BharatPremi
03-22 12:57 AM
Gurus,
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
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GCA
05-15 01:39 PM
That was a great post from "snathan" and a very touching one as well. Thanks dude.
I see few comments saying otherwise and even pushing "snathan" to pull back his original post. But the way I see it, "snathan" never adviced or forced it on anyone. There are always good and bad things everywhere and upto the matured minds to see what to take and what not to. But to deprive someone of that piece of advice or information or a story for that matter, is what I would term it bad.
Well, if this arrived too late for someones current relation, it should definitely help the next one. After all life doesn't end until the last breath.
Also thanks to Mbhai too. Though meant to criticize, still had the "snathan" posting in quotes. Otherwise many like me wouldn't have had the chance to read his post. Again I am not saying Mbhai and rest others who criticized did anything wrong. They again free to share there opinion but could have avoided pointing directly to someone ( no harm ). All here are matured enought to see whats good/bad and what to take/not.
No harm intended against anyone in this post. Take it all easy guys.
I see few comments saying otherwise and even pushing "snathan" to pull back his original post. But the way I see it, "snathan" never adviced or forced it on anyone. There are always good and bad things everywhere and upto the matured minds to see what to take and what not to. But to deprive someone of that piece of advice or information or a story for that matter, is what I would term it bad.
Well, if this arrived too late for someones current relation, it should definitely help the next one. After all life doesn't end until the last breath.
Also thanks to Mbhai too. Though meant to criticize, still had the "snathan" posting in quotes. Otherwise many like me wouldn't have had the chance to read his post. Again I am not saying Mbhai and rest others who criticized did anything wrong. They again free to share there opinion but could have avoided pointing directly to someone ( no harm ). All here are matured enought to see whats good/bad and what to take/not.
No harm intended against anyone in this post. Take it all easy guys.
Gravitation
07-06 04:39 PM
LITERALLY BEGGING FORYOUR GCs.
THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...
NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...
SHORTCUTS ...huh ...??
DISGUSTING
:D Thanks for the laughter. :D I almost fell out of chair imagining the depths of your imbecility! :D
THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...
NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...
SHORTCUTS ...huh ...??
DISGUSTING
:D Thanks for the laughter. :D I almost fell out of chair imagining the depths of your imbecility! :D
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hpandey
11-27 11:29 AM
Many thanks to IV for doing all the work and collecting this very useful information. It truly shows that IV is the one and only platform that helps the EB population.
United we stand.
United we stand.
more...
desighee
01-04 10:10 AM
yes don't wish for two wives.
One wife itself is sufficient to cause life long agony and u r wishing for too!
Indeed a brave fellow and should be given a GC on national interest waiver
One wife itself is sufficient to cause life long agony and u r wishing for too!
Indeed a brave fellow and should be given a GC on national interest waiver
gc28262
03-27 11:49 AM
"somebody who should not be allowed in your house" is not necessarily a security threat."
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.
more...
ddeka
11-06 12:56 PM
If your attorney filed your case, then:
EAD is sent directly you
FP is sent to you and your attorney
AP is sent to your attorney.....
All these are sent by USCIS via regular mail.....
Your attorney might have sent the AP documents to you via DHL...
No - It came to me directly from Texas Service Center. My Lawyer didn't even know - I informed them. All three EAD/AP/FP directly came to me except receipt notice which were sent to my Lawyer
EAD is sent directly you
FP is sent to you and your attorney
AP is sent to your attorney.....
All these are sent by USCIS via regular mail.....
Your attorney might have sent the AP documents to you via DHL...
No - It came to me directly from Texas Service Center. My Lawyer didn't even know - I informed them. All three EAD/AP/FP directly came to me except receipt notice which were sent to my Lawyer
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MDix
02-13 03:15 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=97e19c337879d110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Please share your thoughts.
Thanks,
MDix
Please share your thoughts.
Thanks,
MDix
more...
ca_immigrant
11-27 01:12 AM
This definately looks good...
Good in the sense....some weeks back there was another analysis here that said I will get GC in 2016, now it is saying 2010 -;)
I do not necessarily understand all the details here.....but just hope this will turn out to be true from cut off date perspective....
Thanks IV !
Good in the sense....some weeks back there was another analysis here that said I will get GC in 2016, now it is saying 2010 -;)
I do not necessarily understand all the details here.....but just hope this will turn out to be true from cut off date perspective....
