mirchiseth
03-15 11:39 AM
As you can see for my profile my labor cert was filed in Dec 2002 and I am Eb3 India. So all these years I have been assuming my priority date for I485 processing as Dec 2002. But now it seems there is a problem.
There have been two I-140 filings for me - first the original one which has the correct priority date of Dec 2002. Later on the company was acquired and the new company filed a successor of interest I-140 in Aug 2007. This I-140 was approved in March 2008. I have copy of this 2nd I-140 and didn't pay attention to the priority date printed on this I-140. To my dismay the priority date mentioned on the Aug 2007 approved I-140 is Aug 2007.
I wanted to find out what was the priority date in USCIS records and I called the 1-800 number. They asked me to meet the local USCIS office so took the Infopass this morning. The local San Jose USCIS office says that they would take the Aug 2007 as the priority date :( and have told me to contact my attorney.
As you can imagine I am quite devastated. Has anybody been in the same situation where the priority date on I-140 was different from Labor filing date? How did you get it corrected.
Thanks
There have been two I-140 filings for me - first the original one which has the correct priority date of Dec 2002. Later on the company was acquired and the new company filed a successor of interest I-140 in Aug 2007. This I-140 was approved in March 2008. I have copy of this 2nd I-140 and didn't pay attention to the priority date printed on this I-140. To my dismay the priority date mentioned on the Aug 2007 approved I-140 is Aug 2007.
I wanted to find out what was the priority date in USCIS records and I called the 1-800 number. They asked me to meet the local USCIS office so took the Infopass this morning. The local San Jose USCIS office says that they would take the Aug 2007 as the priority date :( and have told me to contact my attorney.
As you can imagine I am quite devastated. Has anybody been in the same situation where the priority date on I-140 was different from Labor filing date? How did you get it corrected.
Thanks
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sarahbtobe
06-25 05:14 PM
He can have both types of permanent residence pending at the same time - marriage-based and employment-based. This is very common. The marriage-based filing will probably be approved sooner than the other, because priority dates are so backlogged now.
That is wonderful news, Elaine, thanks so much for the fast reply! We are actually in the DFW area, so if we need a lawyer for this 2nd application, I'll remember your name!
That is wonderful news, Elaine, thanks so much for the fast reply! We are actually in the DFW area, so if we need a lawyer for this 2nd application, I'll remember your name!
jkays94
06-17 12:25 PM
so why are ppl stuck for 2 to 4 years in security chks ?
I hope he is not referring to the EAD as that is considered an immigration benefit.
I hope he is not referring to the EAD as that is considered an immigration benefit.
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GotGC??
11-14 03:59 PM
Find in-line
What is the minimum requirement for EB2? From what I read, it's BS+5yrs, or MS+1yr.
EB2, officially known as "members of a profession holding advanced degree", requires a "Masters degree". USCIS views a BS+5 as equivalent to a masters degree for this purpose.
1. Is there a rule that the experience should have been gained outside of the US?
No
2. Is there a rule that the number of years experience should be from an employer other than the petitioning employer?
Yes
Thanks!
What is the minimum requirement for EB2? From what I read, it's BS+5yrs, or MS+1yr.
EB2, officially known as "members of a profession holding advanced degree", requires a "Masters degree". USCIS views a BS+5 as equivalent to a masters degree for this purpose.
1. Is there a rule that the experience should have been gained outside of the US?
No
2. Is there a rule that the number of years experience should be from an employer other than the petitioning employer?
Yes
Thanks!
more...
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Ann Ruben
08-08 11:46 AM
It is possible to "interfile" in this situation, (See AFM Sec. 23.2(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another).
However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).
However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).
nviren
04-12 05:36 PM
This is very good.
Anybody coming to the site for the first time want to evaluate what you are, where you are going and where did you reach. This link will provide some inputs for them to evaluate "Where did you reach"
Media people visiting IV will also know what you were written about.
And I guess there are quite a few of them.
Anybody coming to the site for the first time want to evaluate what you are, where you are going and where did you reach. This link will provide some inputs for them to evaluate "Where did you reach"
Media people visiting IV will also know what you were written about.
And I guess there are quite a few of them.
more...
pillagandhi
04-27 11:29 AM
In my fifth year H1B (cap exempt)
applied for cap subject
employer in east coast
Receipt date: 4/11/2011
status :initial review
on 4/25/2011 : checked online
we transferred this case I129 PETITION FOR A NONIMMIGRANT WORKER to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
They never sent any notice to lawyer or me about this.
Today is beyond the 15 days for premium processing.
What does this mean? and what am I supposed to do
applied for cap subject
employer in east coast
Receipt date: 4/11/2011
status :initial review
on 4/25/2011 : checked online
we transferred this case I129 PETITION FOR A NONIMMIGRANT WORKER to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
They never sent any notice to lawyer or me about this.
Today is beyond the 15 days for premium processing.
What does this mean? and what am I supposed to do
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mannishk
08-06 03:03 PM
Thanks, that is what i had thought and came to know by an attorney as well.
Regards,
Regards,
more...
mdkris
03-31 11:18 AM
Hello!
My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.
Any inputs are apprciated. Thanks!
