AM
Hi Attorneys/Seniors,
I got an offer from US company.They themselves started processing the H1 transfer
LCA Story:
Applied Date:02/08/2010
Denied Date:02/17/2010
Denial reason Source of the Wage entered wrongly
ReApplied Date:02/18/2010
Approved Date:02/25/2010
H1 Story(Premium Process):
FedEx Delivery Date: 03/04/2010
USCIS EMail Date:03/15/2010
USCIS Received Date:03/12/2010 (According to Email)
End of Day 03/16/2010 Status online:Acceptance(desc says received date is 03/15/2010 )
Approved Date:03/17/2010( USCIS Email received by 03/18/2010)
Looks like we need a month time to transfer our H1 though.
Are H1 is Really in a speciality Occupation?
When we apply 1st time they are asking all the documents which is fine.
When we apply Extension they are asking all the details with Paystubs,client letter.
When we apply Transfer they are asking all the details with Paystubs.
Unless theyUSCIS) make a rule like H1 can work for any employer we suffer a lot and feel like slaves which is bad.There are lot of mental pressure when we deal with any H1 suff(new H1,H1 transfer,H1 extension).
The problem of changing employer you have to hold your current employer untill your transfer is approved.Also the Transferring company they need to wait for one month.
I got an offer from US company.They themselves started processing the H1 transfer
LCA Story:
Applied Date:02/08/2010
Denied Date:02/17/2010
Denial reason Source of the Wage entered wrongly
ReApplied Date:02/18/2010
Approved Date:02/25/2010
H1 Story(Premium Process):
FedEx Delivery Date: 03/04/2010
USCIS EMail Date:03/15/2010
USCIS Received Date:03/12/2010 (According to Email)
End of Day 03/16/2010 Status online:Acceptance(desc says received date is 03/15/2010 )
Approved Date:03/17/2010( USCIS Email received by 03/18/2010)
Looks like we need a month time to transfer our H1 though.
Are H1 is Really in a speciality Occupation?
When we apply 1st time they are asking all the documents which is fine.
When we apply Extension they are asking all the details with Paystubs,client letter.
When we apply Transfer they are asking all the details with Paystubs.
Unless theyUSCIS) make a rule like H1 can work for any employer we suffer a lot and feel like slaves which is bad.There are lot of mental pressure when we deal with any H1 suff(new H1,H1 transfer,H1 extension).
The problem of changing employer you have to hold your current employer untill your transfer is approved.Also the Transferring company they need to wait for one month.
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chandrajp
08-24 10:02 AM
If you send photos for EAD(paper filed I765) no need to have FP taken.
Only when you e-file I765, you will get a FP appointment.
BTW, what purpose do the fingerprints do on an EAD?
Your finger print will show on the EAD card
Only when you e-file I765, you will get a FP appointment.
BTW, what purpose do the fingerprints do on an EAD?
Your finger print will show on the EAD card
more...
NKR
02-15 09:27 PM
which category do u belong to EB1/2/3, which country, what ur PD.
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"
have you started partying this early?.;) He has mentioned that he is from India and from EB3 category.
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"
have you started partying this early?.;) He has mentioned that he is from India and from EB3 category.
bsbawa10
09-11 02:49 PM
Why don't you contact some senator! You have been current for so long ..
because USCIS is not even willing to talk if the Service center does not have processing dates current. And if my case is in California (which website says), then the processing dates are not current and have never been current and probably will not be current for a very long time. CSC does not process 485 applications at all.
because USCIS is not even willing to talk if the Service center does not have processing dates current. And if my case is in California (which website says), then the processing dates are not current and have never been current and probably will not be current for a very long time. CSC does not process 485 applications at all.
more...
gccovet
07-23 11:53 AM
Someone posted a link describing I-485 Standard Operating Procedures. It is very detailed and interesting to read. It even described color of paperclip to use, place it on left or right corner, how to fold papers, how to form group family cases, how to shelve and label them, etc. It also has a very detailed description on where to click on screen while working on cases. The link is:
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
Amazing! thank you sharing.
GCCovet.
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
Amazing! thank you sharing.
GCCovet.
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sys_manus
11-17 12:39 PM
what do you mean by tier 1/2 ...who will give those ranking...you ?
There are a few rating available like the one below:
National Universities Rankings - Best College - Education - US News (http://colleges.usnews.rankingsandreviews.com/best-colleges/national-universities-rankings)
Peace..
There are a few rating available like the one below:
National Universities Rankings - Best College - Education - US News (http://colleges.usnews.rankingsandreviews.com/best-colleges/national-universities-rankings)
Peace..
more...
sledge_hammer
04-10 07:30 AM
Maintaining the I-9 document at the employer's location is required by law. Even if you have not signed anything except the offer letter, the employer cannot just deny having you work for his client and wash his hands off you.
You can definitely complain to DOL about wages. You did work for a client for 4 months right? They is no way he can disprove it as if it never happend.
