ivar
03-13 11:45 AM
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Thanks for your response.
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Thanks for your response.
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mojo_jojo
01-18 07:13 PM
If the recession does hit,
will the visa bulletin of every month jump faster?
or will it slow down?
does anyone know?
:confused:
will the visa bulletin of every month jump faster?
or will it slow down?
does anyone know?
:confused:
Dj-Studios
05-25 04:07 PM
I'll have to load some stuff onto and finish something for a client, but it will be finished tonight.
Umm...... :-/
Umm...... :-/
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alex99
10-19 09:16 AM
Yabadaba,
I agree with your Analysis. It looks promising.
Regards,
Alex,
I agree with your Analysis. It looks promising.
Regards,
Alex,
more...
dpp
07-13 01:54 PM
May be they can accept I-485s for July to honor original July bulletin. They can do this without changing any law as they can say they are accepting as per DOS bulletin for ones who already filed or going to file as per original bulletin.
syendu1
02-23 01:45 PM
I applied for my EAD renewal during last week of Nov 2010, it took only 42 days to receive my renewed card. It got 2 years validity, validity starts from the next day of current EAD expiration date. Even though current card is valid for another 2 months, pleasantly surprised to receive the new card in USPS priority mail. Overall, job well done by USCIS as for as this EAD renewal in concerned.
My priority date is Jan 2007, not sure whether by extending it for 2 years USCIS is not expecting me to be current in the near future. Personally I am expecting to be current during this July - Sep time frame. Worst case at least it should be a touch and go scenario, fingers crossed.
i applied for EAD on Dec 21st, got card ordered for production email on Jan 21, and got the card via USPS 2 days ago. My PD is just few months away from May 2006 (EB2), but I still got 2 years validity (on the EAD card).
I cannot possibly imagine the fact that PD wont move even a few months when spillover begins.
Jai Hind
My priority date is Jan 2007, not sure whether by extending it for 2 years USCIS is not expecting me to be current in the near future. Personally I am expecting to be current during this July - Sep time frame. Worst case at least it should be a touch and go scenario, fingers crossed.
i applied for EAD on Dec 21st, got card ordered for production email on Jan 21, and got the card via USPS 2 days ago. My PD is just few months away from May 2006 (EB2), but I still got 2 years validity (on the EAD card).
I cannot possibly imagine the fact that PD wont move even a few months when spillover begins.
Jai Hind
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deba
05-22 05:27 PM
Buddy, what were you doing for 40 days after your got terminated? If you knew it was coming you should have made efforts to transfer H1 or right after. If you transfer H1, then obviously INS will look for pay stubs etc from the last sponsoring co. Since you mentioned you never actually worked for them (if I understand this right) then you are in trouble. You can use EAD but you lose your H1 status. If you want to get back to H1 then you are back in the lottery mess to qualify for one. Obviously you need to decide what is important to you at this point. Marriage or your job/GC. Good luck.
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cyclone_p
07-21 10:20 AM
Was e-Filed a month back. Waiting for the fingerprint notices. EAD expiring in 20 days so will probably have to be on a "loss of pay" for about a month.
more...
qualified_trash
10-09 08:57 PM
Man ..Just ask him.
your point is??
your point is??
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hopefulgc
05-27 07:51 AM
funny!
This is just a humour but has a meaning underneath if you try to understand. I am comparing USCIS to a product selling company. If USCIS was a TV selling company what would happen to the customers the way it acts ?
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card will be charged once, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
This is just a humour but has a meaning underneath if you try to understand. I am comparing USCIS to a product selling company. If USCIS was a TV selling company what would happen to the customers the way it acts ?
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card will be charged once, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
more...
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vagish
04-04 02:11 PM
Thanks eb3India, You are very right.
nobody complains about somebody getting green card getting in six months, infact I know somebody who got green card from india onmployment basis, the problem is people who have waited for 6 years or longer feels the pinch, because
they have followed the law just like the guy who got in 6 months , and they see no light at the end of the tunnel, and frustration to certain degree amounts to anger.
chilllllllll enjoy the system, this is how the system works, like it or not.
thanks
nobody complains about somebody getting green card getting in six months, infact I know somebody who got green card from india onmployment basis, the problem is people who have waited for 6 years or longer feels the pinch, because
they have followed the law just like the guy who got in 6 months , and they see no light at the end of the tunnel, and frustration to certain degree amounts to anger.
chilllllllll enjoy the system, this is how the system works, like it or not.
thanks
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rkdownload
01-23 10:59 PM
It's getting tough day by day on H1b extension
Read this case
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=3121052681
Read this case
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=3121052681
more...
