GCanyMinute
09-10 08:42 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.
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.
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desi3933
06-12 04:51 PM
.......
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
new2H1&GC
11-08 01:52 PM
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
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boreal
06-07 03:16 PM
I dont like to give them publicity either but i think they cant be brushed off...many many activits there that participate in action items...for eg. look at the number of emails sent to the poor editor that bashed the founder...pretty enthusiastic outburst i would say! 'useless' term can be applied to their activity though..bunch of xenophobic losers targeting poor illegal and not-so-poor legal would-be immigrants and trying to spread false stories...Imagine, once they get wind of this bill, all they would focus is on the word 'exemption' and someone would come up with a cooked number, say a million or so green-cards increase per year and you know where this bill will end up after that.....all too familiar...
http://digg.com/politics/Exposing_anti_immigrant_nut
I realize that the article talks about illegal immigrants only, but no harm in exposing this nut!!
http://digg.com/politics/Exposing_anti_immigrant_nut
I realize that the article talks about illegal immigrants only, but no harm in exposing this nut!!
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keiryu
09-25 05:14 PM
What is unfortunate is that whenever they talk about 'immigration', it always refers to the illegal immigration problem. The US already have a legal immigration process. Fix this first before dealing with the illegal problem. If there was a functional legal immigration process, it would resolve some illegal immigration issues.
H1Girl
04-08 10:09 PM
Hi,
I am E-filing my EAD thru online. There is a dropDown where it asks for "Current Immigration Status"...
My Situation:
1. Entered into USA using H1B Visa
2. Changed the job and now working using EAD
3. In othyer words, my status would be AOS Pending...
Now question is there is no "AOS Pending" status in that dropdown. SO, I am confused about chosing the correct status...
The nearest ones that I am thinking are "parolee" or "UNKNOWN"
Has anyone faced the situation? Could you please help me?
I am E-filing my EAD thru online. There is a dropDown where it asks for "Current Immigration Status"...
My Situation:
1. Entered into USA using H1B Visa
2. Changed the job and now working using EAD
3. In othyer words, my status would be AOS Pending...
Now question is there is no "AOS Pending" status in that dropdown. SO, I am confused about chosing the correct status...
The nearest ones that I am thinking are "parolee" or "UNKNOWN"
Has anyone faced the situation? Could you please help me?
more...
seetheavatar
09-22 10:22 AM
Yes we got the card after a month.
It went to a place where we never lived not sure how it went there.
Anyway we didnt get the notices yet.
Just the card.
I'm in a similar situation and I opened an SR today. Did you see any movement?
Thanks,
It went to a place where we never lived not sure how it went there.
Anyway we didnt get the notices yet.
Just the card.
I'm in a similar situation and I opened an SR today. Did you see any movement?
Thanks,
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sdrblr
09-11 01:53 PM
I dont know what is your educational and experience background but please understand that it is very hard to get EB2 labor certified. It is not as easy as telling "I will start EB2 LC application"
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gc03
10-20 10:31 AM
I went to stamping in Montreal on 10/10/06. No issues or problems. I also recommend to be prepared for a lot of questions, and take all the paperwork.
My visa was also expired in 2004. I got 3 years VISA stamp upon my 3 year extention approval.
Good Luck.
My visa was also expired in 2004. I got 3 years VISA stamp upon my 3 year extention approval.
Good Luck.
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manderson
07-13 12:51 PM
like filing EAD and AP but not 485 (per Greg Siskind's opinion - Siskind-haters pls don't kill me!! :) )
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chanduv23
09-18 12:19 AM
yeeeeeeeeeeeeeeeeeeeeeeaaaaaaaaaaaH...Welcome to D.C. Thanks for posting all the encouraging words to get everyone to come!
:) Will see u all tomorrow, I am sharing room with Naveen (tnite) - what time do u all get there in the morning?
:) Will see u all tomorrow, I am sharing room with Naveen (tnite) - what time do u all get there in the morning?
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waitingnwaiting
05-20 05:10 PM
What exactly does "OP" stand for?
Om Prakash
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SGP
12-11 04:03 PM
My H1-B extension was filed on June 3 2010 requesting for additional 3 years (after the 1st 6 yrs). My labor and I-140 were also approved. The case has been pending since then. It has been more than 5 months now. I was wondering if anyone else is experiencing similar delays? My I-797 has expired in September and I'm still working on the basis of the pending application.
