st4rguitar
04-06 02:02 PM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
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akhilmahajan
06-06 08:55 AM
Gurus,
When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.
Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.
Or is it OK to send the photographs and mention the Alien A# .
Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.
Your help is much appreciated.
If you dont mind, can you share what supporting documents you submitted.
Thanks a lot.
When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.
Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.
Or is it OK to send the photographs and mention the Alien A# .
Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.
Your help is much appreciated.
If you dont mind, can you share what supporting documents you submitted.
Thanks a lot.
GC_Geek
09-11 04:50 PM
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
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pa_arora
04-21 04:26 PM
Someone told me recently, if ur on EAD and 485 gets rejected, ur H1 can be reinstated. This H1 will not be from the cap and you will only be getting the left over time from 6 yrs.
Is it true, if yes, can someone thow some light on this.
Is it true, if yes, can someone thow some light on this.
more...
sajimm
08-05 01:18 PM
It's too early to make a judgment on this since I haven't seen the actual text of this bill. With Sen.Sessions history, I highly doubt whether there is anything good to EB folks in this bill.
Most likely this is just election politics.
Most likely this is just election politics.
vin13
03-09 08:59 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.
Right now she is on H1 as well as AOS.
How will a person fill I-9 form when she is not working. she lost her H1-B status when she stopped working. Now she will be on AOS. I do not think anything needs to be done
Right now she is on H1 as well as AOS.
How will a person fill I-9 form when she is not working. she lost her H1-B status when she stopped working. Now she will be on AOS. I do not think anything needs to be done
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lazycis
01-11 09:05 AM
My I-485 was filed on Dec 1, 2006. I called USCIS and had info pass and they told me that my name check is not clear. I talked to one lawyer and he is going to charge me 3500 for WOM. He has pretty good success rate. I am reading forum where they say it is better to wait minimum 2 years. Has anyone heared any case where wom is filed after one year and it was successful. My priority date is current.
I recommend you to wait 6 more months. There are successful cases were the wait was even less than a year, but all of them are pre-NC. After NC was implemented, the average wait for successful cases is 2+ years. Saying that, you can try to file WOM now especially if you live in Northern California. Did you write letters to senators/Bush/Mr. Gonzalez?
I recommend you to wait 6 more months. There are successful cases were the wait was even less than a year, but all of them are pre-NC. After NC was implemented, the average wait for successful cases is 2+ years. Saying that, you can try to file WOM now especially if you live in Northern California. Did you write letters to senators/Bush/Mr. Gonzalez?
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nb_des
09-20 04:04 PM
Even I don't see it. Seems like they have removed it.
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Dhundhun
06-26 09:43 PM
Dear Fellow IVians
quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
Big question is
1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
The entries for "Class requested" is shown as C09 in both cases, which i believe correct.
Help:
Has anybody received like this before? if it's normal, i'm not worried
If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????
Thanks in advance
Satya
Yes. This is excerpts from: http://immigrationvoice.org/forum/showthread.php?t=18737
Efiled EAD passing through multiple service centers
Mailed:
.... Confirmation Receipt
.... Photocopy of I485 recept
.... Photocopy of EAD both side
.... Original letter which came with EAD (after tearing upper part - for quick processing)
Mid June 2008, paper receipt (from NSC) took over 10 days. It is now taking more time.
FP notice (from MSC, code 2) after two weeks, scheduled in fifth week (in ASC San Jose).
quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
Big question is
1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
The entries for "Class requested" is shown as C09 in both cases, which i believe correct.
Help:
Has anybody received like this before? if it's normal, i'm not worried
If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????
Thanks in advance
Satya
Yes. This is excerpts from: http://immigrationvoice.org/forum/showthread.php?t=18737
Efiled EAD passing through multiple service centers
Mailed:
.... Confirmation Receipt
.... Photocopy of I485 recept
.... Photocopy of EAD both side
.... Original letter which came with EAD (after tearing upper part - for quick processing)
Mid June 2008, paper receipt (from NSC) took over 10 days. It is now taking more time.
FP notice (from MSC, code 2) after two weeks, scheduled in fifth week (in ASC San Jose).
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a1b2c3
10-02 11:24 AM
Dec Bulletin will see EB categories being opened up. Don't think there will be any change in Nov Visa bulletin.
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tdasara
02-08 08:58 AM
L1A - Multinational managers
L1b - specialized foreign worker on intracompany transfer.
You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.
Most of us work for US companies who do not have branches overseas!
L1b - specialized foreign worker on intracompany transfer.
You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.
Most of us work for US companies who do not have branches overseas!
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dexter
12-16 05:26 PM
Hi Charles ,
Thank you for the reply. really appreciate your feedback.
Thanks.
Thank you for the reply. really appreciate your feedback.
Thanks.
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horscorp
02-06 01:21 PM
Hi Ann,
Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.
Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?
thanks again!
horscorp
Hi Horscorp,
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.
Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?
thanks again!
horscorp
Hi Horscorp,
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
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martinvisalaw
07-22 06:01 PM
Hello,
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
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Jonas73
04-21 06:17 PM
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
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dilbert_cal
04-26 12:21 AM
WillGetGC2005
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
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sweet_jungle
10-22 06:39 PM
One of my friends had his 485 pending. He took leave of absence from company and went on to pursue full time MBA for 2 years.
In the middle of MBA, company had to remove him from payroll due to re-org.
Green card came in a few months.
He is now doing a hot shot MBA job using GC.
Will he face issues during N-400?
Is there anything wrong in what he did?
In the middle of MBA, company had to remove him from payroll due to re-org.
Green card came in a few months.
He is now doing a hot shot MBA job using GC.
Will he face issues during N-400?
Is there anything wrong in what he did?
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September 1st, 2006, 06:36 PM
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h1techSlave
04-16 10:18 AM
Your employer could be a behemoth and has ironclad policies. But if you discuss your concerns with the HR/immigration dept., you would be surprised to find out how much accommodating they might be.
I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
peer123
07-19 07:43 AM
Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.
papu can you please add the link to that thread.
papu can you please add the link to that thread.
ilikekilo
05-04 09:54 AM
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
post this Q on the lawyer forum someone might respond for FREE :)
post this Q on the lawyer forum someone might respond for FREE :)
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