gotgc?
08-13 11:15 AM
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
Hi ,
thanks for your quick response...I understand that one LC cannot produce 2 GC..when you say uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006, is it possible? I am really worried about my AOS...how can I verify that my I-485 is replaced with my original I-140? would infopass apponitment help?
Because, since the decision has not yet come on my pending LC Sub I-140, am worried in future, it might be rejected and hence the I-485 as well be rejected....
Hi ,
thanks for your quick response...I understand that one LC cannot produce 2 GC..when you say uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006, is it possible? I am really worried about my AOS...how can I verify that my I-485 is replaced with my original I-140? would infopass apponitment help?
Because, since the decision has not yet come on my pending LC Sub I-140, am worried in future, it might be rejected and hence the I-485 as well be rejected....
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factoryman
06-30 10:46 AM
and do it in PM. Someone asked is in a situation due to the attorney. He didn't seek or initiate LS.
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
ivar
04-29 04:35 PM
Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
Crazyghoda,
I am still waiting for my PERM but i had talked to my attorney regarding porting of my old priority date he says i will have to wait till i get my new I-140 approved. I am not sure how should i convince him to file I-140 and priority porting application together once i get my PERM approval. I need some strong documentation to support my statement if he denies doing both together. I tried googling but yet to find some document related to this.
Thank you.
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
Crazyghoda,
I am still waiting for my PERM but i had talked to my attorney regarding porting of my old priority date he says i will have to wait till i get my new I-140 approved. I am not sure how should i convince him to file I-140 and priority porting application together once i get my PERM approval. I need some strong documentation to support my statement if he denies doing both together. I tried googling but yet to find some document related to this.
Thank you.
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raysaikat
03-06 05:47 PM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
more...
roseball
02-09 03:08 PM
Hi,
My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?
Please help.
Thanks.
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?
Please help.
Thanks.
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
chanduv23
10-13 01:33 PM
It was nice to meet all the folks out in NYC yesterday. Bigining with 20 is not a bad sign on a firday night. Thanks Chandu!
Will Hicksville/Oyster bay be a good centralised location for Long Island folks?
If anyone can take initiaitve, I will help support. I will also come to the meet.
Please PM me in case someone can take initiative
Will Hicksville/Oyster bay be a good centralised location for Long Island folks?
If anyone can take initiaitve, I will help support. I will also come to the meet.
Please PM me in case someone can take initiative
more...
chanduv23
09-16 02:41 PM
^^^^^^
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GCWhru
03-24 12:22 PM
I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?
Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.
If you have traveled you have different i94 from the recent travel and different one in extension.
Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.
If you have traveled you have different i94 from the recent travel and different one in extension.
more...
avi
02-15 02:05 PM
I am in similar situation. I have received EAD and AP but planning to move on, using H1-B transfer.
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
If you have completed your 180 days with your 'parent' company.. then you are safe!
It's safer to get H1 transfer as mentioned by seltzer above
Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!
I'm going through that process right now!
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
If you have completed your 180 days with your 'parent' company.. then you are safe!
It's safer to get H1 transfer as mentioned by seltzer above
Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!
I'm going through that process right now!
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Marphad
11-19 07:57 AM
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
Does this make a difference when retrogression is not moving?
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
Does this make a difference when retrogression is not moving?
more...
chintu25
08-19 05:45 PM
Excellent job guys :)
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desi3933
08-18 09:12 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)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
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)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
more...
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forever
07-27 03:46 PM
Can I interfile even if PD is unavailable?
No. At the time of interfiling, the priority date should be current.
No. At the time of interfiling, the priority date should be current.
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needlotsofluck
07-26 09:52 PM
Please see the update in Oh law's site
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
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missourian
11-05 08:08 PM
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gauravster
05-06 12:10 PM
While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).
Thanks,
Gaurav
Thanks,
Gaurav
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whiteStallion
01-20 02:24 PM
Great looking site ! Kudos to all those who made this happen over the past few days ! Way 2 go...
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waitingimmigrant
10-21 05:18 PM
he he .. was wondering the same... was thinking it was about a different time dimension :P....
this time it is revised under "Reuniting Families Act" ... lets see how this goes...
Expecting the ... and hoping for the best :)
this time it is revised under "Reuniting Families Act" ... lets see how this goes...
Expecting the ... and hoping for the best :)
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sunnymit
08-10 03:42 PM
You are right that to get registered in US I would have to marry in US. That's why I was asking if I even need to get it registered in US to file for my green card. Response I got on this forum was Indian registration certificate is fine.
I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.
Thanks,
Dinesh
I think you will be fine as long as the marriage happened before your 485 got approved - which in your case is true. However, IMO since your wife is not here in US right now, you will need to do file her AOS via consular processing...
I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.
Thanks,
Dinesh
I think you will be fine as long as the marriage happened before your 485 got approved - which in your case is true. However, IMO since your wife is not here in US right now, you will need to do file her AOS via consular processing...
giddu
06-27 12:07 PM
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
Did anyone else encounter this?
anzerraja
07-20 03:17 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
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