snhn
06-13 02:53 PM
Ok, My PD is Oct 2001 .EB3 pending labo9r in dallas backlog center. 45 day letter received in Jan of this year. No more conresspondence so far. However my company filed PERM EB3 it got approved and now the I140 is approved as well. My PD is up for the old labor. Is there anyways, I can use PERM approved I140 and apply for 1485.
Thansk!
Thansk!
wallpaper 2000 Mercedes-Benz SLK200
rajuseattle
07-01 01:47 AM
I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
jsd123
05-08 06:06 PM
I always use SBI online. Very reliable, cost effective and best conversion rates !!
2011 2000 Mercedes-Benz SLK200
swarnapuri
12-23 01:32 PM
Check the message by saturnring11 in this thread. He linked the USCIS document which states that PD is retained by the employee once the I-140 is approved unless I-140 is revoked for Fraud.
http://immigrationvoice.org/forum/showthread.php?t=2368
Here is the link that he posted :
Look on Page 27 of the USCIS Press Release
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
http://immigrationvoice.org/forum/showthread.php?t=2368
Here is the link that he posted :
Look on Page 27 of the USCIS Press Release
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
more...
Jaime
09-04 10:46 AM
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=outsourcing&articleId=9033819&taxonomyId=72&intsrc=kc_feat
dummgelauft
04-20 10:52 AM
In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.
more...
ChainReaction
04-18 09:09 AM
I already have two labor certification petition both of which are stuck in PBEC. MY first labor cert has PD of March 2003 and the other Feb 2005 . ON my lawyers advice i filed my second labor under RIR instead of waiting for another month and filing under PERM what a big mistake i made... I am onmy 5th yr on H1b and was hoping to Get at least 3yr ext if i was able to file 1-140 and have it approved before i file for the H1b . :(
2010 Next. Mercedes-Benz
maverick_joe
02-12 02:46 PM
it wudnt be automatic simply because the primary on the 485 might not be ROW but the secondary would be ROW.
I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.
I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.
more...
makemygc
06-14 11:02 AM
Bump
/\/\/\/\/\/\/\
Sorry to bump it. Wish someone could answer my question or could share their experience.
/\/\/\/\/\/\/\
Sorry to bump it. Wish someone could answer my question or could share their experience.
hair Modified Mercedes Benz SLK
hope4gc
01-18 04:54 AM
My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
more...
abqguy
09-16 03:35 PM
Will call the rest during my next break :)
hot 2000 Mercedes-Benz SLKClass
![Mercedes Benz Slk 2000. Mercedes-Benz SLK [R170]](http://www.imcdb.org/i104435.jpg "Mercedes-Benz SLK [R170]")
chi_shark
07-24 03:49 PM
so, we are not out of the woods yet? its just that they (USCIS) can now say that they have gone through x number of apps... i wish they clarified this really well...
but thanks for answering the really important question!
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
but thanks for answering the really important question!
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
more...
house 2000 Mercedes-Benz SLK 230
nozerd
02-25 03:57 PM
I would like to ask the same question but a bit more specific.
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
tattoo Used Mercedes Benz Slk Class
p1234
09-26 10:39 AM
1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
You are inviting trouble when you think of doing something out of the ordinary. I am not sure why people make their cases complicated. This is a very general comment and nothing specific about your case.
Heard from several friends about multiple labors (one EB2, another EB3), multiple I-140s. They are themselves not sure what is approved and what is pending approval. :). Have a friend who jumped job in May 07 on approved I140 + 3 yrs visa extn, then went back to previous one in July 07 and filed 485. After realizing EB3 is all messed up (thanks to 07/07), jumped to a third employer on AC21 (I think). There is yet another with a similar story.
We blame USCIS for everything (rightfully so), however we don't realize how much desi consulting firms and employees have exploited the system and added to the processing delays, for easy money.
Forget PD reuse, people have been jumping jobs left and right on AC21 and getting it denied.
PD porting is possible but as others have pointed out, it is not exactly a best practice recommendation.