Thanks IV !
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naushit
02-01 05:18 PM
Also add....
7. STOP calling us "ALIENS". We are from just eastern part of earth.
when I am called alien...I am really pissed.
No tip for you....if you call me alien.
7. STOP calling us "ALIENS". We are from just eastern part of earth.
when I am called alien...I am really pissed.
No tip for you....if you call me alien.
more...
Redeye
12-13 11:19 PM
Understand that, but do you really think (s)he is worried about that at this moment any more than his next board meeting with the board members and CEO. Not increasing H1B quota itself and allowing lottery for highly skilled program, go figure sends some signal that they do not care if you graduate from MIT or from an unknown university in tahiti. How do you really test highly skilled??? by lottery?? dah!!!
From a senator or CIO level of view if you can get it cheap why not. It comes down to Toyota carolla or Mercedes CLS550 when you are only concerned about getting from point A to point B, enjoying the ride is not in question here.
From a senator or CIO level of view if you can get it cheap why not. It comes down to Toyota carolla or Mercedes CLS550 when you are only concerned about getting from point A to point B, enjoying the ride is not in question here.
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Brightsider
06-02 10:30 AM
Guys,
Spread the word.
The bill is slipping in its position.....rather, others are overtaking.
Let us tell our friends and colleagues, and encourage and urge them to vote and support.
God Bless US
Spread the word.
The bill is slipping in its position.....rather, others are overtaking.
Let us tell our friends and colleagues, and encourage and urge them to vote and support.
God Bless US
more...
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spindoctor
07-20 01:21 AM
well since we are in the mood for quotes here's a different take on the use of past moves in making a current move:
George Santayana:
Those who cannot learn from history are doomed to repeat it.
Etienne Gilson:
History is the only laboratory we have in which to test the consequences of thought.
Kurt Vonnegut:
History is merely a list of surprises. It can only prepare us to be surprised yet again.
Pearl S. Buck:
One faces the future with one's past.
though ofcourse there is no point in fretting over split milk, learning from the past is very very important... Both your own past moves as well as those of people before you.
History does not repeat itself. The historians repeat one another.
Max Beerbohm
History will be kind to me for I intend to write it.
Winston Churchill
George Santayana:
Those who cannot learn from history are doomed to repeat it.
Etienne Gilson:
History is the only laboratory we have in which to test the consequences of thought.
Kurt Vonnegut:
History is merely a list of surprises. It can only prepare us to be surprised yet again.
Pearl S. Buck:
One faces the future with one's past.
though ofcourse there is no point in fretting over split milk, learning from the past is very very important... Both your own past moves as well as those of people before you.
History does not repeat itself. The historians repeat one another.
Max Beerbohm
History will be kind to me for I intend to write it.
Winston Churchill
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mmj
04-19 01:36 PM
I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
more...
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chanduv23
01-09 05:13 PM
logiclife - thanks for such a detailed description. And welcome back after a long time :)
Your explanation was more "ANACONDA" than "COBRA"
Your explanation was more "ANACONDA" than "COBRA"
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saimrathi
07-10 08:35 AM
"Maybe" CNN is being directed by some political pressure from the Govt? This is my opinion.. :eek:
more...
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spicy_guy
10-19 01:37 PM
Mine RD: Sep 3rd
I have booked tickets for Nov 18th.
I think I can wait until this month end to start expediting process. I will have 17 days window.
What do you suggest guys? Is that a reasonable time or I should start right away?
Thanks
I have booked tickets for Nov 18th.
I think I can wait until this month end to start expediting process. I will have 17 days window.
What do you suggest guys? Is that a reasonable time or I should start right away?
Thanks
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GCInThisLife
06-02 12:16 AM
Well.. it didn't turn out to be a major issue after all. At least for us. Both my self and my wife got approved in May. The first LUD since FP was on the day we were approved.
I do understand that 'not working' immediately after getting H1B is a problem and considered out of status and in addition you can also work while SSN is pending. However, most employers do not know about work with out SSN (pending) and according to some lawyers, we may be able to fight for this.
As I investigated further, there are so many people in the similar situation esp. spouses, i.e., getting on payroll a little late etc. Many of them for genuine reasons (though you will find fault with those reasons) and fell into unknowingly. However, most of them got GCs with out any problem.
