BharatPremi
03-22 12:57 AM
Gurus,
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
wallpaper caused by Lumps in being a
ak_2006
11-25 01:46 PM
Hi Pappu and IV Sr.Members,
Thanks for the updates and hard work.
Thanks for the updates and hard work.
pappu
04-10 01:21 PM
/\/\/
if you have not sought appointments yet, get it now as a followup to your phone calls.
if you have not sought appointments yet, get it now as a followup to your phone calls.
2011 a big lump on his neck:
ItIsNotFunny
04-13 01:04 PM
I guess they are on their way to make ROW current in all categories. Good news for ROW, not encouraging news for India & China annddddddddd Mexico too!
more...
ivbabu
01-04 01:59 PM
You can bring UP TO 4 spouses on H4 visa. That's why it is called H4. Similarly on F2, you can only bring 2 spouses, Ah...students do not make that kind of money to support more than 2 spouses. USCIS thinks so much about us.
I am just talking out of my A**.
kumar1 & gc_chahiye: your posts made me laugh for more than 10 min. You guys made my day short. I cannot forget this thread at least till this weekend. We need threads like this to easeoff stereotype life and stress
I am just talking out of my A**.
kumar1 & gc_chahiye: your posts made me laugh for more than 10 min. You guys made my day short. I cannot forget this thread at least till this weekend. We need threads like this to easeoff stereotype life and stress
sumansk
12-20 04:40 PM
I think what he is saying demands attention by the lawyers and core members.Thing is we never know what is going on until there is some transparency. The law many times is open to suit ones needs and I suspect DOS may be doing that.
Live Life !!
________
VTX1300R (http://www.cyclechaos.com/wiki/Honda_VTX1300R)
Live Life !!
________
VTX1300R (http://www.cyclechaos.com/wiki/Honda_VTX1300R)
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Dhundhun
01-26 06:42 PM
This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
2010 Lumps that you of anxiety
pappu
11-25 03:46 PM
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudication/field office data/ CP and spillovers. The visa bulletin movements will also be compared against the report and checked with USCIS and DOS.
Team IV
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudication/field office data/ CP and spillovers. The visa bulletin movements will also be compared against the report and checked with USCIS and DOS.
Team IV
more...
rajakannan
06-28 08:02 PM
if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?
hair Consequently, all breast lumps
naveenkprasadam
04-13 12:35 PM
I got this crazy ideas earlier this week something like hiring a billboard space or some advertisement space in a popular newspaper.But this one is pretty sophisticated.
more...
rsrikant
08-10 11:37 AM
ha ha ha.... authorities won't do anything...
it was legal till jul 16th.... i think you are not aware of it.
good thing here is, LS is no more possible.. we should be happy about it.
I have never met someone on LS... but I can assure you, if I ever find one of them, I will report USCIS and other authorities.. that is for sure.
it was legal till jul 16th.... i think you are not aware of it.
good thing here is, LS is no more possible.. we should be happy about it.
I have never met someone on LS... but I can assure you, if I ever find one of them, I will report USCIS and other authorities.. that is for sure.
hot Tags: dogs, lumps and bumps,
rockstart
04-21 10:08 AM
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.
more...
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nrk
10-30 03:55 PM
Yeah rb_248, relieved now.
That sounds like good news. You must be relieved.
That sounds like good news. You must be relieved.
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rvurady14
06-01 11:31 AM
Done.
more...
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niidawg3
01-26 09:32 AM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
dresses and similar lumps in the
mammoy2k
09-10 12:49 PM
When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
more...
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kaisersose
06-05 03:00 PM
if they did what u say they did.. they violated the law. thats what gotcher is talking about.
Where is the law that says they can release visa numbers only on a quarterly basis? If that is true, then
1. The Feb bulletin would not have said EB-2 India had used up its annual limit.
2. The June Bulletin would not have said EB-3 will retrogress or become unavailable starting July [which starts a new quarter].
Both make no sense. Or alternatively, there is no such law and DOS can release visa numbers without the "quarterly" constraint. It may have been a practise in the past, but clearly since 2007, they have become keen to see visa numbers not go waste and they appear to have changed the trend.
Only a tiny fraction of applications are on . It really is nowhere enough to draw a meaningful analysis of approval trends.
Where is the law that says they can release visa numbers only on a quarterly basis? If that is true, then
1. The Feb bulletin would not have said EB-2 India had used up its annual limit.
2. The June Bulletin would not have said EB-3 will retrogress or become unavailable starting July [which starts a new quarter].
Both make no sense. Or alternatively, there is no such law and DOS can release visa numbers without the "quarterly" constraint. It may have been a practise in the past, but clearly since 2007, they have become keen to see visa numbers not go waste and they appear to have changed the trend.
Only a tiny fraction of applications are on . It really is nowhere enough to draw a meaningful analysis of approval trends.
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Ram_C
11-09 02:12 PM
Maybe USCIS thinks that our cases mayn't become approvable within the next 15 months. This is just my theory, because I see lot of people have got FP but with early PD's
this might not be true, because I personally know about 7/8 applicants with PD of 2007 (I-140 pending) and received thier FP notices.
this might not be true, because I personally know about 7/8 applicants with PD of 2007 (I-140 pending) and received thier FP notices.
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Almond
11-02 01:58 PM
I'm getting my bag of M & M's and box of Kleenex tissues ready.
kak1978
06-01 11:29 AM
Done. Bump.
gcformeornot
12-07 10:31 AM
please.