bmoni
12-22 12:59 PM
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
raghureddy
03-18 07:15 PM
No it is not dead as i am still renewing my EAD with the same company. My H1 was denied as USCIS was asking about the client info after my project was over.
akhilmahajan
11-14 09:01 PM
^^^^^^^^^^^^^^ Bump ^^^^^^^^^^^^^^
piyu7444
04-01 02:45 PM
CantLeaveAmerica
The officer asked several questions
Where do I work
What is my job title
Am I married
Do I have Kids
What is my current address and proof of it.
What is my wedding date
Hav I travelled out of USA from last entry
Did I ever get any money in form of help from Immigration
Checked my pay chq (current) and w-2 for 2007.
Asked for Employment verification letter
Asked to show I 94 card
Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below
Do I have any illegal kids (hahaha)
Was I ever involved with any terrorist org
Have I ever tried to being in ilegals to USA
Have I ever worked as a Prostitute (lol)
In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM
The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.
Hope this helps people out here........Good Luck ALL.
The officer asked several questions
Where do I work
What is my job title
Am I married
Do I have Kids
What is my current address and proof of it.
What is my wedding date
Hav I travelled out of USA from last entry
Did I ever get any money in form of help from Immigration
Checked my pay chq (current) and w-2 for 2007.
Asked for Employment verification letter
Asked to show I 94 card
Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below
Do I have any illegal kids (hahaha)
Was I ever involved with any terrorist org
Have I ever tried to being in ilegals to USA
Have I ever worked as a Prostitute (lol)
In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM
The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.
Hope this helps people out here........Good Luck ALL.
more...
pappu
08-10 03:58 PM
Thanks for your contributions.I joined IV in the 3rd week of July 2007 when I was randomly searching for information. I did my first one time contribution right on the day the great news was released on 17th July. I have started my $50 monthly starting August 2007.
I would like to mention, what made me believe that IV Core was doing a great job and that it was worth contributing was that IV Core took a lot of risk(credibility) and posted critical news well before it came on any other website. It was like; they had all the scoop before it hit mainstream lawyers or AILA websites sometimes even before it came on USCIS official website (FAQ 3)!
This shows that IV Core has got a lot stronger and they indeed are in close contact with USCIS and that with the enough funds and enough support they will surely make things happen!
Way to go IV Core!
I would like to mention, what made me believe that IV Core was doing a great job and that it was worth contributing was that IV Core took a lot of risk(credibility) and posted critical news well before it came on any other website. It was like; they had all the scoop before it hit mainstream lawyers or AILA websites sometimes even before it came on USCIS official website (FAQ 3)!
This shows that IV Core has got a lot stronger and they indeed are in close contact with USCIS and that with the enough funds and enough support they will surely make things happen!
Way to go IV Core!
bluez25
07-15 01:32 PM
^^^^^^^^
more...
ameryki
02-26 03:17 PM
Hello,
I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.
I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.
greencard_fever
08-04 04:38 PM
call USCIS and ask them about the problem. If you get a good IO, they will open a ticket to consolidate. Try until, you get someone who sounds knowledgeable. Then take a infopass at your local office after a week to see if that helps any. I did that and took a infopass for this friday to check at local office. My PD is nov 2004. I will keep you posted.
Thank you for the update and can you provide me the details how to take the infoPass.
Thank you for the update and can you provide me the details how to take the infoPass.
more...
prakgc
07-21 09:37 PM
For all those who are having nightmares about G325A and sending GA325 or for completeness need not worry if visa was issued more than a year back based on this.... I found this from the link provided earlier in this thread(pdf) by ushkand
Establishing completeness of records may entail preparation of a request for
background check from an American consulate or embassy.
The G-325A Biographic Information form must be completed by all
applicants between the ages of 14 and 79. Clerically processing this form
initiates a record check abroad for the applicant. This request, however, is not
needed for all applicants. If the applicant entered the United States more than
a year ago, the G-325A will not be processed. This limitation is imposed
because the Department of State generally destroys the nonimmigrant visa
application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
green, pink, and blue copy. You will only need to use two legible copies,
usually the white (file) and the blue (consul) copy. The only exception to this
rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
is required to submit a G-325A for the underlying I-130 petition. In this
instance, you would include the pink copy of the G-325A in the record of
proceeding of the I-130.
