lazycis
05-01 11:54 AM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
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salvador marley
07-14 10:55 AM
when was the deadline for this? i take it that the guy who did the one with the moon has won it.
starving_dog
06-13 01:17 PM
Was that 2007 you were referring to?
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chicagobuddy
05-25 01:47 AM
hello krish,
I too have an appointment at matamoros on June 3th 2010. Please share your experiences
after your interview
I too have an appointment at matamoros on June 3th 2010. Please share your experiences
after your interview
more...
buehler
11-20 11:25 AM
Hmm interesting - I can smell CIR coffee brewing.
EB folks - brace for a bumpy ride
Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.
EB folks - brace for a bumpy ride
Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.
gc_on_demand
04-06 10:34 AM
Could elaborate why you say this is about I140? I couldnt derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I dont think there will be any action, period.
The whole thing is written as if June 2007 happened by mistake, I dont buy that.
If publisher understand meaning of Petition vs Application then I 140 is petition which can be approved or denied and doesnot need adjuction. While I 485 is a visa application by individual which can be adjucted if visas are available and petition has been approved.
But here they are talking both words in same sentence. It could be they approved 75k I 140 and adjucted those many 485s. and their goal to have only 55k I 140 on hand.
Still they can approve 65k I 485 from pending backlog. ( 75 + 65 = 140k ). So my understanding is from previous backlog they approved 75k I 140 + I 485. Still 65k visas are left . if these many visas are left then I dont think dates for Eb2 india will go near to 2005.
The whole thing is written as if June 2007 happened by mistake, I dont buy that.
If publisher understand meaning of Petition vs Application then I 140 is petition which can be approved or denied and doesnot need adjuction. While I 485 is a visa application by individual which can be adjucted if visas are available and petition has been approved.
But here they are talking both words in same sentence. It could be they approved 75k I 140 and adjucted those many 485s. and their goal to have only 55k I 140 on hand.
Still they can approve 65k I 485 from pending backlog. ( 75 + 65 = 140k ). So my understanding is from previous backlog they approved 75k I 140 + I 485. Still 65k visas are left . if these many visas are left then I dont think dates for Eb2 india will go near to 2005.
more...
meridiani.planum
02-27 06:04 PM
It is worse than your estimates below because when green card is issued spouse and children are also counted in the quota unlike the h1 where spouse and children are not counted in the quota. Even if we assume each green card applicat has only one child, there would be 3 visa numbers used for each GC applicant. Going by that India has a demand for 150K GC as per the perm statistics but it gets only about 10000 per year. At this rate people from India who applied for GC in 06 and 07 would have to wait about 15 years and 30 years respectively to get the GC!!!!!!!!
he took that into account (thats the 2.5:1 ratio of GCs filed:LC). Stats have shown the ratio is typically 2.1, but thats close (& scary) enough.
he took that into account (thats the 2.5:1 ratio of GCs filed:LC). Stats have shown the ratio is typically 2.1, but thats close (& scary) enough.
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kaisersose
05-30 10:17 AM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
more...
lazycis
09-27 02:28 PM
Are you 100% sure about this.
I am
I am
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saro28
10-30 09:08 PM
Hello ncgc, Please post your experience once you get the card back. My spouse (filed seperate) has the the same issue. She received the EAD card with wrong photo and today she received the AP with the wrong photo as well. We are going to send it back to the lawyer, so he can follow up with INS. Is your AP photo looks ok?
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brawn81
11-25 03:32 PM
Good work, but small modification.
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
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reallow23
12-25 10:06 AM
I just receive the best Christmas gift I could ever ask for?? My name check and background check is clear after 2 years.....Now I'm receive my GC so I can start traveling......All my interview was approve so now they are (order card)....Enjoy ur Holiday.......
more...
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mrane1
08-08 03:54 PM
Sept 07! Did you enquire with them as you should now be eligible to ask them since its already sixty days have past since you got your GC!
Looks strange.
Opened SR's, infopass etc... first the reason was NC... now they just say it should be approved, no idea why its stuck... Now we are just tired... let it come whenever it has to... 11 years and still waiting :mad:
Looks strange.
Opened SR's, infopass etc... first the reason was NC... now they just say it should be approved, no idea why its stuck... Now we are just tired... let it come whenever it has to... 11 years and still waiting :mad:
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Imigrait
09-07 01:31 PM
I was in the same situation as you when I applied. In general, there should not be a problem with MS+0.
Another alternative is to show the experience gained at your current employer in your application. For that to happen, you should've been promoted to a position in which ur exprience is 50% same as your old position, then you can get an affidavit from your manager stating this fact.
This is what we had done for my traditional labor. I believe it still holds true for PERM, suggest you talk to the company's lawyer.
Could you explain that a little further?
