desi3933
03-03 11:54 AM
Thank you Desi!
Man, that is one heck of confusing language, I am still trying to understand it.
Main line is this -
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.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
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.
__________________
Not a legal advice.
Man, that is one heck of confusing language, I am still trying to understand it.
Main line is this -
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.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
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.
__________________
Not a legal advice.
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agpg
08-08 01:15 PM
Just had an infopass appointment.
Me: Can you tell us the status of our 485s?
I/O: Name checks are pending for both
Me: Do you know when they were started?
I/O: At the time your application was submitted (duh!)
Me: Would our applications still be processed?
I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
Me: Are they assigned to an officer?
I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
Me: When do our fingerprints expire?
I/O: blank
I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.
Which area's infopass center is this? Was the officer friendly?
Me: Can you tell us the status of our 485s?
I/O: Name checks are pending for both
Me: Do you know when they were started?
I/O: At the time your application was submitted (duh!)
Me: Would our applications still be processed?
I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
Me: Are they assigned to an officer?
I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
Me: When do our fingerprints expire?
I/O: blank
I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.
Which area's infopass center is this? Was the officer friendly?
Suva
10-02 02:25 PM
What was the reason behind the RFE?
I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
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reddymjm
12-17 03:53 PM
New job must match the LC...that's the trick. If it doesn't, it will get rejected and potentially, GC denied.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
It is risky.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
It is risky.
more...
CaliGC
06-14 09:02 PM
Friends,
Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.
PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.
TIA.
Please see my Signature below for info regarding me.
EB3/VSC/India
PD July 2004
140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
EAD1 Approved:11/22/2004
AP1 Approved:11/23/2005
140 Approved:2/1/2005
EAD2 RD: 10/06/05 AD: 10/25/05
AP2 RD: 10/06/05 AD:10/31/05
EAD3 RD 7/7/2006 AD: 7/27/06
FP1 - 03/10/05
FP2 4/25/07
SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
SPOUSE Name Check Cleared!!!: Mar. 2006
Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.
PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.
TIA.
Please see my Signature below for info regarding me.
EB3/VSC/India
PD July 2004
140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
EAD1 Approved:11/22/2004
AP1 Approved:11/23/2005
140 Approved:2/1/2005
EAD2 RD: 10/06/05 AD: 10/25/05
AP2 RD: 10/06/05 AD:10/31/05
EAD3 RD 7/7/2006 AD: 7/27/06
FP1 - 03/10/05
FP2 4/25/07
SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
SPOUSE Name Check Cleared!!!: Mar. 2006
b_boy
10-14 02:43 PM
Basic Thumb rule is none of the insurance for visitors cover any pre-existing conditions, so the insurance you buy mainly covers accidental injuries (falling down from stairs / falling in bath tub / auto accident etc.) and bare minimal medical illness (very basics such as fever / cold etc. believe me if it's some thing else the doctors would relate it to a pre-existing condition)
you have 2 types, one is comprehensive coverage just like how it works for you and me and the other is limited coverage, neither of the coverage cover any pre-existing conditions.
you can go the links suggested which gives more info, think twice if you want to get it from India, my friend had a very bad experience with claims from one of the Indian insurance providers.
you have 2 types, one is comprehensive coverage just like how it works for you and me and the other is limited coverage, neither of the coverage cover any pre-existing conditions.
you can go the links suggested which gives more info, think twice if you want to get it from India, my friend had a very bad experience with claims from one of the Indian insurance providers.
more...
jonty_11
07-16 07:09 PM
It would help if you guys provide ur PDs to get an idea what PD folks are getting CP interview calls?
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PALLO
04-21 01:51 PM
[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
what kind of evidence you need to provide to show the intention that you will move back to the original location!
what kind of evidence you need to provide to show the intention that you will move back to the original location!
more...
chanduv23
01-04 12:01 PM
Looks promising
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smisachu
05-13 03:51 PM
[QUOTE=michael_trs;1852366]Smisachu, I agree, I need to add alternative education� thank you for your advice.
What about �requirements normal for the occupation� is this Yes or No for Master's + 5 years ?
What is your experience?[/QUOTE
Yes. That's a little dicy for Software Developer. Maybe you work in a sepcific skill and can elaborate on that.
For me I work in a field with very specific skills and my Job title was also more specific than this. We put MS+3 and that 3 years have to be spent working in one particular area and must have acquired a set of specific skills. So the requirements for my occupation were normal and we said yes.
What about �requirements normal for the occupation� is this Yes or No for Master's + 5 years ?
What is your experience?[/QUOTE
Yes. That's a little dicy for Software Developer. Maybe you work in a sepcific skill and can elaborate on that.
For me I work in a field with very specific skills and my Job title was also more specific than this. We put MS+3 and that 3 years have to be spent working in one particular area and must have acquired a set of specific skills. So the requirements for my occupation were normal and we said yes.
more...
joydiptac
06-21 01:48 PM
By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
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pnjbindia
10-08 03:46 PM
There is no way to delay it. The only thing you could have done was, NOT send a document like employment letter, or didnt complete all vaccinations for medical. This wd generate an RFE, but at least wdnt catch you by surprise....
No. Is there any way to get it delayed till my marriage ?
No. Is there any way to get it delayed till my marriage ?
more...
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ds37
07-16 10:50 AM
You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).
Thanks A lot Dealsnet.
DS
Thanks A lot Dealsnet.
DS
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nomorelogins
03-25 04:09 PM
just remember to keep off any bread that has poppy seeds in it
:eek:
:eek:
more...
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vandanaverdia
09-11 11:59 AM
Guys, there is a fund drive for 30k in 8 days, please help us to achieve the goal and contribute. 18k more to go.
Help IV help you...
Come to DC....
Help IV help you...
Come to DC....
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LOL123
02-14 08:55 AM
Thank You All for the suggestions.
more...
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kavita_abb
10-10 02:15 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
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gc28262
02-11 12:43 PM
My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.
I had the same issue after filing concurrently in July 2007. My I-140 could not be found on CRIS. Finally towards end of Dec 2007, it showed up.
My attorney advised not to care about the online status as we had the receipt copy with us.
I had the same issue after filing concurrently in July 2007. My I-140 could not be found on CRIS. Finally towards end of Dec 2007, it showed up.
My attorney advised not to care about the online status as we had the receipt copy with us.
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gc_coming
07-18 07:04 PM
This is what my lawyer says : "When the I-140 is already approved, there is no need to submit such letter.
Only in the rare event that you have an interview at the time of
adjudication of your I-485, then you must bring a recently dated letter
stating such only for the purpose to reaffirm what they have already
approved on the I-140. Interviews for Employment based cases are issued
randomly. There is no reason to worry about this." Is it correct ?
Only in the rare event that you have an interview at the time of
adjudication of your I-485, then you must bring a recently dated letter
stating such only for the purpose to reaffirm what they have already
approved on the I-140. Interviews for Employment based cases are issued
randomly. There is no reason to worry about this." Is it correct ?
meridiani.planum
04-06 02:24 AM
I believe the general line of thought is any time between 6 to 12 months.
But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.
But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.
But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
we_r_d_world
10-19 12:30 PM
Look at the profile...... join date and no. of posts.
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