Thanks in advance.
Which center did you apply to? I had applied to VSC for my H1 renewal under regular processing (9-12th year) RD Aug 5, 2010. The case is yet under initial review.
Secondly, I have also applied for H1 transfer with CSC RD Oct 27, 2010 again under regular processing. The case is under initial review.
I have heard H1 extensions & transfers are taking anywhere between 4 to 6 months.
Thanks in advance.
Which center did you apply to? I had applied to VSC for my H1 renewal under regular processing (9-12th year) RD Aug 5, 2010. The case is yet under initial review.
Secondly, I have also applied for H1 transfer with CSC RD Oct 27, 2010 again under regular processing. The case is under initial review.
I have heard H1 extensions & transfers are taking anywhere between 4 to 6 months.
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thomachan72
11-05 07:26 AM
Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.
That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
more...
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jfortune
06-06 09:42 AM
http://today.reuters.com/business/newsarticle.aspx?type=ousiv&storyID=2006-06-06T122720Z_01_DEL311603_RTRIDST_0_BUSINESSPRO-INDIA-IBM-DC.XML&pageNumber=0&imageid=&cap=&sz=13&WTModLoc=BizArt-C1-ArticlePage2
Could this be a support? If US does not retain techies, US employer goes overseas.
From the article:
IBM's business in India grew 61 percent in the first quarter compared to a year earlier, the firm's highest growth rate among emerging economies. India's $15-billion domestic market for services and hardware is expanding at about 25 percent a year.
This, coupled with a global reputation for developing software cheaply, encouraged IBM to hire 15,500 staff in India last year even as it shed roughly 10,000 in Europe.
Could this be a support? If US does not retain techies, US employer goes overseas.
From the article:
IBM's business in India grew 61 percent in the first quarter compared to a year earlier, the firm's highest growth rate among emerging economies. India's $15-billion domestic market for services and hardware is expanding at about 25 percent a year.
This, coupled with a global reputation for developing software cheaply, encouraged IBM to hire 15,500 staff in India last year even as it shed roughly 10,000 in Europe.
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chantu
06-22 11:48 AM
Fill up the data. Take the print. Scan the print. Thats it.
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malibuguy007
10-02 09:40 AM
Many of you would have had the chance to discuss with your better halves yesterday night - ready to contribute now? :D
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Solong
07-21 12:53 PM
My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?
Thanks for your input.
Solong:confused:
Thanks for your input.
Solong:confused:
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chanduv23
10-29 01:28 PM
Bump - come on folks, please provide feedback.
We are glad that so many people turned out in huge numbers.
We are glad that so many people turned out in huge numbers.
JunRN
12-18 04:16 PM
What do you mean? An approved I-140 suddenly got reversed decision and was denied? Haven't heard of such cases. Can you please show me the link? thanks!
pappu
07-22 08:50 AM
And on the top of that giving red flags.
One person already decided to be away from such "GUNDA RAJ". I'll also abstain for couple of weeks
Hope admins are competent enough to notice it.
I did not see any such threads. Please point me to it.
This is a problem. When we try to keep the forums clean, people complain and talk about 'freedom of speech' and that moderators act like dictators. They go and talk rubbish about IV elsewhere.
When we are flexible and allow people to express, people start complaining about abusive comments and posts.
One anonymous user commenting against other anonymous user is hardly of any consequence. To come to IV or not come to IV is your decision. Remember IV is not about forum or red dots or green dots. It is a platform for everyone to meet and work towards fixing the system. If a person is committed to the cause, he would not be bothered by any distraction.
One person already decided to be away from such "GUNDA RAJ". I'll also abstain for couple of weeks
Hope admins are competent enough to notice it.
I did not see any such threads. Please point me to it.
This is a problem. When we try to keep the forums clean, people complain and talk about 'freedom of speech' and that moderators act like dictators. They go and talk rubbish about IV elsewhere.
When we are flexible and allow people to express, people start complaining about abusive comments and posts.
One anonymous user commenting against other anonymous user is hardly of any consequence. To come to IV or not come to IV is your decision. Remember IV is not about forum or red dots or green dots. It is a platform for everyone to meet and work towards fixing the system. If a person is committed to the cause, he would not be bothered by any distraction.
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