for_gc
04-27 04:55 PM
First of all, no need to be so concerned. Also this is not unique situation.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
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gkaplan
04-22 01:27 PM
I think i understand:) Thank you.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
sorcerer666
03-31 04:17 PM
Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
So by your logic, if he had contributed to IV his visa would've been issued no questions asked?? And he won't deserve help coz he didnt contribute?? Man I feel sorry for your selfish attitude!!
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
So by your logic, if he had contributed to IV his visa would've been issued no questions asked?? And he won't deserve help coz he didnt contribute?? Man I feel sorry for your selfish attitude!!
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paskal
12-26 01:27 AM
so that it's seen in the morning :)
/\/\/\/\/\/\/\/\
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eb3_nepa
07-12 04:49 PM
The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
permfiling
01-22 01:30 PM
^^^^^
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jayleno
12-15 03:44 PM
:D Nice find. Does it really say where he is from or where the wife has to go in case of the husband being laid off in 4 months time? It just says the person was born in India. I really dont want to extend this...please stop responding.
Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??
Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??
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DDLMODES
10-13 05:30 PM
I filed on 8th August and havent yet received my notices in mail.. I contacted my lawyer today and he sent copies of my receipts and then he also found out that they had received my FP notice .. I am supposed to go on 27th Oct to Newark USCIS... Anyone coming on same day ..
My application is being processed at Texas..
Not many people who have filed with me has recieved any notices as of yet..
So dont worry guys we all should be fine..
Thanks everybody for the info.
laborchic, could you please let us know when you will receive the FP notice yourself ?
I don't have any lawyer so if USPS loses it, I have no way of knowing.
Also, when you have dependents (wife for ex) they make the appointments in the same day or is completely random ?? Anybody knows anything about that ?
P.S.: Called USCIS 1 month after the receipts (last week) and they told me to wait another week.
My application is being processed at Texas..
Not many people who have filed with me has recieved any notices as of yet..
So dont worry guys we all should be fine..
Thanks everybody for the info.
laborchic, could you please let us know when you will receive the FP notice yourself ?
I don't have any lawyer so if USPS loses it, I have no way of knowing.
Also, when you have dependents (wife for ex) they make the appointments in the same day or is completely random ?? Anybody knows anything about that ?
P.S.: Called USCIS 1 month after the receipts (last week) and they told me to wait another week.
more...
jonty_11
05-15 10:27 AM
Good going IV..
Yes I agree being current means NOTHING...if it retrogresses again befor eyo uhave your GC in hand...u will be in a waiting game again like always...so reform is the only solution.
Yes I agree being current means NOTHING...if it retrogresses again befor eyo uhave your GC in hand...u will be in a waiting game again like always...so reform is the only solution.
hair Gil Scott-Heron died yesterday
m.e.g.
03-31 03:07 PM
That is a good question....because I have tried to save it as PDF and an EPS as well seeing if that would work, but it doesn't even show up as an option to open on the Blend side. Only the .ai file showed up. But I will try to export it with the PDF options.
I will mess around with it a bit...Be back in a sec...
I will mess around with it a bit...Be back in a sec...
more...
bigboy007
12-10 04:23 PM
Pay scale : My initial labor is approved with Company A with Payrange of 48K thereafter i am getting around 79K with the same employer and around the time when my 140 is applied and approved + 485 filed.
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
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justsomeguy
07-12 06:29 PM
fellow legal immigrations - this is my first posting on immigrationvoice.
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
more...
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when
02-29 12:42 PM
^^^^
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gbof
09-30 09:37 PM
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
Donot get me wrong. I have no special love for aila or uscis. please, note, aila is talking about 100 million short fall and uscis plan to raise fees.........
Donot get me wrong. I have no special love for aila or uscis. please, note, aila is talking about 100 million short fall and uscis plan to raise fees.........
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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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leo2606
10-13 10:14 PM
Probably the consulate people will think the candidate as Fidel Castro's brother are something if you wear red.:confused:
Are you serious or kidding?
Just Kidding - as long as you are wearing decent clothes no one should reject your visa (which otherwise should have been approved) for wearing a jeans or for not wearing formal dress.
But when someone created a thread for this - let me share "one dress" people shouldn't wear.- this is something you would want to avoid, this was told to me 9yrs back when i first came to this country and appeared for Interview first time.
That dress is - "Red Shirt"
Hope this helps !
Are you serious or kidding?
Just Kidding - as long as you are wearing decent clothes no one should reject your visa (which otherwise should have been approved) for wearing a jeans or for not wearing formal dress.
But when someone created a thread for this - let me share "one dress" people shouldn't wear.- this is something you would want to avoid, this was told to me 9yrs back when i first came to this country and appeared for Interview first time.
That dress is - "Red Shirt"
Hope this helps !
more...
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GotGC??
06-21 09:22 AM
Any idea what constitutes a "simple, str forward" case? At 485 stage, what are the things that could potentially make it a more complicated case?
Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.
Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.
girlfriend THIS FIRST POEM IS
smuggymba
09-22 07:35 PM
Oh My God. These three won't stop, would they.
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fromnaija
03-24 12:49 PM
Thank you Mark how you rebuffed that stereotypical response on "being grateful to being here in this wonderful economy and enjoying such nice living conditions".
I really enjoyed the interview.
I really enjoyed the interview.
Hermione
09-27 10:07 AM
The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
desi3933
07-07 06:18 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
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