for_gc
04-27 04:55 PM
First of all, no need to be so concerned. Also this is not unique situation.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
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admin
04-08 09:22 AM
I have changed the title of this thread to make it less controversial.
Macaca
01-28 08:19 PM
Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?
He is backing off from amnesty. Guest worker is one option without amnesty. Here is numbersusa crap (http://www.numbersusa.com/index) on covert message.
Current state of guest worker program is at Unions Split on Immigrant Workers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/26/AR2007012601635.html).
He is backing off from amnesty. Guest worker is one option without amnesty. Here is numbersusa crap (http://www.numbersusa.com/index) on covert message.
Current state of guest worker program is at Unions Split on Immigrant Workers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/26/AR2007012601635.html).
2011 CHARMI
obviously
12-04 08:15 PM
Next time you fly into India, THANK the security folks for taking care of security day in and day out.
After all they are also human beings. They work in one of the most unmotivating work environments. Worse than those in GC Q's.
If each of us did this, imagine the power of change... and they will be more motivated to secure and protect all...
Just a simple "Thanks for taking care of us all"... and not too much to arouse suspicion :)
After all they are also human beings. They work in one of the most unmotivating work environments. Worse than those in GC Q's.
If each of us did this, imagine the power of change... and they will be more motivated to secure and protect all...
Just a simple "Thanks for taking care of us all"... and not too much to arouse suspicion :)
more...
maxy
09-27 09:47 AM
I have approved I140 notice ... i dont see A# can you pls help me find that number in approval notice (797)
mdforgc
05-19 04:48 AM
I am not a lawyer, just an immigrant who waded thru these, stil pending GC 485 filed. The issue is, if your employer revokes your 140 before it is approved, or worse yet, if it is not filed, I dont know what visa u r on or how much is left on it. In any case, from my experience, you have to be able to know and track ur application once it is filed, as in my experience there is an unholy nexus betwween employers and lawyers, not to mention the inherent delaying nature of these immigration lawyers. Points
1. Be able to track ur application on USCIS website with the receipt number
2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.
1. Be able to track ur application on USCIS website with the receipt number
2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.
more...
iptel
04-18 12:48 PM
Guys:
Before we get all excited and start signing petitions, please check to confirm whether you are legally safe by doing so. For more information please see this link from Murthy website http://www.murthy.com/news/n_parele.html
I write this because the petition is sponsored by a campaign manager for Kennedy. Please be very careful in signing such petitions. I would recommend discussing any such petition on this forum and getting input from the IV folks or from your lawyers before signing any petition that supports an individual or any particular political party.
Thanks bkarnik
Before we get all excited and start signing petitions, please check to confirm whether you are legally safe by doing so. For more information please see this link from Murthy website http://www.murthy.com/news/n_parele.html
I write this because the petition is sponsored by a campaign manager for Kennedy. Please be very careful in signing such petitions. I would recommend discussing any such petition on this forum and getting input from the IV folks or from your lawyers before signing any petition that supports an individual or any particular political party.
Thanks bkarnik
2010 Charmi
psaxena
06-10 05:37 PM
people say I support it as if they are in the congress committee and the moment they say "I support it", the idea become a bill and gets passed.
I support it.
I support it.
more...
vin13
06-25 10:10 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
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fittan
03-16 06:27 PM
GCPagla,
Job title doesn't have to be the same. The requirement is "same or similar" job. I am in the IT networking...network admin, system admin, network engineer, system engineer, IT consultant, network consultant are all the same. The key is that the job description is similar...there are no guidelines basically its all common sense. For you to go from programmer analyst to development is perfectly ok.
I've not done AC21 before. But if I do, here's what I'll do...Compare your labor description with the new job requirements. They should be similar. Prepare a AC21 letter that list the common and general requirements and send it to the USCIS. They are no official forms and some people even say that this letter is not necessary. However, I think it is important to cover your behind. Make sure this letter is certified, registered so that if anything happens you can prove that you did inform them and ported your I-140 to the new company.
Fittan
Job title doesn't have to be the same. The requirement is "same or similar" job. I am in the IT networking...network admin, system admin, network engineer, system engineer, IT consultant, network consultant are all the same. The key is that the job description is similar...there are no guidelines basically its all common sense. For you to go from programmer analyst to development is perfectly ok.
I've not done AC21 before. But if I do, here's what I'll do...Compare your labor description with the new job requirements. They should be similar. Prepare a AC21 letter that list the common and general requirements and send it to the USCIS. They are no official forms and some people even say that this letter is not necessary. However, I think it is important to cover your behind. Make sure this letter is certified, registered so that if anything happens you can prove that you did inform them and ported your I-140 to the new company.
Fittan
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gsc999
02-08 10:33 PM
well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
Hello estrela,
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
Hello estrela,
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
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sobers
06-02 10:40 AM
you're absolutely right jkays94. FAIR, NumbersUSA (mentioned above) and CIS.org are all part of the John Tanton Network. (he also founded US English and other population-control organizations). The SPLC did a feature story on him some time ago. I posted the link to that in one of my earlier posts.
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freakin_gc
02-12 02:31 PM
yeah she is second generation Indo S.African (another 3rd world country). Will you please let how to change country of chargeability with out talking to any immigration attorney
citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.
citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.
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HRPRO
01-18 09:30 AM
H-1B is the responsibility of the employer but it is slightly tricky. If the employee is being paid more than the minimum wage quoted, then he/she can be made liable to pay back the full amount. But still attorney fees and other associated costs can be collected back from the employee.
Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.
Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.
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logiclife
01-05 05:08 PM
As of late this morning have exceeded $6000. Its a start and we need to involve more people who are affected by retrogression.
logiclife.
logiclife.
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sapota
02-27 01:51 PM
From March 05 to Sep 06 data can be found at :
http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf
This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.
http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf
This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.
more...
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gondalguru
07-08 07:53 PM
As tax returns are filed online now (I used turbotax).... do u need to attach all the 1099s (1099 div, 1099 misc etc) that u get from bank, brokers etc to 1040 forms???
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champu
02-18 07:08 PM
Kudos to desi3933!
rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.
Also, you may consider naming him/her Barack...;)
rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.
Also, you may consider naming him/her Barack...;)
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hopefulgc
12-08 01:58 PM
my cousin (think immi.com handle gcapnekbohi ) got his masters 1.5 years ago from university of phoenix .. through online program.
Soon after he tried to interfile his eb3 app for eb2 and he is currently appealing his NOID... reason 'inequality of credit weights from online masters since they are not transferable'.
Anybody know of anyone who has successfully gotten through to eb2 using an online masters? please pm me..thanks in advance.
You should qualify for EB2. It doesn't matter even if it's online.
Soon after he tried to interfile his eb3 app for eb2 and he is currently appealing his NOID... reason 'inequality of credit weights from online masters since they are not transferable'.
Anybody know of anyone who has successfully gotten through to eb2 using an online masters? please pm me..thanks in advance.
You should qualify for EB2. It doesn't matter even if it's online.
GCwaitforever
07-14 09:59 AM
If the provision to let people apply for I-485 without current PD passes, that takes away some pain related to waiting. Nobody can predict when EB3 will become current worldwide or country specific.
dreamworld
01-25 04:43 PM
I live and take bart from fremont. let us know time and day or days of this event. I will plan to stop by or stop for hours to help IV friends.
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