Further, be aware that if an I-130 petition is included in the A-file, the spouse
of the applicant of the I-485 is required to submit a G-325A for that riding
petition. The spouse’s G-325A should be included in the record of proceeding
and not processed according to these instructions. It is considered a
supporting document and will be reviewed at the time of adjudication.
Establishing completeness of records may entail preparation of a request for
background check from an American consulate or embassy.
The G-325A Biographic Information form must be completed by all
applicants between the ages of 14 and 79. Clerically processing this form
initiates a record check abroad for the applicant. This request, however, is not
needed for all applicants. If the applicant entered the United States more than
a year ago, the G-325A will not be processed. This limitation is imposed
because the Department of State generally destroys the nonimmigrant visa
application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
green, pink, and blue copy. You will only need to use two legible copies,
usually the white (file) and the blue (consul) copy. The only exception to this
rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
is required to submit a G-325A for the underlying I-130 petition. In this
instance, you would include the pink copy of the G-325A in the record of
proceeding of the I-130.
Further, be aware that if an I-130 petition is included in the A-file, the spouse
of the applicant of the I-485 is required to submit a G-325A for that riding
petition. The spouse’s G-325A should be included in the record of proceeding
and not processed according to these instructions. It is considered a
supporting document and will be reviewed at the time of adjudication.
akkakarla
08-06 11:19 AM
IN CP the embassies request the visa number before it schedules the interview for the applicant.
For example: If the applicant interview is scheduled in August 14th 2007 the interview letter will be sent 3- 4 weeks before(in July 2007). They request the visa number in July at the time they send interview letter.
All the people who attended CP interviews in July got Visa Number and hence are approved till July 31st.
For example: If the applicant interview is scheduled in August 14th 2007 the interview letter will be sent 3- 4 weeks before(in July 2007). They request the visa number in July at the time they send interview letter.
All the people who attended CP interviews in July got Visa Number and hence are approved till July 31st.
more...
GCSOON-Ihope
11-03 04:04 PM
Hi,
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
Is medical coverage provided by the company to all other employees?
If so, there is no reason why you should be denied coverage, H1 or not...
Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
Welcome to America.
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
Is medical coverage provided by the company to all other employees?
If so, there is no reason why you should be denied coverage, H1 or not...
Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
Welcome to America.
snathan
08-18 05:08 PM
No, not correct. Since she got a new I-94 her status changed to H1 w.e.f October 1, 2008.
However, because she did not work she is currently out of status. She will have to change her status back to H4 either by going out of country and re-entering with H4 visa or filing I-539.
She can correct the status by going out of the country. But any time USCIS can ask for the pay stub for that period during the GC process. If you are not able to provide the Paystub, your GC will be in soup. So the best would be to ge the pay stub.
Thanks.
However, because she did not work she is currently out of status. She will have to change her status back to H4 either by going out of country and re-entering with H4 visa or filing I-539.
She can correct the status by going out of the country. But any time USCIS can ask for the pay stub for that period during the GC process. If you are not able to provide the Paystub, your GC will be in soup. So the best would be to ge the pay stub.
Thanks.
more...
for_ac21iv
06-01 01:21 PM
Hi,
I have been a silent observer of the posts here in the IV.
I like the posts in general, the ideas in particular.
I am also a member of immigrationportal forums and have
seen a lot of interest in members there towards separating
the legal provisions in the senate's CIR S 2611 bill into a new bill/law,
and see if it can be passed quickly, as the law makers,
do not seem to have any problem with changes for legal immigrants
in it.
- Is this possible ?
- Can IV help at this critical times ?
- What would it take to get the House pick the legal immigrant
items in CIR S 2611 and pass it first ?
regards,
ac
I have been a silent observer of the posts here in the IV.
I like the posts in general, the ideas in particular.