My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.
Any inputs are apprciated. Thanks!
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joeyzhou2009
05-25 09:35 PM
I've found this site to be very helpful so far and would like to ask for some opinions on my case.
My I-485 (EB2) was submitted in 2007 and the PD is approaching, only 5 days away based on June's VB. My girlfriend is currently with F-1 visa and we are planning on getting married asap so that she can submit her 485 before my case is approved.
Here's the complete list that I can think of based on the research that I've done.
Documents that my future wife's need prepare
I-485 form
birth certificate
marriage certificate
medical exam
passport pages (I-94 card ect)
I-20 form
Two photos
Documents that I need prepare
My I-485 receipt
????
Wish you everyone good luck.
Many thanks,
Joey
My I-485 (EB2) was submitted in 2007 and the PD is approaching, only 5 days away based on June's VB. My girlfriend is currently with F-1 visa and we are planning on getting married asap so that she can submit her 485 before my case is approved.
Here's the complete list that I can think of based on the research that I've done.
Documents that my future wife's need prepare
I-485 form
birth certificate
marriage certificate
medical exam
passport pages (I-94 card ect)
I-20 form
Two photos
Documents that I need prepare
My I-485 receipt
????
Wish you everyone good luck.
Many thanks,
Joey
more...
Raju
05-19 10:59 AM
Should the job title for PERM labor filing be in Job Zone 5 to qualify under EB2 category? Or could one apply in Job Zone 4 and still qualify for a EB2? Also, does having an MBA, exempt a person from EB quota under any of the proposed bills like STEM, SKIL, PACE, TALENT or should it have to be an MS in Engineering.
A quick response would be greatly appreciated.
Not sure about the first question. SKIL bill will exempt any advanced degree from US or Advanced degree in STEM from outside + 3 Years. PACE, TALENT and the current CIR only exempt STEM Advanced degree + 3 Yrs
A quick response would be greatly appreciated.
Not sure about the first question. SKIL bill will exempt any advanced degree from US or Advanced degree in STEM from outside + 3 Years. PACE, TALENT and the current CIR only exempt STEM Advanced degree + 3 Yrs
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klpd
09-19 12:52 PM
http://www.mercurynews.com/nationworld/ci_6935047
Snippet from the above link is pasted below.
High-tech immigrants
protest visa delays
About 1,000 highly skilled legal immigrants, carrying placards and cell phones and wearing T-shirts emblazoned with U.S. flags, rallied Tuesday at the Capitol to protest long delays and vast bureaucratic backlogs in the immigration system.
The immigrants, including computer engineers, doctors and medical technicians from India and China, came from as far as California and Washington state to call on Congress to provide more permanent visas for highly educated immigrants and more resources for the overburdened immigration system. They said the plight of foreigners living in the United States legally had been eclipsed by the polarized debate over illegal
immigration that led to the defeat of an immigration overhaul in June.
The immigrants, who are living in the United States on student or high-skilled employment visas, said they were nearing despair with waits lasting as long as a decade to obtain visas giving them permanent residence, which are known as a green cards.
Snippet from the above link is pasted below.
High-tech immigrants
protest visa delays
About 1,000 highly skilled legal immigrants, carrying placards and cell phones and wearing T-shirts emblazoned with U.S. flags, rallied Tuesday at the Capitol to protest long delays and vast bureaucratic backlogs in the immigration system.
The immigrants, including computer engineers, doctors and medical technicians from India and China, came from as far as California and Washington state to call on Congress to provide more permanent visas for highly educated immigrants and more resources for the overburdened immigration system. They said the plight of foreigners living in the United States legally had been eclipsed by the polarized debate over illegal
immigration that led to the defeat of an immigration overhaul in June.
The immigrants, who are living in the United States on student or high-skilled employment visas, said they were nearing despair with waits lasting as long as a decade to obtain visas giving them permanent residence, which are known as a green cards.
more...
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HRPRO
03-25 11:30 AM
If you are still maintaining your H as long as it is above the wage on the LCA you dont have an issue. Also when your GC is appproved, you will need to make at least what was said on the labor, if not more.
tattoo Funny Fantasy Soccer Team
karan2004m
10-26 02:07 PM
Is anyone in same BOAT?
I got EAD cards at my new address, but no FP notice yet. Have I missed that or USCIS might not have sent it yet?
How can i check, Can i check the status online for FP ?
Is there any way ?
I got EAD cards at my new address, but no FP notice yet. Have I missed that or USCIS might not have sent it yet?
How can i check, Can i check the status online for FP ?
Is there any way ?
more...
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Prashanthi
09-04 01:49 PM
Yes he can travel during the transfer, in order to file the transfer he will have to show latest paystubs from his previous H-1 employer or he has to show that he reported to work and was hired before he can file for a transfer. To file a transfer the USCIS charges $500 +$320+ $750 ($1500 if the petitioner has more than 25 employees).
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Queen Josephine
May 6th, 2005, 11:50 PM
Queen, it's good to know you're still receiving treatment for your condition. ;)
Gary
:D Well, they can't stop treatment until there's some improvement!
Gary
:D Well, they can't stop treatment until there's some improvement!