vik352
03-20 12:40 PM
Hi,
I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:
1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.
My question is
1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).
Any input is appreciated.
I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:
1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.
My question is
1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).
Any input is appreciated.
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08-01 11:09 PM
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rpatel
09-18 09:40 AM
The story goes some thing like this....
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
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vijay1974
09-11 01:14 PM
Rally shoud emphasize that its not for increase in any H1B visa but to provide relief for people who are going through AOS to cut down the amount of time whole adjustment process takes.
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RadioactveChimp
04-18 11:37 PM
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godblessamerica_2009
02-16 03:01 PM
any respnse pls
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Election2008
01-09 05:48 PM
I am a freelancer and I plan to write an article for a California based Asian Newsletter about the political views of the Immigrant community.
Most EB Immigrants (now citizens) have forgotten what's it like to be an "Immigrant in a limbo". Let's remind them!! Your thoughts might inspire someone to reconsider their decisions.
I was in your shoes in the mid 90's. and I am aware that most of you are in the midst of a messy immigration process.
But, if you had an opportunity, who would you choose and why?
Most EB Immigrants (now citizens) have forgotten what's it like to be an "Immigrant in a limbo". Let's remind them!! Your thoughts might inspire someone to reconsider their decisions.
I was in your shoes in the mid 90's. and I am aware that most of you are in the midst of a messy immigration process.
But, if you had an opportunity, who would you choose and why?
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feedfront
09-17 09:55 AM
I have not seen this situation with anybody else on forum. Talk to good attorney, they should help you out.
RFE is time sensitive. So act fast.
Good Luck!
RFE is time sensitive. So act fast.
Good Luck!
more...
amsgc
08-22 12:00 PM
The scanned the bar code on the fingerprinting notice and asked to verify the A#, dob etc. that popped up on the computer screen. I think the receipt number was there too.
Does any one remember if at the time of finger printing for 485, did they enter the Receipt Number, A# or both in their computer.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
Does any one remember if at the time of finger printing for 485, did they enter the Receipt Number, A# or both in their computer.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
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CADude
07-27 01:16 PM
You are OK per Q25 of USCIS FAQ. Hope this help.
Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.
Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.
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imconfused
06-29 08:09 AM
my i-94 is abt to expire in 7.5 months time... due to passport expiry date, though my H1B is valid for 1+ more year...how soon can i renew my I-94,? I understand i have to renew my passport first in order to get the I-94 renewed.
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nagamani
07-02 06:33 AM
Arizona immigration law backer politician Barry Wong wants to cut power from illegal immigrant homes (http://www.nydailynews.com/news/national/2010/06/30/2010-06-30_arizona_immigration_law_backer_politician_barry _wong_wants_to_cut_power_from_ill.html)
One Arizona politician has made a vow to make illegal immigrants powerless -- literally.
Republican Barry Wong, a candidate for the Arizona Corporation Commission, an elected body that decides public utility issues, says he would require the utilities to check the immigration status of customers, he told the Arizona Republic.
Rest all states should pass similiar law............
One Arizona politician has made a vow to make illegal immigrants powerless -- literally.
Republican Barry Wong, a candidate for the Arizona Corporation Commission, an elected body that decides public utility issues, says he would require the utilities to check the immigration status of customers, he told the Arizona Republic.
Rest all states should pass similiar law............
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YetAnotherDesi
12-25 12:13 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
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posmd
08-05 02:21 PM
It seems as if the Big B has not given up on this issue just yet. He is making it a point to mention it atleast once each week, despite what other international developments are going on. I think he will be putting the full court press on the house republicans, it will be interesting to see whether he gets them to accept some compromise.
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Rockford
06-24 12:49 AM
I hear a lot about Indian's getting positive PDP (TB Skin Test)result. But when I talked to many of my Indian friends, they say they got negative result. Met only one who got positive skin test result.
Hope this poll sheds some light on what is the percentage of people that got positive reaction to PDP tests. Please participate.
Hope this poll sheds some light on what is the percentage of people that got positive reaction to PDP tests. Please participate.
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yestogc
05-11 10:03 PM
Please do not arrive at anything, it is a standard text and you will be amazed to know that same matter I saw for my I-140 RFE.
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BMS1
11-02 05:47 PM
1. You can work with EAD for whomever you want.
2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.
This is my opinion.
2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.
This is my opinion.
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gc_dream07
01-30 09:59 AM
I have similar situation.
I changed my employer last year and used AC21 / EAD. Now I want to return back to old employer who sponsored my Greencard. Is there a way to withdraw AC21?
Thanks.
I changed my employer last year and used AC21 / EAD. Now I want to return back to old employer who sponsored my Greencard. Is there a way to withdraw AC21?
Thanks.
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gparr
April 3rd, 2005, 05:55 AM
Can't decide which of these I like better. Opinions? And tell me why. Or maybe neither of them works?
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Siddhartht
07-26 02:37 AM
Hi All
I am on L1 visa , i will be getting married in dec-2009 . i want to apply to l2 visa for my wife. i see marriage certificate is required to apply for L2 visa .can't i apply for l2 visa & show the marriage certificate at consulate ?
Please advise . i want to get my wife along with me after marriage
I am on L1 visa , i will be getting married in dec-2009 . i want to apply to l2 visa for my wife. i see marriage certificate is required to apply for L2 visa .can't i apply for l2 visa & show the marriage certificate at consulate ?
Please advise . i want to get my wife along with me after marriage
solaris27
07-19 10:43 AM
<<date>>
<<NAME>.
Bureau of Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501
Dear <<NAME>:
This letter is to confirm that <COMPANY NAME> currently employs and intends to offer permanent
full time employment to <YOUR NAME> as an <DESIGNATION> at a salary of <SALARY>. He began employment
with us on [insert date].
His job duties are: [insert the job duties].
If you have any questions regarding this application, please do not hesitate to contact me.
Sincerely,
XXX
Title
<<NAME>.
Bureau of Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501
Dear <<NAME>:
This letter is to confirm that <COMPANY NAME> currently employs and intends to offer permanent
full time employment to <YOUR NAME> as an <DESIGNATION> at a salary of <SALARY>. He began employment
with us on [insert date].
His job duties are: [insert the job duties].
If you have any questions regarding this application, please do not hesitate to contact me.
Sincerely,
XXX
Title
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