sripk
05-17 02:24 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
wallpaper 2009-2009 Nissan Skyline R35
desi3933
06-22 07:40 AM
Hi,
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Good Luck.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Good Luck.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
redddiv
07-10 06:44 AM
Sent on July 6th. Reached on July 9
2011 Nissan Skyline R34 Models:
mallu
09-26 10:03 PM
Thanks. But GC still sucks because of the long process. Good Luck to everyone.
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
Congrats. So you are an old timer, with PD 2002. (Being from ROW) you luckily escaped the name check torture.
I am also a relatively old timer ( PD Nov. 2002 ). Unfortunately stuck in namecheck since Aug.2006. My fellow Indians say , i can just sit like this for another 2 - 3 years in name check :-(
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
Congrats. So you are an old timer, with PD 2002. (Being from ROW) you luckily escaped the name check torture.
I am also a relatively old timer ( PD Nov. 2002 ). Unfortunately stuck in namecheck since Aug.2006. My fellow Indians say , i can just sit like this for another 2 - 3 years in name check :-(
more...
dilipcpa
08-19 07:19 PM
My EAD is approved for 2 years last week, Today my attorney sent me I-140 reference answered is due by 1st Nov,
I will really appreciate your advise. My I-140 is filed for Accounting analyst.
My PD date is in Dec. 2006
As per Reference:
1) Please provide evidence (in the form of official academic transcript) of any additional education the beneficiary has obtained prior to Dec. 2006
2)The other one is for Company 's ability to pay and for my payroll records after PD to current. (This is not an issue as my firm is financially sound)
My I-140 is filed under skilled category, with 3 years eqiuvalent Bachelors degree, evaluated by degreepeople.
I have additional 2 years certification corses in business adminstration not considered by my attorney.
I will appreciate if some one can provide me better attorney to handle this case.
I will really appreciate your advise. My I-140 is filed for Accounting analyst.
My PD date is in Dec. 2006
As per Reference:
1) Please provide evidence (in the form of official academic transcript) of any additional education the beneficiary has obtained prior to Dec. 2006
2)The other one is for Company 's ability to pay and for my payroll records after PD to current. (This is not an issue as my firm is financially sound)
My I-140 is filed under skilled category, with 3 years eqiuvalent Bachelors degree, evaluated by degreepeople.
I have additional 2 years certification corses in business adminstration not considered by my attorney.
I will appreciate if some one can provide me better attorney to handle this case.
Lasantha
02-13 03:03 PM
Cute!
http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg
http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg
more...
nashim
08-06 02:40 PM
for EB2 I-140 approval, candidate must have 4 years bachelor + master degree or 4 years bachelor + 5 years experience
2010 Nissan Skyline GTR R35 Crash
newhandle
03-05 10:48 PM
Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.
LPR (dad) :(
LPR (dad) :(
more...
bestia
11-10 03:56 PM
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.
Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.
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Since1997
08-13 11:02 AM
Here is the update we were expecting to see on Aug 10th and now available (be first one to see): http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
I-140(8/3) I-485(8/3)
NSC 7/1 7/1
TSC 7/30 6/26
I-140(8/10) I-485(8/10)
NSC 7/1 7/1
TSC 7/31 6/28
NSC no progress at all
TSC 1day for I-140 & 2days fro I-485
PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....
I-140(8/3) I-485(8/3)
NSC 7/1 7/1
TSC 7/30 6/26
I-140(8/10) I-485(8/10)
NSC 7/1 7/1
TSC 7/31 6/28
NSC no progress at all
TSC 1day for I-140 & 2days fro I-485
PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....
more...
Aah_GC
10-24 09:29 AM
Dear Friends - I have a question and would appreciate your thoughts.
My father visited us for 6 months and I have a copy of his visa and passport notarized. What are the rest of the formalities (W7 form et al) that I should complete so I get some exemption? Or have my assumptions been wrong?
My father visited us for 6 months and I have a copy of his visa and passport notarized. What are the rest of the formalities (W7 form et al) that I should complete so I get some exemption? Or have my assumptions been wrong?
hot 36 Nissan Skyline R35 Team
paskal
10-23 02:35 PM
pretty please..
can't say no to that!
really iv members- no one should have to beg for a couple of hours of your time. this affects us all. it's really a small request- a booth at a diwali mela...now that is hardly the worst thing you could do with your life and time. please don't reduce your leaders to this.
can't say no to that!
really iv members- no one should have to beg for a couple of hours of your time. this affects us all. it's really a small request- a booth at a diwali mela...now that is hardly the worst thing you could do with your life and time. please don't reduce your leaders to this.
more...
house New R35 Skyline is Here
rennieallen
09-27 01:28 AM
EB-3 ROW = EB-3 Rest of World then there's EB-3 Mainland China, EB-3 Mexico, EB-3 India and EB-3 Philippines. Please correct me if I'm wrong. :D
Actually, I don't think there really is a ROW is there? Isn't it just that 193 country columns isn't practical.