I am also a member of immigrationportal forums and have
seen a lot of interest in members there towards separating
the legal provisions in the senate's CIR S 2611 bill into a new bill/law,
and see if it can be passed quickly, as the law makers,
do not seem to have any problem with changes for legal immigrants
in it.
- Is this possible ?
- Can IV help at this critical times ?
- What would it take to get the House pick the legal immigrant
items in CIR S 2611 and pass it first ?
regards,
ac
hopefulgc
07-29 03:18 PM
Serious reply:
No, its not possible under the current laws. Thinki of other avenues
Funny reply:
Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
another way of saying.. "stand in line & wait your turn"
No, its not possible under the current laws. Thinki of other avenues
Funny reply:
Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
another way of saying.. "stand in line & wait your turn"
more...
SFSweta
08-22 03:26 PM
Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!
maag
09-27 10:56 AM
I had filled A # from I-140 in my 485 application form, but my 485 receipts shows different A #, both my I-140 and different number from 485 receipt starts with 088, I am primary applicant and my spouse's A # are different too and her numbers also starts with 088.
more...
watertown
03-04 11:02 AM
Gurus,
I'm in Boston area and would like to know your opinion if I should file WOM!!!!
My case was filed in Aug, 2006 and I-485 was transferred to local office for interview on May 22, 2007. The interview went well and the lady officer indicated that I should get my card in 1 month!! That day was so nice!!!
Anyway, the reason for interview was I guess the previous I-485 submitted by my ex-wife after our seperation to put me in trouble in 2001 but I never took any benefit for that and I hand-delivered a letter to the IO when they asked me to come for interview in 2002. I explained that it should have been abandoned coz I sent letter even at the time for finger-print notice! Long story short, my ex and I had fight and I called the cop who took both of us to the custody and in the morning let us go. I didn't see the judge and.
So on this last I-485 (EB-2 ROW) I answered the question NO of if I had ever filled any immigration petition and NO to if I had ever been arrested.
Last year I was getting anxious when the card didn't arrive and Infopass told me that I was stuck in FBI-name check! I asked the congressman Ed Markey and his office told that my name check was cleared in Dec, 2006!!! I took another Infopass and again IO told me about Namecheck but when I told him about the info provided by Congressman, he then told me that it was going thru additional review!!
Now , guys....hsall I file a WOM? Whats your take?
I'm in Boston area and would like to know your opinion if I should file WOM!!!!
My case was filed in Aug, 2006 and I-485 was transferred to local office for interview on May 22, 2007. The interview went well and the lady officer indicated that I should get my card in 1 month!! That day was so nice!!!
Anyway, the reason for interview was I guess the previous I-485 submitted by my ex-wife after our seperation to put me in trouble in 2001 but I never took any benefit for that and I hand-delivered a letter to the IO when they asked me to come for interview in 2002. I explained that it should have been abandoned coz I sent letter even at the time for finger-print notice! Long story short, my ex and I had fight and I called the cop who took both of us to the custody and in the morning let us go. I didn't see the judge and.
So on this last I-485 (EB-2 ROW) I answered the question NO of if I had ever filled any immigration petition and NO to if I had ever been arrested.
Last year I was getting anxious when the card didn't arrive and Infopass told me that I was stuck in FBI-name check! I asked the congressman Ed Markey and his office told that my name check was cleared in Dec, 2006!!! I took another Infopass and again IO told me about Namecheck but when I told him about the info provided by Congressman, he then told me that it was going thru additional review!!
Now , guys....hsall I file a WOM? Whats your take?
stxvr
07-20 12:12 PM
From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
webm
04-02 04:42 PM
Could somebody please advice if contract work on W2 as a primary employment is ok?
Yes,unless you are on EAD..
Yes,unless you are on EAD..
manusingh
01-08 10:06 AM
My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
Hi
Does your wife got H-1B stamped, could you pl send us all details. It may help us.
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
Hi
Does your wife got H-1B stamped, could you pl send us all details. It may help us.
pcs
06-01 01:53 PM
Core guys,
what do you say ????
what do you say ????
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