Do not delete any of the emails. Note down the emails and phone numbers of your colleagues from the client site so that they can confirm that you worked there. Call DOL and report this employer.
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
You can definitely complain to DOL about wages. You did work for a client for 4 months right? They is no way he can disprove it as if it never happend.
Do not delete any of the emails. Note down the emails and phone numbers of your colleagues from the client site so that they can confirm that you worked there. Call DOL and report this employer.
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
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Canadian_Dream
10-19 03:10 PM
Ok my last attempt to convey my thoughts:
If your H1B is approved and you are granted an extension it only means that your application was approvalble at the time of filling. Now in order to maintain H1B status you should have:
1. Job with that employer who sponsored H1B
2. Income as dictated in LCA
3. Other condition such as NO DUI etc
Now what if one of the condition in the list above is:
4. Your I-140 on which the extension is granted should NOT be revoked.
I know this is not spelled out clearly, becasue in the past no one took this avenue. Now with premium processing everyone wants to do a quick PERM + 140 to get 3 more years on H1B. It is important that USCIS should clarify their stand on it, one way or the other. In fact if any of the service center sets a precedence by simply implying that one's H1B is invald after I-140 is revoked the interpretation will be cleared. Unfortunately it hasn't happend yet or I we are not aware of it. I hope they clarify it sooner than later.
That's why you have to be quick...Before your earlier employer revokes the petition...(that takes some time..) you got to get a new labor and a new approved I-140 and after that they cannot throw us out technically...
The whole thing is a mess..
If your H1B is approved and you are granted an extension it only means that your application was approvalble at the time of filling. Now in order to maintain H1B status you should have:
1. Job with that employer who sponsored H1B
2. Income as dictated in LCA
3. Other condition such as NO DUI etc
Now what if one of the condition in the list above is:
4. Your I-140 on which the extension is granted should NOT be revoked.
I know this is not spelled out clearly, becasue in the past no one took this avenue. Now with premium processing everyone wants to do a quick PERM + 140 to get 3 more years on H1B. It is important that USCIS should clarify their stand on it, one way or the other. In fact if any of the service center sets a precedence by simply implying that one's H1B is invald after I-140 is revoked the interpretation will be cleared. Unfortunately it hasn't happend yet or I we are not aware of it. I hope they clarify it sooner than later.
That's why you have to be quick...Before your earlier employer revokes the petition...(that takes some time..) you got to get a new labor and a new approved I-140 and after that they cannot throw us out technically...
The whole thing is a mess..
more...
dpp
08-14 02:23 PM
Can i re-enter with AP if H1 stampping rejected?
Yes
Yes
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austingc
07-08 05:13 PM
You definitely need to send it even if you get BIOMETERICS
Hello WAIT_FOR_EVER_GC , Please do not confuse or post anything that you have no idea about.
Its is not true. You don't need to send photos for EAD and the instruction clearley says that. For AP you need to send photos even thnough you went for biometric appointment.
If you apply both EAD and AP together then you will still need to go to fingerprint and also send photos for AP.
Hello WAIT_FOR_EVER_GC , Please do not confuse or post anything that you have no idea about.
Its is not true. You don't need to send photos for EAD and the instruction clearley says that. For AP you need to send photos even thnough you went for biometric appointment.
If you apply both EAD and AP together then you will still need to go to fingerprint and also send photos for AP.
more...
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YesWeWillGet
11-29 11:05 AM
Congratulations to you and your family.
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
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gc_dedo
01-06 05:35 PM
irs has already posted how you can get rebate if you were not eligible last year but you are eligible now (after getting dependents ssn)
http://www.irs.gov/newsroom/article/0,,id=186065,00.html?portlet=7
AFAIK, those who become ligible to receive stimulus in 2008 can claim stimulus of previous year. IRS will post information - how to claim it.
http://www.irs.gov/newsroom/article/0,,id=186065,00.html?portlet=7
AFAIK, those who become ligible to receive stimulus in 2008 can claim stimulus of previous year. IRS will post information - how to claim it.
more...
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optimystic
02-16 08:04 PM
Also I dont see anywhere the real PD mentioned anywhere.
Sorry I might be blind or really really drunk.
But if someone can point me that PD mentioned anywhere above.
I dont understand how my specific PD would help answer my questions , atleast in this case !! The PDs for EB3 india have moved from May 8 2001 to Aug 8 2001. Not a big move not a huge range of PDs in this bucket of PDs getting current in March. So I assume specific PDs within that bucket won't experience totally different results based on PD alone.
Anyway my PD is May 11 2001.
And looks like some one gave me a red dot with a comment "Asking too many questions, just relax !" ...
May be this person wants me to create a separate thread for each question :) Sorry friend for consolidating all my questions into one single thread and post!
Sorry I might be blind or really really drunk.
But if someone can point me that PD mentioned anywhere above.
I dont understand how my specific PD would help answer my questions , atleast in this case !! The PDs for EB3 india have moved from May 8 2001 to Aug 8 2001. Not a big move not a huge range of PDs in this bucket of PDs getting current in March. So I assume specific PDs within that bucket won't experience totally different results based on PD alone.
