greencardfever
09-09 11:16 PM
Hi,
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.
If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?
If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?
Any response will be greatly appreciated.
Thank you.
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.
If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?
If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?
Any response will be greatly appreciated.
Thank you.
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idli_vada
07-02 09:46 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
indyanguy
08-24 03:05 PM
In the past EB3 was eligible for PP before EB2 was eligible.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
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akmypoints
11-04 01:17 PM
anyone having inputs to the query below:
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
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STAmisha
07-27 10:10 AM
Thanks.
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
RajForGC
06-07 03:59 PM
Are they gonna talk or vote again on Immigrtaion today?
more...
anirudh74
05-06 12:24 PM
Expect wait time of 3-4 years.
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ArunAntonio
08-27 05:33 PM
Cant make it to the DC rally?
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
more...
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.
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perm2gc
08-28 10:41 AM
My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
The DOl might have overlooked your case and you got approved..your education no way fits with your employment AD. Have a serious discussion with your attroney and employer.
Good Luck!!!
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
The DOl might have overlooked your case and you got approved..your education no way fits with your employment AD. Have a serious discussion with your attroney and employer.
Good Luck!!!
more...
nashorn
12-12 01:25 AM
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
It's good to know.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
It's good to know.
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pete
05-04 01:54 PM
I had a rfe on my 140. About a degree from Bombay University. After the reply within 48 hours my case was approved.
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
more...
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ramus
06-11 07:40 PM
This is not good statement.
He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
We need more members and we can't run away our members with this kind of language.
Cut this crap of being positive!!!! A fool is a fool!!!
He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
We need more members and we can't run away our members with this kind of language.
Cut this crap of being positive!!!! A fool is a fool!!!
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perm
08-13 10:09 AM
This is nice. I am in too
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pp2007
11-15 11:14 AM
which city in TN?
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jliechty
May 18th, 2005, 07:45 AM
I just realized that I didn't explain what HDR is- The idea is to take a series of more or less 10 photos with different shuttle speeds and then composite them into one unique image that will capture all the light effect due of the high range of the natural light.
I know what HDR is, but your original question now doesn't seem to make any sense in light of what you just said now.
With that said, HDR works best with enough photos (no specific number necessary) to have well exposed highlights and shadows (start by underexposing your highlights and keep going up in exposure until your shadows are almost overexposed). From what I've read, the HDR plugin prefers the images to be separated by one stop, so on my camera that means three clicks over on the rear command dial if I'm set for 1/3rd stop increments. Setting your camera to 1/2 stop increments (maybe that's all the D100 can do, I can't remember) will let you get from one end of the scale to the other more quickly.
I know what HDR is, but your original question now doesn't seem to make any sense in light of what you just said now.
With that said, HDR works best with enough photos (no specific number necessary) to have well exposed highlights and shadows (start by underexposing your highlights and keep going up in exposure until your shadows are almost overexposed). From what I've read, the HDR plugin prefers the images to be separated by one stop, so on my camera that means three clicks over on the rear command dial if I'm set for 1/3rd stop increments. Setting your camera to 1/2 stop increments (maybe that's all the D100 can do, I can't remember) will let you get from one end of the scale to the other more quickly.
more...
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chanduv23
10-13 08:49 AM
guess we are the only two on this thread .. isn't there anyone else in LI ... :confused:
We have people. Looks like there is a communication gap here, many people do not visit IV site that often.
Mobilizing upstate and Long Island is my next priorities.
New Jersey is picking up. It went down completely few months back but is now jumping back
Connecticut is also reviving - We have some very dedicated members in this area working extremely hard to mobilize this chapter
We have people. Looks like there is a communication gap here, many people do not visit IV site that often.
Mobilizing upstate and Long Island is my next priorities.
New Jersey is picking up. It went down completely few months back but is now jumping back
Connecticut is also reviving - We have some very dedicated members in this area working extremely hard to mobilize this chapter
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davestar
09-04 04:48 AM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
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sparky_jones
05-07 12:23 PM
Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
CRAZYMONK
08-18 08:54 AM
Gurus,
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
Please advise me what to next..! Is there any chance of a positive result.?
IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?
Thank you..
Rgds,
Raju
So its not denied. They are asking you to provide more documentation. MTR is not necessary
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
Please advise me what to next..! Is there any chance of a positive result.?
IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?
Thank you..
Rgds,
Raju
So its not denied. They are asking you to provide more documentation. MTR is not necessary
Lasantha
04-01 05:46 PM
I agree 100%
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
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