When you say "experience is 50% same" does that exactly mean how you said it OR does that mean "experience is at least 50% same" OR "experience is at the most 50% same"?
Thanks.
Another alternative is to show the experience gained at your current employer in your application. For that to happen, you should've been promoted to a position in which ur exprience is 50% same as your old position, then you can get an affidavit from your manager stating this fact.
This is what we had done for my traditional labor. I believe it still holds true for PERM, suggest you talk to the company's lawyer.
Could you explain that a little further?
When you say "experience is 50% same" does that exactly mean how you said it OR does that mean "experience is at least 50% same" OR "experience is at the most 50% same"?
Thanks.
more...
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piyu7444
05-11 01:56 PM
Job Title has to be same. Detail description does not matter. So if you are say "Computer System Analyst", new job should have same title. Duties do not matter. Higher salary is OK. No problems there. I-140 if revoked by previous company does not harm.
Good Luck. I am also using AC21.
Please ask your lawyer once again as what I have read on IV or any other website about AC21 is that job title does not matter but job descriptionduties is what matters..........This is the first time I am reading that Job title has to match.........and if thats true ( I dont think its true) then a lot of people will be screwed coz 99% of time even if its the same job no 2 companies will have the same job title..........
Good Luck. I am also using AC21.
Please ask your lawyer once again as what I have read on IV or any other website about AC21 is that job title does not matter but job descriptionduties is what matters..........This is the first time I am reading that Job title has to match.........and if thats true ( I dont think its true) then a lot of people will be screwed coz 99% of time even if its the same job no 2 companies will have the same job title..........
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milind70
12-03 08:32 AM
I had very very bad experience in Mumbai. I had lost my all documents except passport .Keep ur Documents all the time with you no matter what situation would be. Look for good safe hotel don’t go after chip hotel. One more thing keep all your valuables in secured place.
At consulate experience was pleasant.
This case u described is common and applicable to any city in world/India so please dont single out Mumbai. It is a fine city.
At consulate experience was pleasant.
This case u described is common and applicable to any city in world/India so please dont single out Mumbai. It is a fine city.
more...
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kondur_007
09-22 09:48 AM
What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?
Your question is very short, but this is what I understand you are asking:
If GC is approved with XXX salary on the LC and offer letter during the GC process, but then employer only offers/pays YYY salary upon approval of GC.
As far as I can tell, this would be a problem on the part of employer and not the employee. For the most part, employee can leave that employer without any problems in future. what I do not know is, which one of the following option is better:
1. Never join the employer after getting GC as salary offerred after GC is lower than what was on LC.
2. Join the employer for a month or two and then leave giving the reason that "employer did not pay the salary offered in LC". This may be a safer option as you do prove your intention to join the employer and you get a few pay stubs proving that employer is not paying enough salary (not just othe offer letter showing YYY salary, but the hard proof of YYY salary by means of paystubs).
Also if the employer really does not have project, and can not really hire you at a salary offered on LC, and you have good terms with the employer, ask them to "fire" you rather than you leaving them. This way you will be very safe for future citizenship process.
Good Luck.
Your question is very short, but this is what I understand you are asking:
If GC is approved with XXX salary on the LC and offer letter during the GC process, but then employer only offers/pays YYY salary upon approval of GC.
As far as I can tell, this would be a problem on the part of employer and not the employee. For the most part, employee can leave that employer without any problems in future. what I do not know is, which one of the following option is better:
1. Never join the employer after getting GC as salary offerred after GC is lower than what was on LC.
2. Join the employer for a month or two and then leave giving the reason that "employer did not pay the salary offered in LC". This may be a safer option as you do prove your intention to join the employer and you get a few pay stubs proving that employer is not paying enough salary (not just othe offer letter showing YYY salary, but the hard proof of YYY salary by means of paystubs).
Also if the employer really does not have project, and can not really hire you at a salary offered on LC, and you have good terms with the employer, ask them to "fire" you rather than you leaving them. This way you will be very safe for future citizenship process.
Good Luck.
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amsgc
04-22 09:05 PM
I was just going over PERM data (http://www.flcdatacenter.com/CasePerm.aspx) for FY 2005 and 2006. I found that 19,515 cases were approved for India, for cases filed between March 2005-Dec 31 2005. This includes EB2 and EB3. This is smaller than what I was expecting.
Anybody have any data on LCs approved (India) for cases filed b/w Jan 04-Mar05?
Anybody have any data on LCs approved (India) for cases filed b/w Jan 04-Mar05?
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smuggymba
03-24 06:32 PM
I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported
how did u travel back to your home country? All airlines check passport before issuing a boarding pass.
how did u travel back to your home country? All airlines check passport before issuing a boarding pass.
nozerd
01-15 02:34 PM
The centers seem pretty spread out Geographically. Which part of the country do you live ?
truthinspector
01-28 08:12 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?
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
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