chaki
02-11 04:24 PM
I know this question has been dealt with in different contexts. However I have not found a clear answer to my situation below. I would truly appreciate if any one has a definite idea about it.
My labor has cleared (Eb3) and so is my I-140. If I take up a large promotion which is part technical and part managerial can I simply refile my labor under Eb2 and reuse my old priority date. I had a masters (MBA) and 3 years of experience at the time of joining my current company but my labor was filed saying that Masters + 1 yr or Bachelors + 3 yrs was enough thereby making it an Eb3.
If my company refiles under Eb2 will the experience gained under the current company counts. If not will it be enough to say on the new application that Masters + 3 yrs is required for the new position offered.
Thanks,
Chaki
My labor has cleared (Eb3) and so is my I-140. If I take up a large promotion which is part technical and part managerial can I simply refile my labor under Eb2 and reuse my old priority date. I had a masters (MBA) and 3 years of experience at the time of joining my current company but my labor was filed saying that Masters + 1 yr or Bachelors + 3 yrs was enough thereby making it an Eb3.
If my company refiles under Eb2 will the experience gained under the current company counts. If not will it be enough to say on the new application that Masters + 3 yrs is required for the new position offered.
Thanks,
Chaki
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Nagireddi
09-02 09:37 PM
Any updates or idea on what happened on August 31st senate judiciary meeting on SKIL bill? PLease let us know IV members.
Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
2011 El Neolítico en el mundo. Mapa
krishnam70
11-20 04:03 PM
I answered your question in the other thread you opened Ibbu
more...
saimrathi
07-07 10:33 PM
So more ppl can be informed... Its not spamming.. ;)
Why you are spamming all the thread with the same message. We already have two thread for this video
Why you are spamming all the thread with the same message. We already have two thread for this video
ayaskant
02-01 09:48 AM
I updated my profile with the information I know.
more...
loudoggs
12-03 11:19 AM
Lazycis,
Did you inform USCIS after you invoked AC21? Thanks!
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
Did you inform USCIS after you invoked AC21? Thanks!
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
2010 del todo el mundo y que
sparuthi
08-10 04:34 PM
PD March 2006
RD July 26. 2007
ND August 27. 2007
RD July 26. 2007
ND August 27. 2007
more...
ysnraju
12-05 11:01 PM
In my case I have only one LUD after fingerprinting and then on 30 Nov 2007
again LUD I485 Card production ordered.
same with my spouse also.
_______________________
LUDs on Current Status of I485:
30 Nov 2007 : Card production ordered .
02 Dec.2007 : Card production ordered .
04 Dec 2007 : Approval notice sent.
For Both Self and Spouse.
Labor Filing Date: 27 Feb 2004
Service Center: Nebraska
Category: EB2
Application Mailed: 04 Jun 2007
USCIS Received Date: 05 Jun 2007
USCIS Notice Date: 14 Jun 2007
Filing Type: non-concurrent
I-140 Processing: regular
I-140 Approval Date: March 02, 2007
Fingerprinting Date : 15 Aug 2007
RFE: no
EAD Approval Date: 08 Sep 2007
AP Approval Date: 13 Sep 2007
Nationality: India
again LUD I485 Card production ordered.
same with my spouse also.
_______________________
LUDs on Current Status of I485:
30 Nov 2007 : Card production ordered .
02 Dec.2007 : Card production ordered .
04 Dec 2007 : Approval notice sent.
For Both Self and Spouse.
Labor Filing Date: 27 Feb 2004
Service Center: Nebraska
Category: EB2
Application Mailed: 04 Jun 2007
USCIS Received Date: 05 Jun 2007
USCIS Notice Date: 14 Jun 2007
Filing Type: non-concurrent
I-140 Processing: regular
I-140 Approval Date: March 02, 2007
Fingerprinting Date : 15 Aug 2007
RFE: no
EAD Approval Date: 08 Sep 2007
AP Approval Date: 13 Sep 2007
Nationality: India
hair Mapa actualizado de la OMS
msyedy
12-13 12:49 PM
sheshadripv
If I say that yes you can travel without a visa, will you believe me.........
Ask a travel agent man...
