sbmallik
10-19 10:13 AM
Answers below:
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
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Templarian
08-19 10:05 PM
^Nice work man. I think the hardest part about this little bugger is its nose/mouth. Lets see if anyone else can think of a nice way.
bsbawa10
05-31 08:04 PM
Thanks so much .
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ivuser9
04-09 04:05 PM
I think we can be on one visa at any given point of time. either use EAD or H1B.. gurus please clarify
:confused:
:confused:
more...
speddi
11-10 01:00 PM
I am planning on changing to another company but I dont have the labor certification details. All I know is, it is Software Engineer and have salary details and some basic job requirements. My I-140 is approved. If I move to another company on EAD, and if I get an RFE, how can I provide the details of same/similar employment?
Thank you,
Thank you,
gc_on_demand
02-04 09:55 AM
Gc_On_Demand,
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
I see 30 -40 k spill over this year but if my above post is true. DOS will not give any visas from spill to EB2 ROW or Eb1 once quarter is done. Otherwise spill over visas reduces as times passes and Eb2 Row and Eb1 gets more and more visas. I am waiting for DOL reports for past 2 months but they haven't post anything yet. That can clarify things lot.
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
I see 30 -40 k spill over this year but if my above post is true. DOS will not give any visas from spill to EB2 ROW or Eb1 once quarter is done. Otherwise spill over visas reduces as times passes and Eb2 Row and Eb1 gets more and more visas. I am waiting for DOL reports for past 2 months but they haven't post anything yet. That can clarify things lot.
more...
RandyK
02-16 11:46 AM
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
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veni001
07-06 08:53 PM
Looks like my attorney did not read 8 CFR completely before answering my question?:(
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
more...
srkamath
08-05 06:21 PM
Dhundhun,
What is your source for the 1% to 5% estimate?
What is your source for the 1% to 5% estimate?
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masala dosa
09-21 04:27 PM
I doubt if a Masters qualify for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.
There is no way you can file under EB1
You can go max to Eb2 or Eb3
if its big co you work for then they will stick to eb3
if its some tolly molly software co then u get eb2
either way you are screwed.
Cheers
There is no way you can file under EB1
You can go max to Eb2 or Eb3
if its big co you work for then they will stick to eb3
if its some tolly molly software co then u get eb2
either way you are screwed.
Cheers
more...
cvk90
06-23 10:31 PM
My attornies (big firm...working for Fortune 500 company) says that dates could retrogress anytime i.e. on 15 July 07, dates could move back several months and the chances of that happening are very high. My advise is to have your spouse cut the vacation short and return asap...! You need to file ASAP.
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lostinbeta
11-16 09:26 PM
This is all in fun anyway :)
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omved
05-05 02:25 AM
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
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vasudevan_c
02-15 09:25 AM
Yes, it is possible because H1-B is a dual intent visa.
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ksrk
01-07 12:44 PM
I just got back on AP a few days ago. My AP was issued in Dec 08 with validity upto Dec 09. When we entered US in Jan 09, it was stamped with a parole dated Jan 2010exactly a year from the arrival date. I asked the officer as to what would be the actual expiration of the AP since there are 2 different dates (1 month apart in my case). The officer replied that if i had to leave the country again using the same AP then i would have to return back before the original expiration date of Dec 09.
I have no idea why they would stamp a year from the date of entry when the validity is considered to be the original expiration date.
Best would be for you to schedule a infopass and inquire to confirm.
The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
I have no idea why they would stamp a year from the date of entry when the validity is considered to be the original expiration date.
Best would be for you to schedule a infopass and inquire to confirm.
The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
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ak_2006
10-28 12:16 PM
Good One, thanks for posting.
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gcwait2007
10-21 11:50 AM
Our paralegal had advised as follows-
ONLINE CASE STATUS SYSTEM DELAYS
USCIS is experiencing delays of several weeks in entering new information to the online case status system on their public website. Even though a receipt may have been issued in a case, the online system may not accurately reflect the current status of a July Visa Bulletin adjustment case or a related application. The USCIS is reportedly working on the problem, but has not indicated when the information delays will be resolved.
ONLINE CASE STATUS SYSTEM DELAYS
USCIS is experiencing delays of several weeks in entering new information to the online case status system on their public website. Even though a receipt may have been issued in a case, the online system may not accurately reflect the current status of a July Visa Bulletin adjustment case or a related application. The USCIS is reportedly working on the problem, but has not indicated when the information delays will be resolved.
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dollar500
04-10 11:39 AM
AFAIK it's not published yet. Also it's two years extension which is under review not three years.
Good luck
Good luck
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smuggymba
05-12 01:35 PM
The civil surgeon does everything but you need to pay cash for it. If you have the documentation from your primary care physician, you could ask for a discount, which is what I did. Your insurance pays if you get it done from your PCP.
So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.
Does CS do the exactly same tests as PCP?
How much time does it take to get results from CS?
How much does CS charge?
So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.
Does CS do the exactly same tests as PCP?
How much time does it take to get results from CS?
How much does CS charge?
jonty_11
12-13 11:05 AM
How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.
ingegarcia
06-11 03:38 PM
Do they assume that if you are in 7th year you can use your labor which you used for H1 7th year extension.
what about if i140 is denied on the previous labor and one cannot use that labor any more.
are all these bullet point are "ors" or "ands" does one has to staisfy all three conditions?
I guess this is only for people who are nearing the 6th/7th,etc year extension and their PERM does not have more than 365 days days. In these cases the person will need to get out of the country unless I140 is approved.
This would be my case if my PERM were to be approved before July. However my labor is audited and ATLANTA Backlog Center seems to be anything but fast these days...
what about if i140 is denied on the previous labor and one cannot use that labor any more.
are all these bullet point are "ors" or "ands" does one has to staisfy all three conditions?
I guess this is only for people who are nearing the 6th/7th,etc year extension and their PERM does not have more than 365 days days. In these cases the person will need to get out of the country unless I140 is approved.
This would be my case if my PERM were to be approved before July. However my labor is audited and ATLANTA Backlog Center seems to be anything but fast these days...
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