Munna Bhai
04-27 12:11 PM
Hi,
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:
http://www.uscis.gov/files/pressrele...22_091206R.pdf
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:
http://www.uscis.gov/files/pressrele...22_091206R.pdf
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
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logiclife
05-14 04:41 PM
Message from the core group :
Even though there is a huge movement forward in PDs for EB2 and EB3, the immigration voice core group is not scaling back. We are going to continue our efforts in full speed ahead . For those who are out of the retrogression in June, CONGRATS...we really are happy about the current movement.
The core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow where Senator Alexander and Senator Bingaman will be present and the event is about high-skills immigration. Aman and Pratik were here last week thursday and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.
Core group's job is not over until all dates are current and significant other reforms are brought to Greencard process and other related issues.
Even though there is a huge movement forward in PDs for EB2 and EB3, the immigration voice core group is not scaling back. We are going to continue our efforts in full speed ahead . For those who are out of the retrogression in June, CONGRATS...we really are happy about the current movement.
The core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow where Senator Alexander and Senator Bingaman will be present and the event is about high-skills immigration. Aman and Pratik were here last week thursday and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.
Core group's job is not over until all dates are current and significant other reforms are brought to Greencard process and other related issues.
gsc999
04-15 01:54 PM
Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
fired shortly after becoming a citizen.
abby
----
Senthil for once I agree with you :D Tell me who moved my Cheese!
abby: GC to citizenship, lost job eh!
US law doesn't permit discrimination in employment based on race or Country of origin.
There are many websites that advertise jobs in India, depending on your situation and goals. Send me a PM with your resume and phone number, I will try getting you a job in India. Average pay scale is thousand dollars/mo and commute time in 3 hours. I am sure, those are non factors because you so sincerely desire this.
Also, I would recommend taking a break from this all and think about your future plans. I am not sure how young you are, there is a call for surge in Iraq for our troops. It is perfect time for a citizen to show his patriotism. I heard sign-up bonus is amazing :-) I was planning to volunteer, they refused me because I am a prospective legal immigrant. I want to contribute but can't, I feel bad.
fired shortly after becoming a citizen.
abby
----
Senthil for once I agree with you :D Tell me who moved my Cheese!
abby: GC to citizenship, lost job eh!
US law doesn't permit discrimination in employment based on race or Country of origin.
There are many websites that advertise jobs in India, depending on your situation and goals. Send me a PM with your resume and phone number, I will try getting you a job in India. Average pay scale is thousand dollars/mo and commute time in 3 hours. I am sure, those are non factors because you so sincerely desire this.
Also, I would recommend taking a break from this all and think about your future plans. I am not sure how young you are, there is a call for surge in Iraq for our troops. It is perfect time for a citizen to show his patriotism. I heard sign-up bonus is amazing :-) I was planning to volunteer, they refused me because I am a prospective legal immigrant. I want to contribute but can't, I feel bad.
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freakin_gc
01-31 05:00 PM
Thanks for your time guys...just curious hopefully SB can help me...how do I find out my I-140 subcategory(skilled category or Professional).In my I-140 receipt notice under section it mentioned as Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)
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babuworld
11-19 03:33 PM
Gurus , I dont know if this question have been addressed before. I am currently on H1B and is valid still july 2009. But i dont have stamping on my passport. I am waiting for AP for my wife and myself. If we user AP to India Trip then
1.Is my H1B still valid?
2. What will be the status? My employer didnt apply for EAD at this movement.
Thanks in advance for your suggestions.
1.Is my H1B still valid?
2. What will be the status? My employer didnt apply for EAD at this movement.
Thanks in advance for your suggestions.
shirish
04-27 12:05 PM
I think even if the EB2 I-140 is already approved, you still could port the PD, but most important thing is you need your EB3 I-140 approved for porting the PD. Please talk to a good lawyer.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
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reddymjm
01-08 08:56 PM
He needs to send it to the USCIS office in kentucky. you can google and get the address.
Right answer.
Right answer.
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priderock
03-27 09:55 AM
It is truly amazing how people give advise on legally sensitive issues without verifying the facts. People go to the lengths of suggesting work off the books in an open forum (Admin was right to cut him/her off right away).
It is always good idea to consult a lawyer on these matters. You may be breaking the law unwittingly.
AFAIK (I am not a lawyer, consult a lawyer) , you can't work even for free if that job is NOT usually done for free. For example you can't work as a developer for a software development company for free.You may call it volunteer work but it has to be truly volunteer work, meaning others also do this work as volunteers.
It is always good idea to consult a lawyer on these matters. You may be breaking the law unwittingly.
AFAIK (I am not a lawyer, consult a lawyer) , you can't work even for free if that job is NOT usually done for free. For example you can't work as a developer for a software development company for free.You may call it volunteer work but it has to be truly volunteer work, meaning others also do this work as volunteers.
