digital2k
08-06 12:44 PM
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desi3933
05-20 09:51 PM
...........
Is it possible to have EB2 category and old priority date without refiling new I-140?
No. You need 2 (or more) approved I-140s to port PDs.
__________________
Not a legal advice.
Is it possible to have EB2 category and old priority date without refiling new I-140?
No. You need 2 (or more) approved I-140s to port PDs.
__________________
Not a legal advice.
shana04
01-15 09:26 AM
Today me and my wife got our CPO emails. Mine was filed in Eb3 and my wife's was in Eb2. I got my approved though my wife.
I've been in US for 10 years... now i've two things to do
Foremost congrats.
I am happy that at least some of our friends are getting greened.
Good luck on your future!
I've been in US for 10 years... now i've two things to do
Foremost congrats.
I am happy that at least some of our friends are getting greened.
Good luck on your future!
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GCard_Dream
03-15 11:40 AM
Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same.
If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different.
Would you please give me as much info as you can cause I am seriously thinking about this option.
Thanks in advance.
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different.
Would you please give me as much info as you can cause I am seriously thinking about this option.
Thanks in advance.
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
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san3297
11-10 07:33 PM
I called USCIS but they are just saying send all the docs as stated in the RFE. Seems dont have any option other than sending originals. The search for this kind of RFEs yielded no results.
chaks7
01-20 11:24 AM
My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.
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prav27
07-09 12:33 PM
We got RFE for my wife case too but it specifically mentioned that in the submitted report it was not cleraly mentioned if the skin test was done and so new medical form with TB Skin test( last time the Doctor just did the x-ray) needs to be submitted
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wandmaker
09-03 03:33 PM
what if the company revokes the I140 ??? Do i still hold the original priority date . I have checked out various forums and it seems there seems to be some confusion regarding the I140 revocation aspect.
Any pointers would be highly appreciated-
thnx
-A
You loose your PD. BTW, please update your profile.
Any pointers would be highly appreciated-
thnx
-A
You loose your PD. BTW, please update your profile.
more...
shana04
06-22 05:04 PM
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Really good one!
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Really good one!
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eb2_mumbai
10-20 09:35 PM
First of all I am not going to judge you by your actions because I do not know the full story of why you did it.
Now coming back to your question. There are few things you need to do.
1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you
2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.
My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.
Now coming back to your question. There are few things you need to do.
1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you
2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.
My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.
more...
optimist578
12-28 09:51 AM
To my understanding, if a person holding EAD is allowed to change jobs, he is not really tied to any particular employer. But the job description according to the I-485 form should hold true to anything you do till it is approved.
I am not sure if you can take a leave of absence, though. My hunch, would be 'no'. I am also in a similar situation and looking for some advice. Let me know, if you find an answer.
Thank You.
All the gurus on this forum,
I have this questions and I have feeling some of you are considering doijng this;;;;
My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
IF my employer gives me Pesonal Leave of Abscene for one year....without pay
can I take off for studies without impacting the GCprocess?
Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..
I would love to connect to anyone who is similar situation......
PLEASE respond
:(
I am not sure if you can take a leave of absence, though. My hunch, would be 'no'. I am also in a similar situation and looking for some advice. Let me know, if you find an answer.
Thank You.
All the gurus on this forum,
I have this questions and I have feeling some of you are considering doijng this;;;;
My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
IF my employer gives me Pesonal Leave of Abscene for one year....without pay
can I take off for studies without impacting the GCprocess?
Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..
I would love to connect to anyone who is similar situation......
PLEASE respond
:(
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chakalov
09-19 07:40 PM
here is the deal:
if Durbin wants to pass the DREAM act he will need Cornyn support. If Cornyn wants to pass his SKILL act he will need Durbin support. Now we all know that on its own Cornyn will never support the DREAM act and Durbin will never support the SKILL bill. The question is will they be able to cut a deal and support each others bills. The answer is maybe. Note that about a month ago there was a vote on the SKILL bill and it didnt pass simply because no Democrat voted for it. It is not because no democrat supports the bill but because of partisan tactics. There was simply no bill on the Democrats side to offset the Cornyn amedment so they decided to bring it down. Now the sitiations is different. There is a Democratic bill that can make up for the SKILL bill. So if the DREAM act passes there is pretty good chance for the SKILL act will pass too.
if Durbin wants to pass the DREAM act he will need Cornyn support. If Cornyn wants to pass his SKILL act he will need Durbin support. Now we all know that on its own Cornyn will never support the DREAM act and Durbin will never support the SKILL bill. The question is will they be able to cut a deal and support each others bills. The answer is maybe. Note that about a month ago there was a vote on the SKILL bill and it didnt pass simply because no Democrat voted for it. It is not because no democrat supports the bill but because of partisan tactics. There was simply no bill on the Democrats side to offset the Cornyn amedment so they decided to bring it down. Now the sitiations is different. There is a Democratic bill that can make up for the SKILL bill. So if the DREAM act passes there is pretty good chance for the SKILL act will pass too.
