acecupid
06-25 11:13 AM
I believe you should be ok since you are travelling and returning before expiry of old AP. You should be physically present in the US during application of new AP. Once you have the receipt for new AP, you should be good to go.
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Ramba
09-03 04:48 PM
You have two options. One is forget the current GC and take new job re-start your GC.
The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.
Wrong information. In order to retain the PD from old 140 when filing new 140, the both jobs need not be in same/similar field. You are confused with AC21 job change. The first 140 job can be a "cook" in eb3, and the new 140 job can be "rocket scientist" in eb1.
The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.
Wrong information. In order to retain the PD from old 140 when filing new 140, the both jobs need not be in same/similar field. You are confused with AC21 job change. The first 140 job can be a "cook" in eb3, and the new 140 job can be "rocket scientist" in eb1.
eagerr2i
11-06 03:28 PM
Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
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sushilup
11-14 09:53 AM
Good question...any one experienced
If this work, it will put you on better negotiation table also.:)
If this work, it will put you on better negotiation table also.:)
more...
supers789
07-23 03:01 PM
got following from another iv thread..
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
pnara2
01-24 10:04 AM
Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??
Thanks,
Prasad.
Thanks,
Prasad.
more...
ivrox
01-29 03:31 PM
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
Yep, any qualified person can notice his inability/unwillingness !
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
Yep, any qualified person can notice his inability/unwillingness !
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Refugee_New
07-25 12:05 PM
Gurus, tell me one thing.
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
more...
ossidon
08-06 12:12 PM
Wandmaker, Congratulations!
I am hopeful too since like you my I140 had a LUD on 7/13. I am a Dec 04 EB2 filer and have an Infopass tomorrow to know the 485 status.
I am hopeful too since like you my I140 had a LUD on 7/13. I am a Dec 04 EB2 filer and have an Infopass tomorrow to know the 485 status.
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rkgc
11-17 11:33 AM
I think I know what the company means, I have been in the position. My previous company went through lot of layoffs and they are still. But the point here is, they are strictly following the lawyers words, i.e. when a company layoffs and if they are planning to make your friend permanent i.e. start his green card process, then technically during layoffs if the skill-set matches they should offer your friends job to the supposed to be layed off people, now if the company went thru layoffs in the last 6 months, then they should reach the previously layed off people with matching skill-set and offer them the positoin. Basically the company is getting rid of some bad blood also during layoffs so they don't really want to offer them any positoin, so they would rather wait and start GC process for your friend 6 months from the last layoff. The above reply I got from my previous company lawyer (so don't quote me on this) is similar to what your friend got.
Hope this helps...
~rk
Hope this helps...
~rk
more...
bipin
03-18 02:45 AM
I worked with a desi consulting company Since Aug 2006. I moved to that company with my current project with the promise of faster GC process. My PERM was approved in Nov 2007, so missed July 2007 filing. I had to leave for India for few months due to an urgent personal issue and came back in April 2008. So I didn't work for 5 months (Nov 2007 - Apr 2008). When I came back he couldn't find any project for me and I realized he was a small company (The company was in NJ and I'm in CA). I found a job on my own in May 2008 and since I realized I'll be in trouble with him again I moved to another consulting company. Since he didn't pay me for 5 months and to prevent me from complaining against him, he said he'll take care of I-140. He said there was an RFE in Mar 2008 and he responded back. He told me it was on my W2 and I asked attorney and he also confirmed it. I didn’t get a copy of I-140 receipt, but I got the receipt number when it was applied.
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
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SunnySurya
08-03 09:42 PM
I think thousand is over exagerated. Most people have filled their application at NSC.
I also have a consiparacy theory now. The dates porbably have moved out because of TSC as they did not have enough cases to process.
Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....
I also have a consiparacy theory now. The dates porbably have moved out because of TSC as they did not have enough cases to process.
Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....
more...
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fall2004us
09-14 03:50 PM
listening.......
great job IV....
great job IV....
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satyakb
03-21 09:32 PM
We would like to Thank every onefor providing detailed advices - considering various aspects of life.
Will surely update the thread when we make a final decision.
Will surely update the thread when we make a final decision.
more...
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jliechty
January 6th, 2005, 10:57 PM
A tip - use a mask on the upper layer instead of an eraser; it's easier to change later on and fine-tune if you'd like. Of course, you could also use a Channel Mixer adjustment layer with mask to make fine adjustments to the B&W conversion. :)
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anu_t
06-17 12:13 PM
[QUOTE=senthil1]Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess that point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Yes That's my point
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess that point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Yes That's my point
more...
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naturopathicpt
06-25 10:54 PM
Actually, it is my recruiter "who" made the contract and my employer uses that as a basis. I work here in Florida. I have no sign on bonuses whatsoever. It is only the immigration, recruitment, and exam fees that were included. Basically my employer paid my recruiter just to get me here.
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12-10 09:55 AM
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dhesha
11-17 02:53 PM
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.
eager_immi
02-12 11:09 PM
there is no such thing as premium processing of h4 unless filed with h1b
gc_kaavaali
11-14 04:36 PM
^^^^^^^^^^^^bump^^^^^^^^^^^^^^^^^
who gave me red mark?
somebody gave red mark...what happened???
who gave me red mark?
somebody gave red mark...what happened???
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