knowDOL
08-23 09:44 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
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singhsa3
08-19 01:03 PM
I hear you, I've been in this country for last almost 10 years now. Came here to do my MBA too. The journey that began on Aug 2, 1999 is still continuing as of Aug 19, 2008... Anyways, best of luck to both of us.
started teaching in the same uni after my MBA... thought will get into a phD prog or fninsh the CFA the get into investment analysis,...
5 years have passed, CFA was over long ago.... but just waiting for GC...
started teaching in the same uni after my MBA... thought will get into a phD prog or fninsh the CFA the get into investment analysis,...
5 years have passed, CFA was over long ago.... but just waiting for GC...
austingc
08-18 02:31 PM
What do you guys think about Jadoo TV? I heard that it's good and no monthly fees.
Is anyone using it?
Is anyone using it?
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vkkkk
06-22 04:13 PM
Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?
fate rules everthing......dont think toomuch
fate rules everthing......dont think toomuch
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probe
10-07 04:23 PM
I live in Ohio and my sympathies are with you. If another state has concerns with clause "non renewable/non transferable"then Ohio should also have concerns, but on the contrary Licenses are renewed in Ohio.I feel this is more of kneejerk reaction to 9/11 aftermath.I am dismayed, does policy makers are under notion that a alien (not from outer space) have to
go through all the travails of a new driver if they move to other state !?.
My past experience suggests you to visit few other License agencies around your place and hope lady luck smiles
upon you.
go through all the travails of a new driver if they move to other state !?.
My past experience suggests you to visit few other License agencies around your place and hope lady luck smiles
upon you.
mhathi
04-30 03:39 PM
Category: EB3 (Regular)
Applied: November 20th, 2006
approved: April 12th, 2007.
Applied: November 20th, 2006
approved: April 12th, 2007.
more...
thomachan72
08-14 03:08 PM
I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint? cant you find a new employer? once you do that, immediately transfer your H1 and also meanwhile file a case against this current employer.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint? cant you find a new employer? once you do that, immediately transfer your H1 and also meanwhile file a case against this current employer.
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JeffDG
01-31 02:00 PM
Don't worry about the text of the bill, it's purely a placeholder for something to be introduced as an amendment later.
The text of the bill has two section: Sec 1: Title, Sec 2: Sense of the Senate, neither of which carry any force of law.
The text of the bill has two section: Sec 1: Title, Sec 2: Sense of the Senate, neither of which carry any force of law.
more...
chillfakter
02-11 09:50 PM
ram_ram, I failed to mention that this is my second H-1B, there was a lapse of less than a year between the two H-1Bs, so I guess my current one is considered a "new" one instead of an extension (I could be wrong though).
Why didn't they just give you an I-94 that was valid until Sept 2007, because of it being less than 6 months validity, is that right? Glad it worked out for you :)
tdasara, once again, I hope this is what happens to me as well! Thanks for the response.
Why didn't they just give you an I-94 that was valid until Sept 2007, because of it being less than 6 months validity, is that right? Glad it worked out for you :)
tdasara, once again, I hope this is what happens to me as well! Thanks for the response.
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Lollerskater
04-23 11:46 AM
I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.
I filed at NSC, my case ended up in TSC.
Nothing much makes sense, nowadays. :confused:
I filed at NSC, my case ended up in TSC.
Nothing much makes sense, nowadays. :confused:
more...
sreeanne
02-08 05:56 PM
calboy78, thanks for your reply. i will go for PIO card and update his information in nearest police station after 180 days.
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boreal
01-31 06:52 PM
OH boy! USCIS has found a new way of harassing us legal immigrants ;) come on guys! Know how to solve issues. Begin by not creating a thread at IV for such issues. Talk to your utility company folks, see whats happening. Check with your landlord to know why the meter reading is so high..If they have already charge your credit card, dispute it...start by talking with real people on the phone or maybe visit the utility company personally...for God's sake dont show your ignorance like this and give more fodder to SOBs like Matt....please!!
more...
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jagan13
02-18 09:58 AM
I am currently waiting for my renewed passport from Washington DC embassy, which I had mailed them on Dec 30th(signed for and received by them on Dec 31st). The passport is due to expire in Oct 2011. My problem is, my drivers license is expiring on Feb 24th as is my stamped visa. My employer has filed for my H1b extension and I currently have the original receipt notice needed for renewing my license. But, I cannot renew it without the original passport. I have been trying to reach them through phone as well as email for over 10 days now. Also, when filling out the form , I have a different permanent Indian address than what I had on the passport as my family back home had moved. The following are my questions:
1) Does this increase the processing time, due to any verification of address in India?
2) Has anybody been in the same situation and if yes, how long did it take for the embassy to renew and mail the passport?
3) Does anybody have a point of contact at the Embassy?
NOTE: I just talked to my bank and confirmed that the cashiers checks I had send along with the application have been cashed on Jan 24th. I dont know where that puts me on the timeline for receving my passport.
I have been looking at other threads on the forum and looks like it is typically taking 40 days for people to receive their passports in the mail. But , my license situation is concerning as I do not know, at what stage of renewal process my passport is in and how much longer I have to wait. Any insight will be greatly appreciated.
Thanks,
Jagan
1) Does this increase the processing time, due to any verification of address in India?
2) Has anybody been in the same situation and if yes, how long did it take for the embassy to renew and mail the passport?
3) Does anybody have a point of contact at the Embassy?
NOTE: I just talked to my bank and confirmed that the cashiers checks I had send along with the application have been cashed on Jan 24th. I dont know where that puts me on the timeline for receving my passport.
I have been looking at other threads on the forum and looks like it is typically taking 40 days for people to receive their passports in the mail. But , my license situation is concerning as I do not know, at what stage of renewal process my passport is in and how much longer I have to wait. Any insight will be greatly appreciated.
Thanks,
Jagan
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chanduv23
08-10 11:03 AM
Hello All
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
R u sure? Mine don't match - where did u get this info?
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
R u sure? Mine don't match - where did u get this info?
more...
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milind70
04-01 06:05 PM
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
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Macaca
03-28 04:27 PM
A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.
You can do labor certification without H1 as long as employer is willing.
You can do labor certification without H1 as long as employer is willing.
more...
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h1bemployee
06-23 05:47 PM
if I apply for a new H1 transfer , can I start working after getting the receipt?
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krishnam70
07-09 12:45 PM
I read about the problem in this thread and immediatly called all our friends and signed up for the drive. We went in a group of 25 people and signed up. Hopefully something will work out for Vinay and people like him. This is not a one time effort but once we are in the registry we have the capability to help many others who might be needing help. I urge members to please go to the drive's or request information on how to create drives in your own city and help in this good cause.
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babloo_73
06-30 02:33 PM
Guys and Gals,
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
minimalist
10-08 02:25 PM
Did you take original 485 receipt with you?
I went to the Arlington DMV today. They took copies of my I-485 and EAD. They said they will send a letter to my home in 7 to 10 days, if I'm eligible for a drivers license. I went a month back when I didn't have the EAD with me and they did not even accept my documents for faxing it to Richmond. Man...its getting crazier everyday.
Please post back your experience here. Thanks for starting the thread.
I went to the Arlington DMV today. They took copies of my I-485 and EAD. They said they will send a letter to my home in 7 to 10 days, if I'm eligible for a drivers license. I went a month back when I didn't have the EAD with me and they did not even accept my documents for faxing it to Richmond. Man...its getting crazier everyday.
Please post back your experience here. Thanks for starting the thread.
glus
04-17 07:37 AM
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
Thanks
The answer is NO.
Thanks
The answer is NO.
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