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dingox100
04-20 08:44 PM
my EAD is about to expire on may 6th. I applied for EAD renewal in january , i had around 90 days. My application package along with the cheque came back to me after 1month because I forgot to sign the application form.. Dumb right....
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
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Anders �stberg
June 16th, 2005, 09:29 AM
These look fine on my editing PC but are too dark on my work PC...
...how's it look where you're at? :)
Also, the second picture is uncropped from the camera, I kind of like the frame
the background creates, but do you think it should be cropped tighter?
http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9175_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25912/cat/647) http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9169_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25919/cat/647)
...how's it look where you're at? :)
Also, the second picture is uncropped from the camera, I kind of like the frame
the background creates, but do you think it should be cropped tighter?
http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9175_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25912/cat/647) http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9169_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25919/cat/647)
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adde72
02-12 07:03 PM
My H1 is expiring on 20 June 2007 along with my wife's H4. My employer is planning to apply extension only in the month of June 2007 .
However I am planning to apply a new H1 ( H4 -H1 status change) for my wife on April 1 2007 .
1) If H4 extension is filed in June which one will USICS considers ?
2) If H1B gets approved first and later H4 ext which I-94 will take precedence ? 3) Whether she can work from Oct 1 2007 or needs to go out of country and needs to get Visa stamped ?
4) Any petition can we make to the USICS ?
Thanks for your replies
ASR
However I am planning to apply a new H1 ( H4 -H1 status change) for my wife on April 1 2007 .
1) If H4 extension is filed in June which one will USICS considers ?
2) If H1B gets approved first and later H4 ext which I-94 will take precedence ? 3) Whether she can work from Oct 1 2007 or needs to go out of country and needs to get Visa stamped ?
4) Any petition can we make to the USICS ?
Thanks for your replies
ASR
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logiclife
03-28 01:40 PM
This is already IV's number one priority on the goals of this org and we are trying to translate this goal and other goals into legislation.
Remember, everyone in the core group also wants this as this can be the life-saver of every person since EAD allows us to have a safety net after you have finished 6 years on H1.
--Jay.
Remember, everyone in the core group also wants this as this can be the life-saver of every person since EAD allows us to have a safety net after you have finished 6 years on H1.
--Jay.
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nissan_1
03-31 11:51 AM
What happens if your previous employer cancel the approved I140 before the new company files the for I140. I think you need at least 7-8 months to get Labor approved. I am pretty sure by that time, the old employer will cancel the approved I140. I am taking about big Consulting companies here where you can not negotiate to keep the I140 open after you resign.
Thanks in advance
Dear Attorney,
Thanks alot for taking your valuable time suggesting us on this issue.
I appreciate your help.
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Thanks in advance
Dear Attorney,
Thanks alot for taking your valuable time suggesting us on this issue.
I appreciate your help.
This information is very much helpful.
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patelkirti
04-17 02:40 PM
It's alright abt the red dot. Is there a way I can find out who gave it to me? Just curious!
Thanks guyz for helping out!
Thanks guyz for helping out!
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syzygy
06-17 01:37 AM
I am in same boat. Very concerned what will happen. Do you have interaction / advise from any lawyer?
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
return_to_india
01-19 05:34 PM
Is $500 what your wife pays from her pocket (and employer pays the rest) or is this the actual cost of buying insurance?
In the former case, expect the actual cost under COBRA to be significantly higher.
I think you mixed part of reply with "chaks7" info.
I pay $500 . Don't know how much the employer pays.
In the former case, expect the actual cost under COBRA to be significantly higher.
I think you mixed part of reply with "chaks7" info.
I pay $500 . Don't know how much the employer pays.
chi_shark
07-28 03:23 PM
is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!
Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
Do you think something is cooking? ;)
Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
Do you think something is cooking? ;)
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