clazale
11-12 10:19 AM
can you share more details about your case?
Priority Date: Nov 2004 (EB3 - India)
Labor certification approved - march 2007
Applied I140 and I485 concurrently during the July 2007 fiasco (July 17th 2007 ... to be precise)
Used Cross-chargeability and crossed to EB3 ROW, so my priority date became current
I140 approved: Sept 08
GC Approved: Oct 08.
I dont know if cross-chargeability matters, but the main thing is that when my I485 was approved in Oct 08 the processing time was still showing June 2007 (roughly first week of june 2007), which is more than 1 month behind. And also the processing time was stuck on june 2007 for few months.
Good luck to you and I hope that good days come soon.
Priority Date: Nov 2004 (EB3 - India)
Labor certification approved - march 2007
Applied I140 and I485 concurrently during the July 2007 fiasco (July 17th 2007 ... to be precise)
Used Cross-chargeability and crossed to EB3 ROW, so my priority date became current
I140 approved: Sept 08
GC Approved: Oct 08.
I dont know if cross-chargeability matters, but the main thing is that when my I485 was approved in Oct 08 the processing time was still showing June 2007 (roughly first week of june 2007), which is more than 1 month behind. And also the processing time was stuck on june 2007 for few months.
Good luck to you and I hope that good days come soon.
wallpaper Harley Davidson Motorcycle
Lacris
08-09 10:46 PM
there you go you said that but in a new thread again.........
You're right, but I was trying to see if there's anything we can do so I don't have to in the future.
You're right, but I was trying to see if there's anything we can do so I don't have to in the future.
txh1b
08-18 01:27 PM
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.
2011 local pick up. 2011
FredG
July 18th, 2004, 07:48 AM
Welcome aboard Brandon. Hope you enjoy it here. I agree with Gary's comments. The flower benefited from a little sharpening.
Gary, I think I did something similar. I couldn't tell if you masked it or not. In PS, I first selected all the sky with the magic wand, then expanded that selection 3 pixels, then put a 3 pixel feather on it, then inverted the selection so all the greenery was selected with a soft edge. I then put an adjustment layer bumping up the saturation. Finally, I filled the above selection with black on the adjustment layer's mask so the bump only applied to the sky. From there, it's a matter of taste for how much saturation is desired.
Gary, I think I did something similar. I couldn't tell if you masked it or not. In PS, I first selected all the sky with the magic wand, then expanded that selection 3 pixels, then put a 3 pixel feather on it, then inverted the selection so all the greenery was selected with a soft edge. I then put an adjustment layer bumping up the saturation. Finally, I filled the above selection with black on the adjustment layer's mask so the bump only applied to the sky. From there, it's a matter of taste for how much saturation is desired.
more...
makemygc
06-14 11:42 AM
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
/\/\/\/\
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
/\/\/\/\
ysnraju
05-15 10:28 PM
In person. They are very cool. Simple questions like when you last used or remeber etc..
more...
admin
03-28 10:22 AM
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
2010 2011 Sportster®
dilbert_cal
04-25 12:04 AM
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
more...
ags123
08-29 09:33 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
hair harley davidson iron 883
supers789
10-09 05:36 PM
Can IV core put some light on -
Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?
If NO, any way to add that in?
Thank!
Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?
If NO, any way to add that in?
Thank!
more...
cc123
10-04 04:31 PM
From Poll results, it seems there r 3 people who got their FP notices already. Just want to make sure--you guys are NSC->CSC->NSC transfer cases or was it Xfr'd to TSC?
hot Harley-davidson - Xl883n
gc0402
07-17 09:00 AM
Forgot/didn't know about A# mentioned on my I-140 approval and did not mention it on I-485 application/EAD/AP. will it be an issue??
If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.
If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.
more...
house Harley-Davidson XL883 N Iron,
FredG
July 18th, 2004, 07:54 AM
What an interesting plant! I like the second one better, as it isolates one plant and you can see that all the parts really do belong to just that one. DOF must have been quite a challenge.
tattoo 10 Harley-Davidson Sportster
seekingadvice
12-07 03:10 PM
Hi Everyone,
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
more...
pictures Harley-Davidson Sportster
veni001
06-18 01:53 PM
Remember I-140 is Employer's not yours, only safety net for PD is I-485 +180 days (AC21 rule).
I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
There might be a little problem if the 140 is revoked. But you can certainly try.
I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
There might be a little problem if the 140 is revoked. But you can certainly try.
dresses 2009 Harley Davidson Iron 883
Sachin_Stock
02-02 10:00 PM
Thanks for you concern.
I would appreciate it if you can answer to my specific question. :)
I would appreciate it if you can answer to my specific question. :)
more...
makeup Harley-Davidson XL883N
dexter
12-16 05:26 PM
Hi Charles ,
Thank you for the reply. really appreciate your feedback.
Thanks.
Thank you for the reply. really appreciate your feedback.
Thanks.
girlfriend 2010 Harley-Davidson XL 883N
irock
10-10 06:53 PM
We are also in the same boat. My wife and me finished FP on 10/2. Its already been 9days. No LUD on my case or my wife's case.
Do I need to worry or This is quite normal?
Do I need to worry or This is quite normal?
hairstyles 2009 Harley Davidson Sportster
sabbygirl99
07-07 08:22 PM
Anyone??
spicy_guy
10-21 06:42 PM
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
mrajatish
03-25 12:10 PM
Again, I want to point somethingout and that is because I myself work in that field - there are people with MS in Computer Science working in core Systems which require their Masters degree knowledge. So, it is not like IT is not included, people with masters in Computer Science is included in STEM.
No comments:
Post a Comment