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
You are inviting trouble when you think of doing something out of the ordinary. I am not sure why people make their cases complicated. This is a very general comment and nothing specific about your case.
Heard from several friends about multiple labors (one EB2, another EB3), multiple I-140s. They are themselves not sure what is approved and what is pending approval. :). Have a friend who jumped job in May 07 on approved I140 + 3 yrs visa extn, then went back to previous one in July 07 and filed 485. After realizing EB3 is all messed up (thanks to 07/07), jumped to a third employer on AC21 (I think). There is yet another with a similar story.
We blame USCIS for everything (rightfully so), however we don't realize how much desi consulting firms and employees have exploited the system and added to the processing delays, for easy money.
Forget PD reuse, people have been jumping jobs left and right on AC21 and getting it denied.
PD porting is possible but as others have pointed out, it is not exactly a best practice recommendation.
more...
pictures Mercedes Benz SLK 230 2000.
gg_ny
06-22 10:34 AM
It only makes sense to use RD when PD is current or has moved up. But the order of processing is not just RD but other factors like fingerprint, name check etc. as discussed in other mails.
Although I opened a new forum, I am posting my request here: please post your EB2 approvals, if any, with PD and RD and the country of origin.This would help to fine tune others' expectations of completion of their cases.
-g
I agree, but with a little change.
With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Although I opened a new forum, I am posting my request here: please post your EB2 approvals, if any, with PD and RD and the country of origin.This would help to fine tune others' expectations of completion of their cases.
-g
I agree, but with a little change.
With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
dresses Mercedes-Benz SLK [R170]
9411b
03-06 12:56 PM
You are not alone.
We have the same problem.
EAD applied in July 07, EAD card received in Oct 07 and the card was made expired 01/01/07 by WAC.
Called USCIS hotline, tried new applications with WAC, TSC and Info pass, still waiting if WAC is going to correct its own mess.
Big headache.
Good luck everyone.
J
PS. concurrently filing with NSC then moved to WAC then to TSC. Now pending!!!!:(:(
We have the same problem.
EAD applied in July 07, EAD card received in Oct 07 and the card was made expired 01/01/07 by WAC.
Called USCIS hotline, tried new applications with WAC, TSC and Info pass, still waiting if WAC is going to correct its own mess.
Big headache.
Good luck everyone.
J
PS. concurrently filing with NSC then moved to WAC then to TSC. Now pending!!!!:(:(
more...
makeup Next. Mercedes-Benz
smuggymba
09-22 07:35 PM
Oh My God. These three won't stop, would they.
girlfriend 2000 Mercedes-enz Slk-class
YesGC_NoGC
06-20 01:34 PM
Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.
However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.
I am looking at looking at options...let's see what is the outcome.
Thanks
Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.
I am looking at looking at options...let's see what is the outcome.
Thanks
Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
hairstyles Mercedes-Benz SLK 320
Hermione
09-27 10:07 AM
The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
kapilgogia
03-17 07:00 PM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
smuggymba
09-24 04:22 PM
Hi All,
Is there anyone planning to get H1-B/any visa stamping in Matamoras, Mexico in the next couple months? (I'm from dallas)
Is there anyone who already went for stamping in matamoras recently....
Please share your thoughts...
I'm planning to get my H1-B renewal stamping next month...
Thanks for all your replies in advance!!!
Thanks,
Raghu.
It's nice to see many ppl going to Mexico and getting renewals....I have my renewal coming up next year and this seems to be a good idea. Saves the hassle of travelling to India and getting stamping.
Is there anyone planning to get H1-B/any visa stamping in Matamoras, Mexico in the next couple months? (I'm from dallas)
Is there anyone who already went for stamping in matamoras recently....
Please share your thoughts...
I'm planning to get my H1-B renewal stamping next month...
Thanks for all your replies in advance!!!
Thanks,
Raghu.
It's nice to see many ppl going to Mexico and getting renewals....I have my renewal coming up next year and this seems to be a good idea. Saves the hassle of travelling to India and getting stamping.
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