Anyway my PD is May 11 2001.
And looks like some one gave me a red dot with a comment "Asking too many questions, just relax !" ...
May be this person wants me to create a separate thread for each question :) Sorry friend for consolidating all my questions into one single thread and post!
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approvemy485
05-26 07:42 AM
Here is my guess on who will be in Conference from Senate side.
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
more...
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gc_dreamer_2010
01-27 05:36 PM
I tweeted to the ones that had twitter accounts. I will also give these guys a call and post letters.
@JudgeTedPoe Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
4 minutes ago Favorite Reply Delete
@louiegohmert Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
5 minutes ago
@SteveKingIA Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
6 minutes ago
@eltongallegly24 Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
@JudgeTedPoe Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
4 minutes ago Favorite Reply Delete
@louiegohmert Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
5 minutes ago
@SteveKingIA Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
6 minutes ago
@eltongallegly24 Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
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krishnam70
07-03 06:07 PM
I have sent an email to US Senator Dianne Feinstein, California.
Please send an email to your Senators.
sent my email to John Cornyn of Texas
Please send an email to your Senators.
sent my email to John Cornyn of Texas
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desi3933
07-31 04:20 PM
some one help please
Is your current job part time and GC is for future full-time job?
What about your fellows?
Is your current job part time and GC is for future full-time job?
What about your fellows?
Ramba
11-19 08:31 PM
Ramba,
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
If both job (old and new) in same area, and new salary is "considerably" less than old salary, then it may be an issue. But it may be overcome, provided if you know the prevailing wage determination (not salary) of old job. Lets say if the PW for a level-3 engineer for your old job 50K at a particular county, and I-140 salary in your old job is 70K, and if you port to new job with new salary as 60K in same county, then it should not be an issue. Again, if USCIS does not buy this, you need to dispute. It needs extensive lawyering with DOL wage survey as a proof.
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
If both job (old and new) in same area, and new salary is "considerably" less than old salary, then it may be an issue. But it may be overcome, provided if you know the prevailing wage determination (not salary) of old job. Lets say if the PW for a level-3 engineer for your old job 50K at a particular county, and I-140 salary in your old job is 70K, and if you port to new job with new salary as 60K in same county, then it should not be an issue. Again, if USCIS does not buy this, you need to dispute. It needs extensive lawyering with DOL wage survey as a proof.
krishna_brc
03-02 02:13 PM
Thank you Krishna. The question really is whether my Labor/I-140 approvals as Indian citizen can be used to continue the GC (to file the I-485) after I change my citizenship. Would you know about that?
Or, if a new GC process is restarted with a new employer, can the old priority date be re-used in the new GC process after citizenship has changed?
Thanks.
1. Ans 1 - Yes, Labor/I-140 approvals as Indian citizen can be used to continue the GC. Like i said USCIS considers Country Of Birth of Foreign Nationals and not their Citizenship
2. Ans 2- Old PD can be used with new employer as long as 140 is approved and not revoked.
refer to below links
1.
Copy paste this link " .com/greencard/employmentbasedimmigration/i-140-premium-processing.html "
And " murthy.com/chatlogs/ch121905_P.html "
Chat User : How do I know whether my previous employer revoked my LC or not? I want to use my previous employer’s priority date if that is not revoked.
Attorney Murthy : A person is not allowed to use the earlier employer's LC priority date filing with a new LC case filed with a new employer unless the earlier I-140 had been approved with that earlier employer. If the I-140 petition had not been approved, then each time a person changes employers, a person will start with a new PD. The only exception was for 245(i) cases where the petition or application had to be approvable when filed, but that only applies to the ability to file the I-485 and not to carry over that PD for a new case.
Thanks.[/QUOTE]
Or, if a new GC process is restarted with a new employer, can the old priority date be re-used in the new GC process after citizenship has changed?
Thanks.
1. Ans 1 - Yes, Labor/I-140 approvals as Indian citizen can be used to continue the GC. Like i said USCIS considers Country Of Birth of Foreign Nationals and not their Citizenship
2. Ans 2- Old PD can be used with new employer as long as 140 is approved and not revoked.
refer to below links
1.
Copy paste this link " .com/greencard/employmentbasedimmigration/i-140-premium-processing.html "
And " murthy.com/chatlogs/ch121905_P.html "
Chat User : How do I know whether my previous employer revoked my LC or not? I want to use my previous employer’s priority date if that is not revoked.
Attorney Murthy : A person is not allowed to use the earlier employer's LC priority date filing with a new LC case filed with a new employer unless the earlier I-140 had been approved with that earlier employer. If the I-140 petition had not been approved, then each time a person changes employers, a person will start with a new PD. The only exception was for 245(i) cases where the petition or application had to be approvable when filed, but that only applies to the ability to file the I-485 and not to carry over that PD for a new case.
Thanks.[/QUOTE]