Actually, I don't think there really is a ROW is there? Isn't it just that 193 country columns isn't practical.
tattoo Nissan+skyline+r35+nismo
sanan
06-04 09:11 PM
What is your PD and category?
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
more...
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prem_goel
07-05 12:41 PM
I am kindda in a similar situation. if your wife goes to F1 visa, and the dates become current (i.e you are eligible to apply for 485), you cannot add your wife to your 485 (immigrant AOS) petition on her F1 status. She either will have to come to H-1B/H-4/L-1/L-2 status. I had this conversation long time ago with my lawyer. The reason is that these categories of visas are recognized to have dual intent of migration. F-1, B-1 etc are not so you cannot apply for 485 if you are in any of those category of visas.
This is the biggest thing why you may have to consider being on H-1B only so that she can be on H-4 and you can add her whenever the dates are current for you again. Secondly, being on H-1B has other advantage for you as well. Suppose there is a problem with your 485 application and (god forbid) it gets denied. Then in that case you are not out of status if you have retained your H-1B status. You can be here in US until your H-1B petition expires and fight for a motion-to-reconsider on your 485 and resolve the issue. Had you been on EAD, you are out-of-status the day your 485 gets rejected.
I understand that not many employers are keen on doing H-1B due to the costs involved, but it might be a worthwhile option for you to explain to your employer the benefits associated with keeping an H-1B petition.
This is the biggest thing why you may have to consider being on H-1B only so that she can be on H-4 and you can add her whenever the dates are current for you again. Secondly, being on H-1B has other advantage for you as well. Suppose there is a problem with your 485 application and (god forbid) it gets denied. Then in that case you are not out of status if you have retained your H-1B status. You can be here in US until your H-1B petition expires and fight for a motion-to-reconsider on your 485 and resolve the issue. Had you been on EAD, you are out-of-status the day your 485 gets rejected.
I understand that not many employers are keen on doing H-1B due to the costs involved, but it might be a worthwhile option for you to explain to your employer the benefits associated with keeping an H-1B petition.
dresses Nissan Skyline R35 GTR Photo
meridiani.planum
07-10 09:23 PM
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bc6755fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
since he can get H1 extension based on PD >356 days I dont think he is eligible (per that doc PP is only being opened up for people whose PD <365 days and approved-I-140 is the only way to get an extension)
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bc6755fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
since he can get H1 extension based on PD >356 days I dont think he is eligible (per that doc PP is only being opened up for people whose PD <365 days and approved-I-140 is the only way to get an extension)
more...
makeup Skyline R35 GTR
gokhale35
03-01 11:22 AM
[QUOTE=Can2004;227413]Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.
Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.
Any suggestions on how to respond to this RFE.
I would suggest to take a letter from your employer saying that you reported to work the following day. Also show any purchases you made after coming back here like credit card bills. Any lease paperwork and checks that you were paying rent or mortgage. These are just few ideas . But do check with your attorney as they are in better position to respond.
I also did my PR landing in canada and when returning back next day I was not given any new I-94 nor the I-94 was stamped because I was returning within 30 days. But I have not gone back to canada after that and have given up the canada PR because I wanted to pursue the US PR here.
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.
Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.
Any suggestions on how to respond to this RFE.
I would suggest to take a letter from your employer saying that you reported to work the following day. Also show any purchases you made after coming back here like credit card bills. Any lease paperwork and checks that you were paying rent or mortgage. These are just few ideas . But do check with your attorney as they are in better position to respond.
I also did my PR landing in canada and when returning back next day I was not given any new I-94 nor the I-94 was stamped because I was returning within 30 days. But I have not gone back to canada after that and have given up the canada PR because I wanted to pursue the US PR here.
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wandmaker
10-16 04:39 PM
Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.
second that
second that
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haeveingridseyn
09-09 07:56 AM
Hi Everyone..
Thanks for providing this information . I am also searching this type of topic.
Its really helpful to forum members and solve many problem.
Keep it up.
Thanks for providing this information . I am also searching this type of topic.
Its really helpful to forum members and solve many problem.
Keep it up.
smartboy75
10-02 12:47 AM
I think your lawyer is a moron. Why should the EAD from L2 be equivalent to EAD from 485/AOS ? I used to have EAD after I graduated years ago and was working on OPT. That doesn't mean I can file an extension for my past EAD when I apply 485. I would suggest you take a different legal opinion.
Well...now that the applications have reached USCIS ...there is nothing I can do....Hopefully they will issue an RFE or something....You sure scared me dude.....
Well...now that the applications have reached USCIS ...there is nothing I can do....Hopefully they will issue an RFE or something....You sure scared me dude.....
kk_123
09-25 03:07 PM
hi,
my brother is also seeing the same status for his case. he too really getting confused.
if you get your GC , pls update it.so it will help others too.
my brother is also seeing the same status for his case. he too really getting confused.
if you get your GC , pls update it.so it will help others too.
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