Wednesday, June 15, 2011

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  • nb_des
    09-27 02:31 PM
    According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com

    1. Can you please explain if priority dates can be transferred?
    2. What If I-140 Is Denied?


    A29 1. Sure. Here is the law:
    CHANGING EMPLOYER BEFORE I-140 APPROVAL
    If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
    2. That situation is legally the same as changing employers before I-140 employer.

    CHANGING EMPLOYER AFTER I-140 APPROVAL
    If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.

    If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.

    We recommend that an applicant keep at least a copy of the I-140 approval notice.





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  • countdrak
    11-01 01:01 AM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.





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  • sam_hoosier
    11-28 02:37 PM
    I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
    Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates

    Just wondering if some one else in the same boat not receiving emails.
    I have given my hotmail email ID, if that matters ?

    Any Idea ...

    Did you check your junk folder ?





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  • casinoroyale
    01-26 12:13 PM
    Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.


    Thank you. Is it possible to just increase the length or wrap it instead of displaying "Tooltip" when the user mouse-overs it?



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  • go_gc_way
    07-12 03:18 PM
    when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.

    Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?

    I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.

    Thanks.





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  • mariner5555
    04-04 06:59 AM
    o.k ..here is the link
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
    let me ask something related ..guys please reply.
    which is better - using efile or by sending the application by mail ?
    if sending it by postal mail - do you have to go for fingerprinting ??
    I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!

    anybody with answer to the above ?



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  • Sakthisagar
    10-26 03:11 PM
    In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
    Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
    Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.

    Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.

    On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.

    With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.

    Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.

    If there is any hope, your help/advice/inputs will be greatly appreciated!

    Hope is only with "Audacity of HOPE". We are all with you in this journey towards GC. Good luck to all.





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  • bidhanc
    04-19 02:47 PM
    Hi,

    I just got back from Mumbai.
    My Indian passport was issued here in the States.
    My last place of work in India was Delhi (that was in 2000,where I got my initial visa done).
    But I am a resident of Bhubaneswar.

    I opted for Mumbai as it was going to be my port of entry.
    Did not get any such warning or mail.
    So not much trouble as far as the stamping was concerned.

    Don't understand why they would try and compel you to move to your own district. This must be a recent thing.

    Important question is, if they refuse to stamp at your first choice, how do you get the 2nd appointment at your own district? And will it be worth the trouble.
    Sorry, don't know abt that.

    Bidhan



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  • immi_enthu
    08-10 06:25 PM
    In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.

    andy

    THanks for the info andy. I will check with my company HR rather than talking to my busy lawyer.





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  • seahawks
    10-27 11:40 AM
    Please make sure all WA state members attend this meeting. This is our first meeting. We want to meet all of the members so that we can better connect and share information that cannot be posted on public forums. We also want members to work together to build a strong local state chapter. We have lots of exciting tasks that we all need to take up, your participation is critical for meeting IV goals. Please act, join and meet with us!



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  • sbabunle
    05-05 01:46 PM
    My feeling is that there wont be any new bills for years sometimes. Both house and senate are deeply divided on the immigration issues. All of them want reform. But nobody can agree on any proposals being put forward to.
    Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.

    When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.





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  • shirish
    08-16 12:53 PM
    I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC.
    Not sure how long it will take.

    Hi All,

    My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?

    When i asked for the reason they are saying they did intentionally. Please clarify.



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  • atlgc
    04-05 08:27 AM
    300$
    as one becomes benificiary of the primary applicant





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  • desi3933
    01-14 10:57 AM
    http://www.cis.ctc.edu/pub/groups/ppmsug/ICvEEHandout.pdf


    __________________
    Not a legal advice.



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  • jliechty
    July 13th, 2006, 10:10 PM
    The previous post reminds me of an idea for an "interpretive dance" from Whose Line... "Diarrhea, flows like a river." And may I ask... how much did you pay the webmaster to post that advertising? (pardon me and ignore this if the previous post is deleted).

    Anyway, I really like the second shot... It seems to have better contrast, which makes the flower stand out well. Good work, Gary; no need to apologize.





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  • amirani
    03-06 01:42 PM
    Thanks for all the information and support, I really appreciate that.

    I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.

    I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.



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  • Googler
    02-08 02:40 PM
    All,

    I did not contact the Ombudsmans Office or Aytes or AILA or DOS in order to discuss my personal case. It was just a part of my now years long efforts to bring attention to certain issues -- I've been speaking with staff at the Ombudsmans office for several years now, some issues and recommendations that have appeared in his report over the years were the result of these conversations.





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  • andy.jones110
    10-11 10:32 PM
    Hi srinivas72,
    1.Do you got your Visa Transferred?

    2.H1B Extension, I94 Expired, H1B transfer before H1B extension. When can I start working with new employer ..after getting receipt or after getting approval.?

    Thanks in advance.





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  • arsh007
    02-28 12:08 PM
    I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.

    One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.

    Please see the link for additional information:

    http://www.immigrationportal.com/showthread.php?t=196367&page=54





    horscorp
    02-06 07:37 AM
    Hello,

    My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:

    H1b start date: 01-Oct-2004
    Perm applied: Jan-2008
    Audited Twice: First time because of FRAGOMEN and second time asking for some documents
    Perm Status: Pending
    Original H1b expiration: 30-Sep-2010
    H1B extended because Perm has been pending for more than a year
    Current H1b expiration: 30-Sep-2011

    I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.

    In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.

    thanks





    rajpatelemail
    02-12 12:37 PM
    If you are running out of time to save Candian PR under 3 years out of country stay rule, then only we have to think this canda stay.

    If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
    Who knows you may get Labor/I140 in this 1.5 years and may get everything well.

    DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.

    If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.


    Now please give me green, as i do not have many; ;)



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