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addsf345
11-12 02:28 PM
Please post any link where it says it is stricter or any new stuff USCIS wants to implement
Chandu, here I found the LINK (http://www.murthy.com/news/n_porret.html)
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
Chandu, here I found the LINK (http://www.murthy.com/news/n_porret.html)
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
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shaq
02-14 08:32 AM
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.
Thank you
Thank you
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transpass
09-22 02:30 PM
With current situation in economy, I don't think our HR 5882 will be in the mark uplist. US govt has bigger problems than spending time for "recapture EB visas". I have no hope of recapture bill will be discussed near future. Sorry for my pesimistic views
As much as I am disheartened with current situation regarding EB visas, I am more disheartened by this give up attitude...
For all folks who do not act because of pessimistic views, please don't take this personally. Having pessimistic views are ok as long as they don't get you down so much so that you stop taking actions.
Lemme tell you something my friends. I came to US in 94, and for reasons mentioned in my other postings, I am still in the waiting line for the GC...Compared to me (and may be a few others), most of you guys' situation is much better in terms of the wait. But even though I am disheartened, I never lost hope and the only thing that keeps me going is trying...I may bend, but I will never break...
If you give up for something like GC, imagine how it will when you encounter bigger problems in life...My advice to you my friends is keep trying as long as there is a chance, and as long as there is nothing to lose...
As much as I am disheartened with current situation regarding EB visas, I am more disheartened by this give up attitude...
For all folks who do not act because of pessimistic views, please don't take this personally. Having pessimistic views are ok as long as they don't get you down so much so that you stop taking actions.
Lemme tell you something my friends. I came to US in 94, and for reasons mentioned in my other postings, I am still in the waiting line for the GC...Compared to me (and may be a few others), most of you guys' situation is much better in terms of the wait. But even though I am disheartened, I never lost hope and the only thing that keeps me going is trying...I may bend, but I will never break...
If you give up for something like GC, imagine how it will when you encounter bigger problems in life...My advice to you my friends is keep trying as long as there is a chance, and as long as there is nothing to lose...
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Totoro
01-26 04:01 PM
Just a warning. The one and only time I filed an ammended return, I was audited. Therefore, I am assuming that ammending a return could cause greater scrutiny by the IRS. Even though my audit went fine, it is a PITA.
more...
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CanadianGuy
05-17 02:05 PM
Sweet work there DJ! The colours and textures are perfect.
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Gravitation
07-13 12:50 PM
Can we have this ridiculous and scandalous thread deleted.
Pure speculation masquerading as scoop.
Pure speculation masquerading as scoop.
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h1b_forever
06-04 09:46 AM
There are always going to be people who can not see other people succeed.
Anyday EB2 wait times are always going to be better than EB3, so if anybody has a chance to port they should. It does not make sense to rot in EB3.
If only my employer was so helpful.
Why are you jealous. Seems like he is qualified for EB-2 and applied it.
Buddy, I am in the same situation with an American company for which I am working since 2002. I applied in EB-3 (at that time per the job requirements). Company is ready to promote me but I am not accepting due to my EB-3. They decided to file labor for the future job which comes under EB-2. They filed it and waiting for approval.Once I get labor and 140, yes I will use EB-2 and take the promotion. How is this become an abuse, can you expalin? In my view if you get an offer for the future job in EB-2 category and not use that opportunity then that is called abusing yourself not the law.
What's wrong there other than making some people jealous.
Anyday EB2 wait times are always going to be better than EB3, so if anybody has a chance to port they should. It does not make sense to rot in EB3.
If only my employer was so helpful.
Why are you jealous. Seems like he is qualified for EB-2 and applied it.
Buddy, I am in the same situation with an American company for which I am working since 2002. I applied in EB-3 (at that time per the job requirements). Company is ready to promote me but I am not accepting due to my EB-3. They decided to file labor for the future job which comes under EB-2. They filed it and waiting for approval.Once I get labor and 140, yes I will use EB-2 and take the promotion. How is this become an abuse, can you expalin? In my view if you get an offer for the future job in EB-2 category and not use that opportunity then that is called abusing yourself not the law.
What's wrong there other than making some people jealous.
sanju_dba
06-25 03:18 PM
2) Currently your status is H1 , if you use AP then ur status will becom Parolee and if you use EAD then "???"
Incorrect.
Just using AP does NOT invalidates H1 status. Using EAD does.
I double checked with my attorney , either or AP or EAD usage will change your status, ie H1 is no more valid.
Incorrect.
Just using AP does NOT invalidates H1 status. Using EAD does.
I double checked with my attorney , either or AP or EAD usage will change your status, ie H1 is no more valid.
p_kumar
09-21 04:40 PM
does it mean i will get my EAD processed as per my RD which will be much earlier?. :D
thanks for you response.
thanks for you response.
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