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inetuser
07-16 01:52 PM
Here is the update we have been waiting for
USCIS has announced that on Wed, Jul 18, 2007, from 9:00pm ET until Thur at 1:00am ET, the INFOPASS appointment system will be unavailable for a scheduled upgrade. USCIS customers will see some minor changes to the appointment screens on Thur, Jul 19, 2007. ;)
USCIS has announced that on Wed, Jul 18, 2007, from 9:00pm ET until Thur at 1:00am ET, the INFOPASS appointment system will be unavailable for a scheduled upgrade. USCIS customers will see some minor changes to the appointment screens on Thur, Jul 19, 2007. ;)
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enggr
11-21 01:42 PM
Hello enggr,
I might have the same problem.
where you able to convert to EB3?
Please let me know.
Thanks,
SG
Sareesh,
I just filed the RFE response this week. Will take a few days to know the result. One attorney said it will take 6 months. Some said 1 month. I'm keeping my fingers crossed. Will let you know the result
I might have the same problem.
where you able to convert to EB3?
Please let me know.
Thanks,
SG
Sareesh,
I just filed the RFE response this week. Will take a few days to know the result. One attorney said it will take 6 months. Some said 1 month. I'm keeping my fingers crossed. Will let you know the result
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wandmaker
02-26 05:37 PM
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
I see the good intentions of your statement. Not sure, whether you really got what I really wanted to convey to to OP. Giving 1% of benefit of doubt based on (2), I was trying to find out
(1) The reason for amendment denial
(2) Whether the employer is exploiting him due to his ignorance
(3) Whether the employer is abusing the immigration system.
BTW, Dig through my posts on this thread and other - You will realize that I'm against everyone who abuses the system.
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
I see the good intentions of your statement. Not sure, whether you really got what I really wanted to convey to to OP. Giving 1% of benefit of doubt based on (2), I was trying to find out
(1) The reason for amendment denial
(2) Whether the employer is exploiting him due to his ignorance
(3) Whether the employer is abusing the immigration system.
BTW, Dig through my posts on this thread and other - You will realize that I'm against everyone who abuses the system.
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howzatt
07-16 01:44 PM
I beg to disagree - I think if you read between the lines it is quite clear that potential solutions are being discussed. A solution may be announced but NOT within the 24 hrs that we all are expecting. It may lead to a deadlock in which case the lawsuit would be one of our recourse.
I think we all got a little carried away by the 24HR time frame from Core.
Whats new about this news? We have been hearing this since Thursday evening.
I think we all got a little carried away by the 24HR time frame from Core.
Whats new about this news? We have been hearing this since Thursday evening.
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lenbin
07-06 12:17 PM
@ gc wanna be
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.
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justAnotherFile
07-11 10:16 PM
what makes sense?
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
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saravanaraj.sathya
08-22 02:53 PM
This sound like a good idea...our first option is to attend the rally. But if for some reason we are not able to make it...we can identify a place in all the states on the same day to show support for the DC rally.. I tried to find someone in Buffalo...but noone responded..dont know whether I will be able to attend the rally in DC.
I know some of you will be attending the Rally in DC on Sep 18th.
But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.
This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like
West Coast (Bay area )
Midwest (Chicago)
Texas (one of the major cities - Dallas, Austin or Houston)
Think of all the local media attention this gets & also the ripple effect into national media.
Any thoughts ??
I know some of you will be attending the Rally in DC on Sep 18th.
But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.
This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like
West Coast (Bay area )
Midwest (Chicago)
Texas (one of the major cities - Dallas, Austin or Houston)
Think of all the local media attention this gets & also the ripple effect into national media.
Any thoughts ??
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bmoni
12-26 09:51 AM
I will be calling in.
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vik352
12-08 03:19 PM
Thanks ashkam. I am still on H1, this is exactly what I needed to hear. I will confirm this with my attorney too. Thanks again!
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
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sweet_jungle
02-01 11:12 PM
Sorry, if this is already discussed mutiple times. I was not able to find any Info.
My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.
While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated
Thanks,
-Sree
She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.
While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated
Thanks,
-Sree
She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
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DSLStart
12-15 12:51 PM
jayleno: there is nothing funny about this situation so no need to make jokes on him. He just told him about sending wife to India, because that guys uername says Atul which hail from India and not srilanka or pak or bangladesh.
Buddy,
Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.
Buddy,
Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.
srikanthmavurapu
08-16 04:03 PM
It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
Thanks,
Srikanth
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
Thanks,
Srikanth
anilsal
11-08 05:47 PM
is around 1.5million out of which meagerly 140K goes to employment based.
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