jvordar
04-07 07:40 PM
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
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sunty
08-27 02:55 PM
2 year EAD here as well..I-140 has been pending for more than a year now..
saratswain
11-05 04:08 PM
Hi, I had a similar case and I could port it. My case was
EB3 -> 06/2004
EB2 -> 08/2006
(Same employer, Texas center)
Last year in August when EB2 PD for 2004 was current my attorney sent a letter to USCIS. She mentioned that we can only send the letter when EB2--6/2004 is current. I inquired about the letter with USCIS few times but to no avail. This year when the PD becomes current I opened an SR on Aug-18th,2009 and the case got approved on Sept-1st.
I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.
Has anyone had any success with Texas Service Center for this kind of request recently?
EB3 -> 06/2004
EB2 -> 08/2006
(Same employer, Texas center)
Last year in August when EB2 PD for 2004 was current my attorney sent a letter to USCIS. She mentioned that we can only send the letter when EB2--6/2004 is current. I inquired about the letter with USCIS few times but to no avail. This year when the PD becomes current I opened an SR on Aug-18th,2009 and the case got approved on Sept-1st.
I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.
Has anyone had any success with Texas Service Center for this kind of request recently?
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07-17 04:52 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
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iman.karta
04-15 05:33 PM
Dear Sir/Ma'am,
I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
I am applying for an immigrant visa via employment-based; EB2.
I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.
The question is:
1. What is the alternative that I have?
2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
Do you think these will be sufficient?
3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.
Thank for the input.
Warm regards...
I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
I am applying for an immigrant visa via employment-based; EB2.
I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.
The question is:
1. What is the alternative that I have?
2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
Do you think these will be sufficient?
3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.
Thank for the input.
Warm regards...
snathan
05-17 05:02 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
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willgetgc2005
12-14 01:16 PM
Hi,
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
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hoolahoous
02-10 10:50 AM
while you breached contract, the broke the law. tell them that you going to report them to DoL and see what they say.
------------------------------------
I am not a lawyer. do not take my advice as legal advice.
------------------------------------
I am not a lawyer. do not take my advice as legal advice.
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knowDOL
08-15 10:52 AM
I have one advice for you in this retrogression arena. I do not advice you to convert your BEC EB3 to PERM but just wait for it to get approved in EB3. At the same time file PERM application for a different job in EB2 in the same company or a different company it does not matter and get its I140 approved. Once BEC is approved apply for I-140 for that too and then you can port the date of EB3 to EB2 and apply for I485 which will fetch you GC faster. Good Luck.
I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.
I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments
I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.
I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments
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07-27 03:03 PM
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Saralayar
08-11 03:43 PM
What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?
thanks.
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
thanks.
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
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Can anybody list the states that check immigration status to renew / issue a driver's license?
I renewed mine 3 months ago. Texas is a LIBERAL state after all.
Can anybody list the states that check immigration status to renew / issue a driver's license?
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bindas74
03-25 10:28 PM
ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case
1) I am with the same employer since I applied for my GC
2) Still on H1B
3) No AC21
4) With a very good company ( medium sized) which never laid off any employees so far
5) Not a labour substitution
I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out.
But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case
1) I am with the same employer since I applied for my GC
2) Still on H1B
3) No AC21
4) With a very good company ( medium sized) which never laid off any employees so far
5) Not a labour substitution
I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out.
But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case
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cagedcactus
10-25 08:55 AM
I have received the EAD, but no AP.... same case with my wife...
We havent received our FP yet...
does online status change to show FP update? Maybe folks with FP done can confirm this...
thanks..
We havent received our FP yet...
does online status change to show FP update? Maybe folks with FP done can confirm this...
thanks..
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vin13
03-17 10:19 AM
All,
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?
I will let you guys know what was requested in the RFE as soon as I get it.
RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?
I will let you guys know what was requested in the RFE as soon as I get it.
RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.
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senthil1
07-02 09:46 AM
I heard Changes must be made in I140 to do Consular processing from I485
Devils_Advocate
08-20 03:58 PM
You must have gotten a Deportation form, where one of the category ( 5 year ban) must have been checked, that means you cant enter for 5 years.
Did you file that income as a tax return??
Did you file that income as a tax return??
kiru_99
10-30 12:47 PM
Hi,
Today I came to know from USCIS that my I485 was rejected stating incorrect/No Fees.
It was rejected on Sep 22nd & letter would have been sent to my lawyer same time. He never told me anything about it. Do I have a chance to resubmit now.
Today I came to know from USCIS that my I485 was rejected stating incorrect/No Fees.
It was rejected on Sep 22nd & letter would have been sent to my lawyer same time. He never told me anything about it. Do I have a chance to resubmit now.
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