tuhin
07-16 12:53 PM
Hello,
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
ramus
05-31 04:58 PM
Good going..
It makes you real team player.
Great..
Just post in drive fund thread when you done..
Thanks,
It makes you real team player.
Great..
Just post in drive fund thread when you done..
Thanks,
lostinbeta
10-20 02:28 AM
Edwin used Painter and Photoshop to make that image.
I think the latest one is Painter 7.
I am sure you learned from other people too calaway:)
I think the latest one is Painter 7.
I am sure you learned from other people too calaway:)
eb3India
03-09 09:03 PM
I simply don't get it, first everyone blamed 245i cases and April 2001 deadline, we now passed this stage, I really don't see that many people from India are waiting for GC with PD 2001, so who are consuming these visas, there are only few guys from this year, most of my friends how applied during this year got their greencards
it just does'nt make sense, yes ofcourse reforms is dire necessity
it just does'nt make sense, yes ofcourse reforms is dire necessity
more...
copsmart
06-15 02:52 PM
Given below are my case details.
Paper Based – Sent to Phoenix Lockbox, rerouted to CSC
Mailed Date : May 18th
Delivered Date : May 19th
Received Date : May 20th
Notice Date : June 1st
1st SLUD : June 2nd
2nd SLUD : June 9th
3rd SLUD : June 10th
4th SLUD : June 11th
No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?
I would really appreciate if CSC/WAC applicants post their case status updates.
Thanks!!!
Paper Based – Sent to Phoenix Lockbox, rerouted to CSC
Mailed Date : May 18th
Delivered Date : May 19th
Received Date : May 20th
Notice Date : June 1st
1st SLUD : June 2nd
2nd SLUD : June 9th
3rd SLUD : June 10th
4th SLUD : June 11th
No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?
I would really appreciate if CSC/WAC applicants post their case status updates.
Thanks!!!
JunRN
12-18 08:07 AM
AC21 is quite tricky. There is no hard and fast rule that if the ONET number is similar, USCIS will automatically rule in favor of the change. IO's will still look at the details of each job requirements and will check if it matches the requirements in the Labor Certification.
ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.
ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.
more...
tammigaw
02-14 05:10 AM
First i would like to thank all of them for providing me invaluable responses and support.
Since i work as a independent contractor i am not sure if i can complain to DOL.
I greatly appreciate if any one who went through this process can provide me a referral to a reasonable lawyer based in NJ in terms of fee and services .
Thanks a lot and god bless you all.
Since i work as a independent contractor i am not sure if i can complain to DOL.
I greatly appreciate if any one who went through this process can provide me a referral to a reasonable lawyer based in NJ in terms of fee and services .
Thanks a lot and god bless you all.
augustus
04-22 10:31 AM
My lawyer got the RFE notice yesterday....
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
more...
bipin
03-18 12:44 PM
Answers to your Questions:
My first labor was applied with my first company in 2004. In Pre-PERM era separate State and Federal labor approvals were required. My state labor was cleared, and federal pending. When they introduced PERM in June 2005 all the old cases were moved to BRC (Backlog reduction Centre, which was closed in Oct 2007). My labor started rotting in BRC and my then employer was not willing to file a PERM saying, they have to withdraw the current labor and I'll lose my PD. So I was looking for a new employer and got this guy in Aug 2006. Most of us all must have gone with many deals with the employer like 80:20, 95:5 plus payroll tax etc. and in my case the deal was I'll take all immigration related costs hoping for a faster GC.
And now H1 transfer w/o paychecks, yes, it's not possible per law. But it's not always per book, like 3 year degree holders got GC thru EB2 few years back, now they can't even get EB3. So with my current company's attorney I got H1 transferred (Yes, there were RFEs on paycheck!)
Isn't my case shows how this employer based immigration system is completely broken. This guy didn't bring me here, he didn't get me any project, but I had to go to him to get my GC. He must have come here like me few years before and he screwed my life! I'm stranded now after 8 years working here, and he became richer from his cut of my salary.
My question is, he cancelled my H1 in Aug 2008. It's been 19 months since then. Is there an statutory limit after the violation to file a complain? Also now it looks like he closed the company which was in NJ. The company was registered in DE and I worked for him in CA.
Cany Any Attorney/Member suggest?