The trick may be to put forward the documentation in such a way that it will not raise any flag. You require to submit Paystubs, w2s, tax returns only for primary applicant as supporting documentation I134 (affidavit) to prove that the dependent is not public charge. You need to make sure that information entered in the any forms (I485, Bio, I-134 etc) agree with supporting documentation such as I94, I797, PP/Visa or any documentation you included. If information do not match, it may raise a flag and IO may ask for more information. So do not get overexcited and submit only what is asked. YOU SHOULDN'T LIE. JUST SUBMIT ONLY WHAT IS ASKED.
I do understand the forms are useful, but I honestly feel that it is unnecessary stress. As I mentioned I was never been under so much stress as I was when folks pointed that we may not get GCs. I didn't sleep for couple days.. And stopped visiting this forum. Later my wife made me realize that family life is most important as long as we are together, country of residence does not matter. When our son was born last month, I truly felt 'damn GC'.. funnily got approved in the same week :).
There are few people who are truly helpful, but most come to forms just for kicks and show of their knowledge and talk/act like lawyers. My suggestion is DON'T HURT PEOPLE WHO COME FOR HELP. Esp, when there is something negative, don't try to prove and re-prove your point or satisfy your ego with logical answers or internet search results etc. This will hurt the person 'in trouble' even more. Just imagine your self in similar situation, then you will realize that most people get into situations unknowingly and probably unaware of till some one like you points out. Try to offer some suggestions if you can or stay away. If you want kicks, have a drink and watch a game or something. THANKS FOR READING THIS.
BYE BYE. Good luck to every one who is still waiting.
I do understand that 'not working' immediately after getting H1B is a problem and considered out of status and in addition you can also work while SSN is pending. However, most employers do not know about work with out SSN (pending) and according to some lawyers, we may be able to fight for this.
As I investigated further, there are so many people in the similar situation esp. spouses, i.e., getting on payroll a little late etc. Many of them for genuine reasons (though you will find fault with those reasons) and fell into unknowingly. However, most of them got GCs with out any problem.
The trick may be to put forward the documentation in such a way that it will not raise any flag. You require to submit Paystubs, w2s, tax returns only for primary applicant as supporting documentation I134 (affidavit) to prove that the dependent is not public charge. You need to make sure that information entered in the any forms (I485, Bio, I-134 etc) agree with supporting documentation such as I94, I797, PP/Visa or any documentation you included. If information do not match, it may raise a flag and IO may ask for more information. So do not get overexcited and submit only what is asked. YOU SHOULDN'T LIE. JUST SUBMIT ONLY WHAT IS ASKED.
I do understand the forms are useful, but I honestly feel that it is unnecessary stress. As I mentioned I was never been under so much stress as I was when folks pointed that we may not get GCs. I didn't sleep for couple days.. And stopped visiting this forum. Later my wife made me realize that family life is most important as long as we are together, country of residence does not matter. When our son was born last month, I truly felt 'damn GC'.. funnily got approved in the same week :).
There are few people who are truly helpful, but most come to forms just for kicks and show of their knowledge and talk/act like lawyers. My suggestion is DON'T HURT PEOPLE WHO COME FOR HELP. Esp, when there is something negative, don't try to prove and re-prove your point or satisfy your ego with logical answers or internet search results etc. This will hurt the person 'in trouble' even more. Just imagine your self in similar situation, then you will realize that most people get into situations unknowingly and probably unaware of till some one like you points out. Try to offer some suggestions if you can or stay away. If you want kicks, have a drink and watch a game or something. THANKS FOR READING THIS.
BYE BYE. Good luck to every one who is still waiting.
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mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
mallu
02-12 01:46 AM
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
.
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
.
answers_seeker
02-25 06:04 PM
Got my RFE finally. It is for an employment letter. They gave me until 3/19. (RFE was generated on 2/13)
-a
Got my wife's RFE today ( sent to the lawyer who scanned it for us). My wife apparently forgot to sign the medical form before the physician sealed it. We need to go back to the physician have it signed in his presence and have it sealed by him again. Not a big deal I guess.
-a
Got my wife's RFE today ( sent to the lawyer who scanned it for us). My wife apparently forgot to sign the medical form before the physician sealed it. We need to go back to the physician have it signed in his presence and have it sealed by him again. Not a big deal I guess.
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