myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
ashwaghoshk
08-18 01:40 PM
@ Meet
You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.
Hope that helps.
You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.
Hope that helps.
GotGC??
01-22 12:52 PM
Those numbers would be correct as of 2nd half of 2004, I think. I got it from a Labor Cert discussion thread (from immigrationportal.com) around that time.
like the url of the site you read it at? I am wondering when those numbers were published -- i mean which year they were published? was there any mention of how many applications are still pending at bec?
like the url of the site you read it at? I am wondering when those numbers were published -- i mean which year they were published? was there any mention of how many applications are still pending at bec?
logiclife
06-20 02:26 PM
:( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.
I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.
However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.
Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.
PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.
There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.
I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.
However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.
Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.
PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.
There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.
more...
a1b2c3
10-02 11:22 AM
SUMMARY: In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate
three legacy record systems: Justice/INS-013 INS Computer Linked
Application Information Management System (CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned Naturalization Application Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS-033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of Homeland Security/United States Citizenship and Immigration Services system of records notice titled, United States Citizenship and Immigration Services Benefits Information System. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department's immigration petition and application information record systems. This system will be included in the Department's inventory of record systems.
DATES: Written comments must be submitted on or before October 29,
2008. This new system will be effective October 29, 2008.
__________________
three legacy record systems: Justice/INS-013 INS Computer Linked
Application Information Management System (CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned Naturalization Application Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS-033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of Homeland Security/United States Citizenship and Immigration Services system of records notice titled, United States Citizenship and Immigration Services Benefits Information System. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department's immigration petition and application information record systems. This system will be included in the Department's inventory of record systems.
DATES: Written comments must be submitted on or before October 29,
2008. This new system will be effective October 29, 2008.
__________________
leo2606
06-15 09:00 AM
Are you kidding, why are you giving wrong direction.
Call USCIS and tell them you have not received your green cards yet..
Call USCIS and tell them you have not received your green cards yet..
more...
Sakthisagar
05-19 11:20 AM
Who has told you that he is on H1B. He could be on L1B also. Anyone can qualify under L1B.
TO NID
I think it's best to get an evaluation from wes.org and then go to the university to know how many credits you can get through this evaluation.
TO SUVA
No body told me it's common sense dude.. look at his profile EB3 India.. Jun 03 waiting for I-485, best person is NID who can answer. I dont expect a clarification from you SUVA. becaue you are also ignrant about whether he is L1 or H1B??? right
TO NID
I think it's best to get an evaluation from wes.org and then go to the university to know how many credits you can get through this evaluation.
TO SUVA
No body told me it's common sense dude.. look at his profile EB3 India.. Jun 03 waiting for I-485, best person is NID who can answer. I dont expect a clarification from you SUVA. becaue you are also ignrant about whether he is L1 or H1B??? right
gc_chahiye
07-19 01:55 AM
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-4.html
Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?
There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.
Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?
There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.
more...
pappu
11-21 12:27 PM
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
No There is already a backlog of such amnesty turkeys from past years. They are all stuck in name checks.:D:D
No There is already a backlog of such amnesty turkeys from past years. They are all stuck in name checks.:D:D
snathan
12-02 07:03 PM
See reply in red
The bill also says...
1. The illegal's application needs to be processed expeditiously.
2. The USCIS can not increase the fee for that
Means...the 2 million illegals will be put ahead of the legals who are rotting in line for years. To process these docs, USCIS needs more resource and needs to hire more people but they can not increase the fee. So USCIS will come after the legals and increase their fee. These democrats wants to rob legals and reward illegas.
and you are hoping once this bill passed they will consider us...YOU MADE MY DAY.
so WTFs
The bill also says...
1. The illegal's application needs to be processed expeditiously.
2. The USCIS can not increase the fee for that
Means...the 2 million illegals will be put ahead of the legals who are rotting in line for years. To process these docs, USCIS needs more resource and needs to hire more people but they can not increase the fee. So USCIS will come after the legals and increase their fee. These democrats wants to rob legals and reward illegas.
and you are hoping once this bill passed they will consider us...YOU MADE MY DAY.
so WTFs
more...
piyu7444
07-22 05:57 PM
Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....
It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.
THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here
Apart from peace of mind is there any other advantage to be on h status?
If I only have AP and no h1b stamp then is there any harm in entering using AP and then continue working on h1b (informing the employer) ?
I am not scared of the situation -''what happens if GC is denied'' but still would want a h stamp as AP is a lot of hassle.
It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.
THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here
Apart from peace of mind is there any other advantage to be on h status?
If I only have AP and no h1b stamp then is there any harm in entering using AP and then continue working on h1b (informing the employer) ?
I am not scared of the situation -''what happens if GC is denied'' but still would want a h stamp as AP is a lot of hassle.
snathan
12-09 10:52 AM
Hi
Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
Thanks,
Thanks for letting us know...
Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
Thanks,
Thanks for letting us know...
more...
abdulazeez77
08-14 07:13 PM
Should I send my orginal I-797 with her or just the copy?
redcard
09-13 02:33 PM
Started this thread just to encourage us after oct bulletin:
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
After october visa bulletin.. start predictions for Nov Bulletin or may be for Oct 2007 bulletin..:D
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
After october visa bulletin.. start predictions for Nov Bulletin or may be for Oct 2007 bulletin..:D
more...
Adam
08-20 01:03 PM
That is awesome and hilarious. Instantly my fav smily (bumping :trout: )
looks like we have a winner!! Temp, I say you take a shot at the Ya' RLY one as well - you might surprise yourself!
looks like we have a winner!! Temp, I say you take a shot at the Ya' RLY one as well - you might surprise yourself!
TO BE OR NO TO BE
10-21 04:19 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
more...
nixstor
08-23 11:10 PM
You are not the only one to get that message. Info pass appointments are tough to get now. Check during odd hours. I finally found one after hours. ASC's are NOT the same as Field offices. Also Some Field offices require you to show the corresponding state drivers license.
ampudhukode
03-24 03:04 PM
Hello All,
Had a qstn. Is it good enough to take just the offer letter from the current co and latest paystub to the consulate in Chennai to stamp H1B ? Its for a friend of mine and he is a first time H1B applicant. Problem is if he puts in a req to the HR for exp letter they will ask him a reason and the reason will be printed on top of the letter, and obviously he cant ask for a letter to US consulate for H1B since they will come to know he has intentions to leave.
I am sure a lot of people would have been in similar situation. Did not find any other thread that discussed this issue, so in case there is one please point it out to me otherwise any suggestions would eb welcome.
Thanks,
ampudhukode
Had a qstn. Is it good enough to take just the offer letter from the current co and latest paystub to the consulate in Chennai to stamp H1B ? Its for a friend of mine and he is a first time H1B applicant. Problem is if he puts in a req to the HR for exp letter they will ask him a reason and the reason will be printed on top of the letter, and obviously he cant ask for a letter to US consulate for H1B since they will come to know he has intentions to leave.
I am sure a lot of people would have been in similar situation. Did not find any other thread that discussed this issue, so in case there is one please point it out to me otherwise any suggestions would eb welcome.
Thanks,
ampudhukode
GoRedSox2007
11-29 12:50 PM
Saurav,
I also noticed the same. On 11/25, there was a new LUD on my case. But again on 11/27 I had new LUD and this time I received a email from USCIS that my card has been ordered. But my wife's status is as it is, her LUD is still 11/25.
Hope this helps.
I also noticed the same. On 11/25, there was a new LUD on my case. But again on 11/27 I had new LUD and this time I received a email from USCIS that my card has been ordered. But my wife's status is as it is, her LUD is still 11/25.
Hope this helps.
FinalGC
08-15 09:28 AM
I used to work for Claremont Tech and later CBSI purchased them. CBSI had to do a transfer of H1b and I did get a new H1 Make sure you follow up with your lawyers and have them do a new h1. Also keep all records like newspaper clippings and web postings of this new purchase, so that if ever you need to prove to USCIS that you are in the same company, you would have all documentation to prove it.
I would wait for sometime, until the dust settles in your new B company before you move to C
I would wait for sometime, until the dust settles in your new B company before you move to C
FredG
July 18th, 2004, 07:34 PM
First I want to learn to take more pictures. I never seem to have the urge, opportunity and camera all in the same place at the same time.
I also would like to learn what to take pictures of. I am obviously limited by the capabilities of my Cybershot and circular polarizer. What kinds of photographs, subjects and conditions should I concentrate on so that I can take pictures I will be pleased with?
I live in Houston.
BrandonYou have to provide the motivation. The opportunity is everywhere you look.
You will do best taking pictures of things you like. You will put more of yourself into it, and it will show. Whatever equipment you have is sufficient to start climbing that learning curve. When you outgrow it, you will know it and upgrade.
Houston? Sorry, I didn't read your profile earlier. We just happen to call the same town home. Let's hook up some time. Send me a PM.
I also would like to learn what to take pictures of. I am obviously limited by the capabilities of my Cybershot and circular polarizer. What kinds of photographs, subjects and conditions should I concentrate on so that I can take pictures I will be pleased with?
I live in Houston.
BrandonYou have to provide the motivation. The opportunity is everywhere you look.
You will do best taking pictures of things you like. You will put more of yourself into it, and it will show. Whatever equipment you have is sufficient to start climbing that learning curve. When you outgrow it, you will know it and upgrade.
Houston? Sorry, I didn't read your profile earlier. We just happen to call the same town home. Let's hook up some time. Send me a PM.