desi3933
09-15 11:46 AM
.....
once your I-140 is approved, that date is yours.. but for only that preference category
.....
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
once your I-140 is approved, that date is yours.. but for only that preference category
.....
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
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nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
gc_wow
02-23 06:43 PM
What about TSC processing dates,is that wrong too.
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santb1975
05-24 07:19 AM
Please contribute
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obviously
09-14 05:33 PM
Looks like some people will need to get their PhD awards 'overturned'!
Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.
e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.
EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.
There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.
Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.
There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?
Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.
e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.
EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.
There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.
Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.
There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?
globaldesi
12-11 03:16 PM
Can we check with CIS if they plan to pursue this option (pre-485 step)?
Is there a plan to start a campaign for this? I would be willing to contribute (monetary and effort) if there's such a plan...
I can see there are a lot of folks who would welcome such a plan.
Is there a plan to start a campaign for this? I would be willing to contribute (monetary and effort) if there's such a plan...
I can see there are a lot of folks who would welcome such a plan.
more...
rajuram
12-18 04:55 PM
so rajaram, what do you suggest? any updates on action in Jan?
I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
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h1techSlave
07-15 11:46 AM
I am sending two High Fives - one from me and another from my wife.
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Lacris
07-23 05:58 PM
My husband doesn't even want to look. He says he'll become too agitated, so only let him know the good news. I'm addicted too, but this could become a problem for me, since this week I have finals at school:o
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gbof
03-01 09:15 PM
bump...so united nations may post
Chi_shark
One of my co-worker had a info-pass this friday and the IO told him similar comments to the one which you heard....not sure what to infer out of these comments......
My IV friends:
Begining April we should see significant movement and EB2 should see many approvals.:D I am not vdlRAO but I expect my approval by Aug/Sept this year-:D:D:D-: a wishful thinking. Say: Amen !!!
Chi_shark
One of my co-worker had a info-pass this friday and the IO told him similar comments to the one which you heard....not sure what to infer out of these comments......
My IV friends:
Begining April we should see significant movement and EB2 should see many approvals.:D I am not vdlRAO but I expect my approval by Aug/Sept this year-:D:D:D-: a wishful thinking. Say: Amen !!!
more...
Wendy
07-25 10:55 AM
My wife has H1B processed in maiden name -(i 797, i-94, stamping). she recently changed her maiden name to married name. she changed her name in SSN and Passport. DMV in NJ are asking to change the name in immigration office. We spoke to the immigration authority and they say there are no relevant forms to make the name change. If anybody have solution let me know.
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bpratap
04-25 11:41 AM
its generally the case, where these loan officers doesn't understand the Immigration process.
I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.
Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.
Dont worry, your loan will be approved.
I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.
Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.
Dont worry, your loan will be approved.
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skgs2000
04-30 05:02 PM
I called each one of them! And explained to let us file 485 immeditely after 140 approval! And talked about putting us in front of line before undocumented workers!
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Jaime
07-20 11:41 AM
Guys, don't be disappointed about the Cornyn amendment failing! Here's why:
There is a lot of noise already (thanks to IV generating it) about the injustices that we legals face, and the urgent need to reform the legal GC path. I am thinking that senators have heard our friend Zoe and are now realizing that such reform is needed and are now trying to determine how to best use or spin such a potential reform in their party's favor. Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.
What we REALLY NEED TO DO right now is support IV as much as we can, and continue to create noise and get our VOICE be heard, but we need to act as a group, as a team. Work together, be heard everywhere. Enough already with us being quiet, keeping our heads down while paying taxes and taking all the abuse! We will continue to be great citizens, meet all our duties and obligations, but this time we will ALSO BE HEARD! Let's go! We're strong! We can do this!!!!!
There is a lot of noise already (thanks to IV generating it) about the injustices that we legals face, and the urgent need to reform the legal GC path. I am thinking that senators have heard our friend Zoe and are now realizing that such reform is needed and are now trying to determine how to best use or spin such a potential reform in their party's favor. Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.
What we REALLY NEED TO DO right now is support IV as much as we can, and continue to create noise and get our VOICE be heard, but we need to act as a group, as a team. Work together, be heard everywhere. Enough already with us being quiet, keeping our heads down while paying taxes and taking all the abuse! We will continue to be great citizens, meet all our duties and obligations, but this time we will ALSO BE HEARD! Let's go! We're strong! We can do this!!!!!
more...
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valuablehurdle
06-21 11:32 AM
Checked with my lawyer. 20 cases pending since January. Atlanta..
My Labor was filed April 15th, 2007. EB2. 'In process'.
My Labor was filed April 15th, 2007. EB2. 'In process'.
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Green.Tech
06-19 04:51 PM
What are you waiting for?
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ganguteli
03-12 03:40 PM
I consider FOIA is a multifold success. Not only we achieved milestone 1 of $5K, we were successful enough to wake up members to do something after long time. Why do you think the very same members were sleeping? I don't believe IV Core was not doing anything in last few months but members always felt that there is no plan of action from IV. There is nothing worst could happen to us just by disclosing our plan of actions in controlled way like:
1. <<ABC>> is preparing document for final data information.
2. <<XYZ>> is evaluating other options how we could retrieve this information.
3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
4. <<MMM>> is working on funding drive for this.
There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.
My 2 cents.
I agree with you
1. <<ABC>> is preparing document for final data information.
2. <<XYZ>> is evaluating other options how we could retrieve this information.
3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
4. <<MMM>> is working on funding drive for this.
There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.
My 2 cents.
I agree with you
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shankar_thanu
07-18 12:49 PM
after going through some of the posts, i understand that there were earlier attempts to add SKIL amendments to other bills but it didnt fly..
Was there similar attempts to add provisions to 'capture unused numbers' and 'not include dependents for visa number count' to other bills before? Are these much more difficult to get done? Just want to know the history of these issues in the legislature...
Was there similar attempts to add provisions to 'capture unused numbers' and 'not include dependents for visa number count' to other bills before? Are these much more difficult to get done? Just want to know the history of these issues in the legislature...
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NKR
04-02 02:57 PM
D.R.D ??
OK It's D.E.D. D.E.D owes us an apology.
OK It's D.E.D. D.E.D owes us an apology.
Jelena
07-18 08:23 PM
Contributed 100$. Thanks, IV!
a_paradkar
07-14 01:39 PM
Done.
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