Yesterday they allowed without valid visa..... today they need a valid US visa.
We are not travel agents... You can get a valid answer from them.
If I say that yes you can travel without a visa, will you believe me.........
Ask a travel agent man...
Yesterday they allowed without valid visa..... today they need a valid US visa.
We are not travel agents... You can get a valid answer from them.
more...
bekugc
03-05 06:58 PM
pls respond... thanks ^L^
hot Os pongo el mapa del mundo
srikondoji
06-18 08:44 AM
Lou Dobbs exposed...:rolleyes:
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
He is known for bashing outsourcing and always made up statistics how outsourcing was not cost effective.
He has also compared how a job of one person is done by 10 people in Asian countries but cared less to inform the general public that cost of labor for 10 is less than that of one person here in united states.
--sri
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
He is known for bashing outsourcing and always made up statistics how outsourcing was not cost effective.
He has also compared how a job of one person is done by 10 people in Asian countries but cared less to inform the general public that cost of labor for 10 is less than that of one person here in united states.
--sri
more...
house Mapas del Mundo:
rajeev_74
12-02 12:52 AM
Are you EB3?
tattoo el mapa mundial.
franklin
07-27 08:45 PM
Based on my recent experience - H1 B 1 year extension, not 3 years, was based on the approval date, not receipt date of the application. :o
However, to be safe, I guess after Aug 17th is a pretty good bet
However, to be safe, I guess after Aug 17th is a pretty good bet
more...
pictures O mapa do mundo de acordo com
Nitu Singh
06-12 07:31 PM
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
dresses mapa del mundo en blanco
guyfromsg
07-26 10:14 PM
This is new to me. Can you please indicate the site address of this memo?
Thanks
It's lawyer Matthew Oh (www.immigration-law.com)'s interpretation of the revised visa bulletin.
Thanks
It's lawyer Matthew Oh (www.immigration-law.com)'s interpretation of the revised visa bulletin.
more...
makeup mapa del mundo
lacrossegc
08-10 02:08 PM
lets hope that the administration actually implements what it says it wants to do ...
reducing the waiting times for background checks will help ....so that most adjustment apps will move to the "recommend approval" stage quickly and just wait for the Visa numbers to be current......
reducing the waiting times for background checks will help ....so that most adjustment apps will move to the "recommend approval" stage quickly and just wait for the Visa numbers to be current......
girlfriend -mundo/croquis-del-mapa-
justAnotherFile
07-17 01:12 AM
great news.
new important points:
1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "
2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"
Just hoping that by some miracle tomorrows news is even better than expected.
BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"
new important points:
1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "
2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"
Just hoping that by some miracle tomorrows news is even better than expected.
BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"
hairstyles mapa del mundo de Gerard
nozerd
02-25 03:55 PM
I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
lj_rr
07-30 01:16 PM
Thanks for clarifying/
I believe my 140 was sent to Texas.
No , I dont work for CTS.
I would go with the FAQ released on July 23 (since it is the latest) instead of the Direct Filing update released on June 21.
Where was your I-140 applied (if it is not concurrent with 485)?
Also, Q6 says the following:
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center.
Do NOT split hairs! You are okay!
P.S.: BTW, are you working for Cognizant?
I believe my 140 was sent to Texas.
No , I dont work for CTS.
I would go with the FAQ released on July 23 (since it is the latest) instead of the Direct Filing update released on June 21.
Where was your I-140 applied (if it is not concurrent with 485)?
Also, Q6 says the following:
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center.
Do NOT split hairs! You are okay!
P.S.: BTW, are you working for Cognizant?
gcwanter
07-02 10:01 AM
All of a sudden since last week there has been an increase.. in these kind of people who "suddenly" pop up ; make their first time posts challenging IV and its mission.
I think the best treatment they deserve is IGNORANCE. we probably shouldnt even reply to such ridiculous posts of people who are not even aware what the CIR contains for us legals..
please ignore such people..or else these threads keep lingering on top..which they dont deserve
I think the best treatment they deserve is IGNORANCE. we probably shouldnt even reply to such ridiculous posts of people who are not even aware what the CIR contains for us legals..
please ignore such people..or else these threads keep lingering on top..which they dont deserve
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