Hermione
09-20 01:42 PM
And what is the message again? You are leagal and highly skilled? Good for you! Now I am going to go and attend to more urgent matters.
The message should be a call for action and it should be shorter.
Raise EB quotas! Exempt derivatives from quotas!
That would qualify as a message in my mind. It's positive, it's actionable, and it is clear.
The message should be a call for action and it should be shorter.
Raise EB quotas! Exempt derivatives from quotas!
That would qualify as a message in my mind. It's positive, it's actionable, and it is clear.
sathishav
03-01 02:07 PM
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
ivuser
02-20 12:08 PM
1.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
Green_Print
07-09 11:59 PM
If people decide to contact the hospital (personnel & patients), lets be considerate, appreciative and sympathetic to their sacrifices and contributions.
We can extend our gratitude towards them while politely highlighting our cause and unfortunate situation.
They'd probably realize that the flowers they are receiving is not because of USCIS is heartfelt sentiments' for them but due to a mere face saving tactic, they might even refuse accepting flowers causing further embarrasment to USCIS hopefully prompting some constructive action.
Guys, please post your comments as we need to act on this fast.
Its pleasant to hear that USCIS will forward the flowers sent by IV members to Walter Reed Army Medical Center, and Bethesda Naval Hospital. This is an excellent idea. However the people who fought for freedom, and are recovering at these hospitals should know: what these flowers are all about and who is sending them.
We should write emails to these hospitals to educate them about this flower campaign and urge them to accept the flowers and support our just cause. Please suggest a good template for the email, supporting our troops and asking them to support us. IV core should help with this and co-ordinate this event. This can become a next step in our peaceful protest against USCIS. If we can gather the support fom these hospitals that would be a major success. After this email campaign, hospitals may accept or reject the flowers forwarded by USCIS, but we will score a major win in either case. This will become our second round of publicity in media for our flower campaign. Please comment on this idea.
Please find the web site and contact emails for both the hospitals:
1. Walter Reed Army Medical Center
http://www.wramc.amedd.army.mil/
On the botton right corner, there is a link: Email the Hospital
2. Bethesda Naval Hospital.
http://www.bethesda.med.navy.mil/
Email link: http://www.bethesda.med.navy.mil/Visitor/Contact_Info/ContactForm.aspx?ca=2
We can extend our gratitude towards them while politely highlighting our cause and unfortunate situation.
They'd probably realize that the flowers they are receiving is not because of USCIS is heartfelt sentiments' for them but due to a mere face saving tactic, they might even refuse accepting flowers causing further embarrasment to USCIS hopefully prompting some constructive action.
Guys, please post your comments as we need to act on this fast.
Its pleasant to hear that USCIS will forward the flowers sent by IV members to Walter Reed Army Medical Center, and Bethesda Naval Hospital. This is an excellent idea. However the people who fought for freedom, and are recovering at these hospitals should know: what these flowers are all about and who is sending them.
We should write emails to these hospitals to educate them about this flower campaign and urge them to accept the flowers and support our just cause. Please suggest a good template for the email, supporting our troops and asking them to support us. IV core should help with this and co-ordinate this event. This can become a next step in our peaceful protest against USCIS. If we can gather the support fom these hospitals that would be a major success. After this email campaign, hospitals may accept or reject the flowers forwarded by USCIS, but we will score a major win in either case. This will become our second round of publicity in media for our flower campaign. Please comment on this idea.
Please find the web site and contact emails for both the hospitals:
1. Walter Reed Army Medical Center
http://www.wramc.amedd.army.mil/
On the botton right corner, there is a link: Email the Hospital
2. Bethesda Naval Hospital.
http://www.bethesda.med.navy.mil/
Email link: http://www.bethesda.med.navy.mil/Visitor/Contact_Info/ContactForm.aspx?ca=2
more...
glus
02-05 02:16 PM
This rule is NOT yet in place. Please be careful when posting such messages. This 45-day rule was barely proposed. The bottom line is that if your I140 with the old priority date was approved and not canceled due to mispresentation or froud, you can port the old priority date when applying for the new I140.
G
G
Pallavi79
02-10 10:35 PM
I spend lot of time to check status, emails, news.
If I spend the same time in my career, I could have got my GC in EB1 or atleast I could have returned my home with lot better savings & good career back at the home country :rolleyes::rolleyes::rolleyes::rolleyes:
If I spend the same time in my career, I could have got my GC in EB1 or atleast I could have returned my home with lot better savings & good career back at the home country :rolleyes::rolleyes::rolleyes::rolleyes:
more...
ss1026
09-25 09:17 AM
Thank you "boreal" for the answer.
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
theoyilma
09-10 03:03 PM
Thanks dummgelauft
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
more...
uslegals
11-12 08:59 AM
thanks desertfox ! i I did apply before July 30, 2007 (recd. date for 485 is 7/17/07) which means that i do have to pay the fees for AP. I will go ahead and apply online.
Enjoy the weekend!
Enjoy the weekend!
eb3retro
01-07 05:46 PM
thanks a lot folks. that was great info. thanks to everyone who responded. still did not make up my mind if i have to go ahead with claiming UB.
more...
GCwaitforever
10-16 05:07 PM
$500000 in a federally designated low employment area. $1 Million else where.
