meridiani.planum
02-28 03:46 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
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immigrationvoice1
12-11 11:47 AM
Babson FastTrack MBA (http://cmweb.babson.edu/MBA/progrms/fasttrack.aspx) is a very good blended learning program if you are in the New England or Portland, OR area.
Thanks for sharing the information. Any one attending any online MS/MBA in the east coast ? Please post the name/URL of school.
Thanks for sharing the information. Any one attending any online MS/MBA in the east coast ? Please post the name/URL of school.
chanduv23
09-30 04:43 PM
i just called USCIS to find out when i would be recieving the mail...a very nice lady told me that it is taking 30 days for us to get the mail. Even though they say they have mailed.
She said one more thing which I am not sure how far I would beileve....she said:
"It does not matter what the visa bulletein dates show as you have already filed the applications..so all you need to look at is Processing dates."
i asked her then even if the visa bulletein dates are not current for my case then do we have any chance of getting the gc...she said yes...if yours come under the processing dates.
I am not sure what to make of this.....
She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe
She said one more thing which I am not sure how far I would beileve....she said:
"It does not matter what the visa bulletein dates show as you have already filed the applications..so all you need to look at is Processing dates."
i asked her then even if the visa bulletein dates are not current for my case then do we have any chance of getting the gc...she said yes...if yours come under the processing dates.
I am not sure what to make of this.....
She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe
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trs80
03-10 03:46 PM
Hola USIRIT,
Thanks God! My perm was certified in 38 days.
Now we concurrent filed the USCIS forms.
Any update about your case?
Thanks God! My perm was certified in 38 days.
Now we concurrent filed the USCIS forms.
Any update about your case?
more...
LegallyGC
07-27 09:56 AM
1. Try to convince that new employer (B) that you have a vast experience and have already filed GC under EB-2, so it wouldnt be difficult to apply again under EB-2. Tell them you will use your own attorney (Like Mrs. Murthy) to file EB-2. They might change their view
2. If they dont agree and If you really feel this is the job of your dream then go for new job and dont think..
3. But if you think that this is just a small "upgrade" to your current job in terms of growth and money then stay where you are.
4. Because if ur new company applies for GC u will have a priority date of 2010 or 2011 EB-3. And even if ur wife applies next year for her GC thru employer whom she is yet to find, her priority date will be 2011 or even 2012 EB2. Both these options will take u 6-10 years down the GC pipelile... which is not so good..
5. You will get ur GC with current priority dates in 2011 or worst case 2012. Your wife will get GC too.. so no worries and both can work multiple jobs and make money..
Good luck with ur choice..
2. If they dont agree and If you really feel this is the job of your dream then go for new job and dont think..
3. But if you think that this is just a small "upgrade" to your current job in terms of growth and money then stay where you are.
4. Because if ur new company applies for GC u will have a priority date of 2010 or 2011 EB-3. And even if ur wife applies next year for her GC thru employer whom she is yet to find, her priority date will be 2011 or even 2012 EB2. Both these options will take u 6-10 years down the GC pipelile... which is not so good..
5. You will get ur GC with current priority dates in 2011 or worst case 2012. Your wife will get GC too.. so no worries and both can work multiple jobs and make money..
Good luck with ur choice..
eastindia
04-21 12:25 PM
I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
Dude you have good sense of humor.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
Dude you have good sense of humor.
more...
v2neha
04-25 11:26 AM
hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
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sammyb
03-24 08:37 PM
just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...
Thanks ... wil listen to it from home ...
Thanks ... wil listen to it from home ...
more...
EndlessWait
05-01 12:09 PM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
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walking_dude
01-30 11:46 AM
Thanks.
Also, E-mail them the IV Press Release too so that they understand that a whole community is impacted by the issue and there is an organization working on this issue. We are collecting stories from members and can provide to media if they contact us.
Anyone with licence rejection contact - vivek AT ImmigrationVoice DOT org
We want to get our issues covered by media. Everyone please help us get our DL issues covered by them.
Thanks again for doing the right thing.
Emailed Detroit News and Free Press
and NPR(Miradio.org)
Also, E-mail them the IV Press Release too so that they understand that a whole community is impacted by the issue and there is an organization working on this issue. We are collecting stories from members and can provide to media if they contact us.
Anyone with licence rejection contact - vivek AT ImmigrationVoice DOT org
We want to get our issues covered by media. Everyone please help us get our DL issues covered by them.
Thanks again for doing the right thing.
Emailed Detroit News and Free Press
and NPR(Miradio.org)
more...
kumjay
06-28 03:49 PM
It's 1947...Now we know not to listen to you :p
Yeh....1947. Sorry about that.....
Yeh....1947. Sorry about that.....
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Aah_GC
05-30 03:49 PM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.
more...
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prem_goel
12-03 10:17 PM
Thanks for the update. I have an appointment at Nogales in mid-Dec.
Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.
They gave the banamex draft for $151. It just looks like a normal receipt (like grocery store receipts in US). Why do you ask?
See my previous reply for supporting docs.
Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.
They gave the banamex draft for $151. It just looks like a normal receipt (like grocery store receipts in US). Why do you ask?
See my previous reply for supporting docs.
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ivar
02-07 09:43 AM
Congrats ivar - you are now a free man!!
My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.
GCHope2011, I haven't stopped contributing yet and planning to continue my contribution (Donation) for a while (maybe another 6 months). I have this habit of visiting IV everyday, so i am checking back today.
My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.
GCHope2011, I haven't stopped contributing yet and planning to continue my contribution (Donation) for a while (maybe another 6 months). I have this habit of visiting IV everyday, so i am checking back today.
more...
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GC_SUCK
11-02 11:03 AM
As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
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jungalee43
02-17 09:54 PM
That means his stand is not really tied to any issues surrounding the problem or its solution. It is pure politics. So for us he is another clone of Sen. Sessions. And obviously meeting, letter, flower or for that matter whatever we try is not going to work.
It has been tried, they are not open to talk
It has been tried, they are not open to talk
more...
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desi3933
02-04 04:47 PM
My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered......
Did she ever report for work for H-1B employer in 1998?
Was her original H1 visa cancelled or revoked?
Are 60 days up since her B1 visa entry?
Does she has valid job offer along with recent LCA?
If her H-1B visa number was re-used, she my be subject to H-1B visa cap.
____________________
Not a legal advice.
Did she ever report for work for H-1B employer in 1998?
Was her original H1 visa cancelled or revoked?
Are 60 days up since her B1 visa entry?
Does she has valid job offer along with recent LCA?
If her H-1B visa number was re-used, she my be subject to H-1B visa cap.
____________________
Not a legal advice.
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yodamom
August 27th, 2004, 08:08 AM
I agree with Anders - I want my phone and my camera to be separate. Picking up my phone to take a pic makes about as much sense to me as picking up my camera to call someone.
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Libra
08-10 04:02 PM
Thank you thescadaman :-)
tikka
06-22 09:39 AM
is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word
thanks
Your chest xray was negative so you are fine.
To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.
You need him to sign off on the results.
thanks
Your chest xray was negative so you are fine.
To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.
You need him to sign off on the results.
DDash
08-29 11:39 PM
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
Isnt recording conversations without the consent illegal? :confused:
Isnt recording conversations without the consent illegal? :confused:
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