Dear Friend,
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
My first labor was applied with my first company in 2004. In Pre-PERM era separate State and Federal labor approvals were required. My state labor was cleared, and federal pending. When they introduced PERM in June 2005 all the old cases were moved to BRC (Backlog reduction Centre, which was closed in Oct 2007). My labor started rotting in BRC and my then employer was not willing to file a PERM saying, they have to withdraw the current labor and I'll lose my PD. So I was looking for a new employer and got this guy in Aug 2006. Most of us all must have gone with many deals with the employer like 80:20, 95:5 plus payroll tax etc. and in my case the deal was I'll take all immigration related costs hoping for a faster GC.
And now H1 transfer w/o paychecks, yes, it's not possible per law. But it's not always per book, like 3 year degree holders got GC thru EB2 few years back, now they can't even get EB3. So with my current company's attorney I got H1 transferred (Yes, there were RFEs on paycheck!)
Isn't my case shows how this employer based immigration system is completely broken. This guy didn't bring me here, he didn't get me any project, but I had to go to him to get my GC. He must have come here like me few years before and he screwed my life! I'm stranded now after 8 years working here, and he became richer from his cut of my salary.
My question is, he cancelled my H1 in Aug 2008. It's been 19 months since then. Is there an statutory limit after the violation to file a complain? Also now it looks like he closed the company which was in NJ. The company was registered in DE and I worked for him in CA.
Cany Any Attorney/Member suggest?
Dear Friend,
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
txh1b
08-18 02:48 PM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?
willIWill, can you please post the exact wording on your RFE regarding that point?
It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.
Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.
willIWill, can you please post the exact wording on your RFE regarding that point?
It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.
Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.
more...
Bhaskar_80
06-10 10:28 AM
Hi Gurus,
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
5. Does the new job need to be the same title and job requirements as the old one?
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
5. Does the new job need to be the same title and job requirements as the old one?
a_tyagi26
02-02 12:10 PM
Assume:
This mean from the date this bill gets enacted, one should stay in USA for five years continuously.
It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.
What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?
I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.
This mean from the date this bill gets enacted, one should stay in USA for five years continuously.
It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.
What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?
I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.
more...
deba
07-18 12:42 PM
You are deemed to have lost Canadian PR if you have not fulfilled the 2 out of 5 years residency requirement. The issue may not affect you immediately, but will come up in case you decide to renew your PR card after 5 years. You will be asked to detail your Canadian residency for the past 5 years in your application. Note that this is only a requirement for the plastic card, not the landing paper: which is the proof of granting of PR. The plastic card is required for any travel back to Canada except for road travel from the US. Once your 5 year validity for the PR card has expired, it is upto the border official on the Canadian side to decide whether to let you in without a valid PR card. However, with a US GC you do not need any visa/permit to visit Canada and can safely let your residency requirement lapse automatically if you have not met the 2/5 Canadian residency requirement.
navyug
06-26 04:58 PM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....
more...
aug2007
02-24 12:02 AM
I'm in sixth year of H1. Also have EAD for more than 2 years but not used. Also, have valid AP (approved in Dec 2009). My I140 is approved more than a year back and I485 is pending since August 2007.
I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.
I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?
I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?
Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.
I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.
I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?
I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?
Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.
gc_dream07
02-01 01:22 PM
If you have enough money, invest 1million in US, and get GC, and buy peace of mind.
more...
yetanotherguyinline
01-18 01:48 PM
Great initiative Gopal :)
gccovet
07-16 08:39 AM
Hi,
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
Only I-9 is required.
gccovet
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
Only I-9 is required.
gccovet
roseball
05-14 05:20 PM
Please review my ETA 9089, it must fit EB2.
H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY
I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.
Thank you,
What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.
H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY
I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.
Thank you,
What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.
crazyAbtUS
08-14 11:36 PM
I was told by my attorney's office that the application will be rejected if re-filed. I have read though threads which claim that multiple filing is fine, but dont know what to trust!
I480 filed - July,02, waiting for RD/ND
I140, RD-11/03/06, LUD-11/11/07(NSC), Waiting for approval.
I480 filed - July,02, waiting for RD/ND
I140, RD-11/03/06, LUD-11/11/07(NSC), Waiting for approval.
dilbert_cal
04-06 02:03 AM
Thanks for a very good analysis. I was hoping someone will do it and my heartfelt gratitude to you for stepping up.
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