rimzhim
06-01 01:38 PM
"Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.
Are you sure of this? I, of course, hope you are right. It would be great!
Are you sure of this? I, of course, hope you are right. It would be great!
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veni001
02-03 07:32 PM
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:
CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:
sayantan76
04-21 02:15 PM
Hi,
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
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snathan
04-08 04:08 PM
Visa Bulletin For May 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5424.html)
Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03
.
Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03
.
more...
grupak
12-07 11:38 AM
If company is filing, EB1-OR is easier than EB1-EA. EB1-EA can be self-filed but harder to get. There is another category of EB1 I think for managers which I am not familiar with.
SAPGURU
07-13 09:04 PM
I was searching on internet and this is what i found on Murthy.com.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
more...
dionysus
01-16 07:53 PM
Earlier, INS used to be very lenient with H1B transfer without current paystubs. I know of cases where people got H1 transfered without having paystubs for more than a year!
However, seems like of late CIS has woken up to the shady practices of H1 consultant body shops, and is aware of the fact that many consultants are living in this country without working and without paystubs. So they are becoming more stringent with regards to paystub evidence.
I also have a feeling that most such requests are coming from Vermont service center where many H1 petitions are hanging.
To answer your question, in the absence of any paystubs, prepare a nice letter to CIS explaining the situation, and then leave it to your destiny. US immigration processes like H1 and GC always had an element of chance in it. It is always helpful to be ready for any eventuality in such a dicey game.
However, seems like of late CIS has woken up to the shady practices of H1 consultant body shops, and is aware of the fact that many consultants are living in this country without working and without paystubs. So they are becoming more stringent with regards to paystub evidence.
I also have a feeling that most such requests are coming from Vermont service center where many H1 petitions are hanging.
To answer your question, in the absence of any paystubs, prepare a nice letter to CIS explaining the situation, and then leave it to your destiny. US immigration processes like H1 and GC always had an element of chance in it. It is always helpful to be ready for any eventuality in such a dicey game.
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ujjwal_p
06-10 02:19 AM
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Pretty long timeline and multiple visa types. Not sure how O-1 works and whether it is a dual intent visa. In any case, looks like the RFE is pretty straight forward and they only need the historical documents, possibly because the record is pretty long.
**- This is not legal advise.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Pretty long timeline and multiple visa types. Not sure how O-1 works and whether it is a dual intent visa. In any case, looks like the RFE is pretty straight forward and they only need the historical documents, possibly because the record is pretty long.
**- This is not legal advise.
more...
gxr
10-02 09:44 AM
Mine is EB3 with a RD of Oct 6.
LUD was on Oct 26, 2006. No news after that. No RFEs as well.
LUD was on Oct 26, 2006. No news after that. No RFEs as well.
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maine_gc
02-02 09:08 AM
Thank you all.
I will be looking this site every day as i did before.
Thanks
I will be looking this site every day as i did before.
Thanks
more...
ABC of GC
06-08 06:30 AM
Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.
Well Said
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.
Well Said
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go_guy123
04-19 12:08 AM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
in 2007 fellow indian international students in Canada used to get loan from
https://www.isloan.org/faqs.htm
but in 2008 that was closed. However you can call and find out from them.
With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
in 2007 fellow indian international students in Canada used to get loan from
https://www.isloan.org/faqs.htm
but in 2008 that was closed. However you can call and find out from them.
With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not
more...
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tnite
06-26 03:29 PM
While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?
Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)
Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)
Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
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guesswho
06-11 03:09 PM
Sunny1000,
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
more...
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hopein07
02-09 10:32 AM
I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights
Read below what happened to the court case in UK.
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
You can simply FORGET ABOUT LAWUSUITS etc.
Read below what happened to the court case in UK.
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
You can simply FORGET ABOUT LAWUSUITS etc.
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JazzByTheBay
07-11 10:03 PM
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
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InTheMoment
07-19 10:47 PM
srarao,
Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?
The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.
Hi
Any guys with RFE on this
Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?
The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.
Hi
Any guys with RFE on this
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psk79
10-15 01:33 PM
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
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baburob2
11-02 02:42 PM
As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
I concur that "GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.". Hence your move is fine.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
I concur that "GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.". Hence your move is fine.
Munna Bhai
04-27 12:11 PM
Hi,
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:
http://www.uscis.gov/files/pressrele...22_091206R.pdf
(3) Priority Date Based on Earlier Petition.
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 am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:
http://www.uscis.gov/files/pressrele...22_091206R.pdf
(3) Priority Date Based on Earlier Petition.
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.
gapala
02-26 01:24 PM
This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.
This is just my understanding. Check with a attorney to get precise information.
This is what my attorney has said too. I will double check with my employer attorney as well.
This is just my understanding. Check with a attorney to get precise information.
This is what my attorney has said too. I will double check with my employer attorney as well.
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