boreal
12-28 02:35 PM
I just got my I140 approved. Waiting for 485 visa number to become avaiable. Have an offer of a better paying job in a bigger company. Can I switch Company and still carry the PD from the LC/I140 of the previous employer?
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused:
You can only carry the PD, provided that the current I140 is not revoked. (provided it is not cancelled either due to mis-representation). You would have to restart from scratch with the LC though. You would be losing the time that has already been spent on LC/140 obviously.
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused:
You can only carry the PD, provided that the current I140 is not revoked. (provided it is not cancelled either due to mis-representation). You would have to restart from scratch with the LC though. You would be losing the time that has already been spent on LC/140 obviously.
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sc09876
08-10 02:42 PM
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Let me just say I am not here to start a EB2 vs EB3 fight. I think the beef is that EB3 is still in 2002 while EB2 is now peeking into 2007.
However, IMHO, if you extend that logic, since EB3 has much more filings than EB2, EB2 wait time would be unrealistically high. Just my opinion that it defeats the purpose of classification, since in the end, it will be PD based and not classification based.
Instead the focus should be in "automatic" progression to higher classification if the PD has certain # of years. For example: If the job requirement had 3 years at the time of labor and 3 more years have passes since, 140 should automatically be allowed to re-classify to EB2 (filed or yet to file)
This way, working for the same employer and adding experience will be an advantage and would not need to change jobs just to re-classify or port.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Let me just say I am not here to start a EB2 vs EB3 fight. I think the beef is that EB3 is still in 2002 while EB2 is now peeking into 2007.
However, IMHO, if you extend that logic, since EB3 has much more filings than EB2, EB2 wait time would be unrealistically high. Just my opinion that it defeats the purpose of classification, since in the end, it will be PD based and not classification based.
Instead the focus should be in "automatic" progression to higher classification if the PD has certain # of years. For example: If the job requirement had 3 years at the time of labor and 3 more years have passes since, 140 should automatically be allowed to re-classify to EB2 (filed or yet to file)
This way, working for the same employer and adding experience will be an advantage and would not need to change jobs just to re-classify or port.
stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
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GCAmigo
12-13 10:11 AM
for contacting/fax etc..
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vin13
03-09 01:45 PM
I cannot express my anguish.
I can understand the anguish. When you are really close and the bulletin does not move.
I can understand the anguish. When you are really close and the bulletin does not move.
nomi
12-11 02:28 PM
Quote:
Originally Posted by god_bless_you
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
Originally Posted by god_bless_you
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
more...
engineer
06-12 11:57 AM
CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
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GC_US_64
12-26 03:58 PM
We cannot save for our children's college in college savings plan as every plan needs a GC.
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smuggymba
09-10 12:53 PM
My PD is March 2010 EB2 so i'm not even in this race yet but help me in understanding one thing.
Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.
Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.
Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.
Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.
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pappu
08-03 01:01 PM
if there is diff emails with diff content it will be better. it will show diversity. even though we all will say the same thing.
on second thoughts i feel lou dobbs is unlikely to change his opinion even if 1K people send him mails. send it anyways to all other cnn anchors so that IV can get some coverage on cnn.
on second thoughts i feel lou dobbs is unlikely to change his opinion even if 1K people send him mails. send it anyways to all other cnn anchors so that IV can get some coverage on cnn.
more...
grinch
03-13 10:38 PM
man we were blown out of the competition...
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cookbook
11-27 09:22 AM
I am trying to self file I765, I want to paperfile since I don't want to go for photos and other stuff to the Uscis center. My lawyer has filed my earlier applications for employment authorization and parole. He has filled all my previous employment authorization dates on the I765 forms, however I cannot fill more than 2 dates on the I765 forms, do I convert the form into word and fill it and reconvert it back? I have to file next week, please help.
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h1techSlave
07-28 03:04 PM
Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?
I always thought in the same angle. Why people are so jittery about alcohol? Alcohol is harmless in reasonable quantities. It is bad when consumed excessively; so are oil, rice etc. What's the big deal about alcohol alone?
I always thought in the same angle. Why people are so jittery about alcohol? Alcohol is harmless in reasonable quantities. It is bad when consumed excessively; so are oil, rice etc. What's the big deal about alcohol alone?
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pmb76
03-15 09:48 PM
yup........i wish everyone who used substitute labor, or interfiled EB3 to EB2 should not get their green cards for about 10 more years. May they be screwed by their (mostly) desi (mostly) IT-Software employers.........they deserve every single bit of misfortune for F*$#ING up the chances for every honest EB filer, who patiently waits in the RIGHT queue.
As far as i am concerned, such people can go to hell.........and i wish they do!!!
:)
I agree with you completely ! I wish and pray Interfilers and labor substitution applicants rot in hell.
As far as i am concerned, such people can go to hell.........and i wish they do!!!
:)
I agree with you completely ! I wish and pray Interfilers and labor substitution applicants rot in hell.
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DianaSteve
10-29 05:36 PM
Sept 2001
EB3 India
LC approved April 2007
I-140 Pending
I-485 Pending
EB3 India
LC approved April 2007
I-140 Pending
I-485 Pending
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flowershark
08-31 09:24 PM
There's a new site www.jobvendorreview.com that offers a variety of functions to rate and review desi consultants.
more...
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feedfront
11-08 11:39 AM
Nope, not yet.
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
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VIKAS1866
03-19 02:13 PM
Hi,
Any new development on FBI name check process? How can one address this issue?
Any new development on FBI name check process? How can one address this issue?
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485Mbe4001
09-10 04:36 PM
No offense to the decision makers, but i like these quotes and wanted to share them
There is quote by Elie Wiesel
"
It may well be that our means are fairly limited and our possibilities restricted when it comes to applying pressure on our government. But is this a reason to do nothing? Despair is nor an answer. Neither is resignation. Resignation only leads to indifference, which is not merely a sin but a punishment
"
and
H. L. Mencken:
"As democracy is perfected, the office represents, more and more closely, the inner soul of the people. We move toward a lofty ideal. On some great and glorious day the plain folks of the land will reach their hearts desire at last, and the White House will be adorned by a downright moron."
The Baltimore Evening Sun, July 26, 1920
where do we stand. I thought we are legal horses.
There is quote by Elie Wiesel
"
It may well be that our means are fairly limited and our possibilities restricted when it comes to applying pressure on our government. But is this a reason to do nothing? Despair is nor an answer. Neither is resignation. Resignation only leads to indifference, which is not merely a sin but a punishment
"
and
H. L. Mencken:
"As democracy is perfected, the office represents, more and more closely, the inner soul of the people. We move toward a lofty ideal. On some great and glorious day the plain folks of the land will reach their hearts desire at last, and the White House will be adorned by a downright moron."
The Baltimore Evening Sun, July 26, 1920
where do we stand. I thought we are legal horses.
10dulkar
08-15 05:18 PM
Expected news for EB3 folks
snathan
06-10 04:11 PM
Done...
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