Asfandyar
09-02 06:40 PM
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "
Senate Judiciary Committee
Subcommittee on Immigration, Border Security, and Citizenship
--------------------------------------------------------------------------
DATE: August 31, 2006
TIME: 09:00 AM
ROOM: University of Texas at Dallas
OFFICIAL HEARING NOTICE / WITNESS LIST:
NOTICE OF SUBCOMMITTEE FIELD HEARING
The Senate Committee on the Judiciary Subcommittee on Immigration, Border Security and Citizenship has scheduled a hearing on "U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers" for Thursday, August 31, 2006 at 9:00 a.m. at the University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, TI Foundation Auditorium, Building ECSS, Richardson, TX.
Senate Judiciary Committee
Subcommittee on Immigration, Border Security, and Citizenship
--------------------------------------------------------------------------
DATE: August 31, 2006
TIME: 09:00 AM
ROOM: University of Texas at Dallas
OFFICIAL HEARING NOTICE / WITNESS LIST:
NOTICE OF SUBCOMMITTEE FIELD HEARING
The Senate Committee on the Judiciary Subcommittee on Immigration, Border Security and Citizenship has scheduled a hearing on "U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers" for Thursday, August 31, 2006 at 9:00 a.m. at the University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, TI Foundation Auditorium, Building ECSS, Richardson, TX.
more...
doshhar
09-24 11:37 PM
I am a July 2nd filler and I didn't get any updates yet.
My I-140 got approved from Texas center and my LUD is 08/05.
What are we trying to analyze here?
My I-140 got approved from Texas center and my LUD is 08/05.
What are we trying to analyze here?
Sandeep
02-01 10:00 AM
http://www.businessweek.com/bwdaily/dnflash/feb2006/nf2006021_1615_db038.htm
"Immigration. Despite intense pressure from social conservatives and conservative GOP populists, Bush stood firm against immigration restrictions that cut off economic opportunities for all newcomers. "We hear claims that immigrants are somehow bad for the economy, even though this economy could not function without them," he told lawmakers, some of whom are pushing immigration law changes that Bush opposes.
Such talk is music to the ears of businesses that rely on immigrant labor. But the President will have to hang tough to avoid tough immigration restrictions sought by his party's right wing. "
http://www.competeamerica.org/news/alliance_pr/20060131_state_union.html
"President Bush understands that continued American economic leadership is not a birthright. We must do everything we can to keep our workforce competitive. This includes a commitment to better math and science education, new worker training programs and improved access to highly educated foreign workers," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair.
"Immigration. Despite intense pressure from social conservatives and conservative GOP populists, Bush stood firm against immigration restrictions that cut off economic opportunities for all newcomers. "We hear claims that immigrants are somehow bad for the economy, even though this economy could not function without them," he told lawmakers, some of whom are pushing immigration law changes that Bush opposes.
Such talk is music to the ears of businesses that rely on immigrant labor. But the President will have to hang tough to avoid tough immigration restrictions sought by his party's right wing. "
http://www.competeamerica.org/news/alliance_pr/20060131_state_union.html
"President Bush understands that continued American economic leadership is not a birthright. We must do everything we can to keep our workforce competitive. This includes a commitment to better math and science education, new worker training programs and improved access to highly educated foreign workers," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair.
more...
Canadian_Dream
11-02 01:03 PM
Berry, Appleman & Leiden LLP is probably the best immigration law firm in West Coast.
http://www.usabal.com/
In case you don't about the class action law suit of Chintakuntla et al. v. INS, please check the link:
http://www.immigrationlinks.com/news/news269.htm
http://www.usabal.com/
In case you don't about the class action law suit of Chintakuntla et al. v. INS, please check the link:
http://www.immigrationlinks.com/news/news269.htm
logiclife
04-08 12:15 PM
I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.
If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.
Doesnt the ombudsman report show all numbers even today? I thought they did.
If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.
Doesnt the ombudsman report show all numbers even today? I thought they did.
more...
srini1976
07-09 08:14 AM
If you havent already seen threads here about how bad the desi employers here in US can be, companies like Satyam, Infosys who are based in India have even worst reputation..they pay indian salaries and expect round the clock work including weekends..and ofcourse no pay..working at McDonalds is probably a better option than these companies...
I had a very bad experience working for one of those companies and many more friends had similar experience.
You are absolutely right my friend. And its certainly a better option to work at McDonalds :)
I had a very bad experience working for one of those companies and many more friends had similar experience.
You are absolutely right my friend. And its certainly a better option to work at McDonalds :)
pappu
11-30 06:15 PM
Guys,
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
You need to invoke IV-21 :D
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
You need to invoke IV-21 :D
bertasek
11-18 08:32 PM
Swift 3D v2
waitingimmigrant
10-21 05:12 PM
thanks sandy and everybody... GCOP thanks for finding that info...
hope they look at it and take it forward anytime between now
and early/mid december... good luck all ....
hope they look at it and take it forward anytime between now
and early/mid december... good luck all ....
GotGoose?
04-08 05:10 PM
I took your advice frost and changed each accordingly.
Hopefully, they look at least a little better
Hopefully, they look at least a little better
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