ssdtm
03-22 01:02 AM
My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.
---- No risk in filing in EB2
Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.
Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
---- There is lack of clarity on this. I have read lawyer opinions on both sides.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
----
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.
---- No risk in filing in EB2
Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.
Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
---- There is lack of clarity on this. I have read lawyer opinions on both sides.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
----
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Enebreus
02-09 03:11 PM
^^^ :eyeup:. Did you really actively go out and seek votes?
No... that was a joke. You were supposed to find it a tiny bit amusing (very tiny bit).
But it's nice to see you have such a high opinion of me :P
No... that was a joke. You were supposed to find it a tiny bit amusing (very tiny bit).
But it's nice to see you have such a high opinion of me :P
abhishek101
05-17 05:50 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.
I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.
I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.
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ardnahc
09-01 01:56 PM
Congratulations!
more...
Pagal
01-18 06:41 AM
Hello,
Consult your lawyer on extensions and right paperwork..
IMHO, with right paperwork, no need to cancel the travel plans andor to worry about PoE... que sera sera...
Consult your lawyer on extensions and right paperwork..
IMHO, with right paperwork, no need to cancel the travel plans andor to worry about PoE... que sera sera...
mdipi
11-01 03:31 PM
how do i anti-alis? well anyway, i took your adive and this is kinda what it came out to be, I LOVE IT! Right a tut on substuting gradiants or something for Kirupa. Lost and Eilose are making a PS section of the site so they might be able to add it, i already added mine =)!
thanks a bunch
-mike:cyclops:
thanks a bunch
-mike:cyclops:
more...
legal_la
07-17 04:59 PM
Guys,
August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D
finally it is official. No mention of additional time (couple of weeks in august) to file 485, so i guess we have until end of this month...
August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D
finally it is official. No mention of additional time (couple of weeks in august) to file 485, so i guess we have until end of this month...
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kirupa
08-20 12:36 PM
Hi cakewalkr7!
For your first question, the reason is that when animating, the height of an element is not what gets changed by default when you use the adorners. A RenderTransform with ScaleY changes instead.
What you want to do is set the actual Height property to 0 on the properties inspector at a given keyframe. That should give you the effect that you want. Here is a small XAML snippet that allows you to do that:
<Window.Resources>
<Storyboard x:Key="Storyboard1">
<DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid" Storyboard.TargetProperty="(FrameworkElement.Height)">
<SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="0"/>
</DoubleAnimationUsingKeyFrames>
</Storyboard>
</Window.Resources>
<Window.Triggers>
<EventTrigger RoutedEvent="FrameworkElement.Loaded">
<BeginStoryboard Storyboard="{StaticResource Storyboard1}"/>
</EventTrigger>
</Window.Triggers>
<Grid x:Name="LayoutRoot">
<StackPanel>
<Grid Height="100" Background="#FFF5FF00" x:Name="grid"/>
<Grid Height="100" Background="#FF00B3FF"/>
</StackPanel>
</Grid>
For your second question, there isn't an easy way to do that without writing code. This tutorial should help: http://www.kirupa.com/blend_wpf/modifying_animations_pg1.htm What you would vary is the Storyboard.TargetName, and that would point to the appropriate Grid that you are interested in animating.
Let me know if that helps or if you need more info.
Cheers!
Kirupa :)
For your first question, the reason is that when animating, the height of an element is not what gets changed by default when you use the adorners. A RenderTransform with ScaleY changes instead.
What you want to do is set the actual Height property to 0 on the properties inspector at a given keyframe. That should give you the effect that you want. Here is a small XAML snippet that allows you to do that:
<Window.Resources>
<Storyboard x:Key="Storyboard1">
<DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid" Storyboard.TargetProperty="(FrameworkElement.Height)">
<SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="0"/>
</DoubleAnimationUsingKeyFrames>
</Storyboard>
</Window.Resources>
<Window.Triggers>
<EventTrigger RoutedEvent="FrameworkElement.Loaded">
<BeginStoryboard Storyboard="{StaticResource Storyboard1}"/>
</EventTrigger>
</Window.Triggers>
<Grid x:Name="LayoutRoot">
<StackPanel>
<Grid Height="100" Background="#FFF5FF00" x:Name="grid"/>
<Grid Height="100" Background="#FF00B3FF"/>
</StackPanel>
</Grid>
For your second question, there isn't an easy way to do that without writing code. This tutorial should help: http://www.kirupa.com/blend_wpf/modifying_animations_pg1.htm What you would vary is the Storyboard.TargetName, and that would point to the appropriate Grid that you are interested in animating.
Let me know if that helps or if you need more info.
Cheers!
Kirupa :)
more...
sraghava
10-08 02:29 PM
I have the same case as user beautifulMind ..
I applied for my I-485 AOS and EAD-OPT card for my wife at the same time (June last week) .My wife is on F-1.We decided to apply for the EAD-OPT since there were rumors of the July 2 retrogression.She received her EAD-OPT in Sep (EAD to start Oct 1 ) and received her I-485 EAD on Oct 5 (EAD to start Sep 27).
Should she use her OPT-EAD or I-485 EAD ?
I applied for my I-485 AOS and EAD-OPT card for my wife at the same time (June last week) .My wife is on F-1.We decided to apply for the EAD-OPT since there were rumors of the July 2 retrogression.She received her EAD-OPT in Sep (EAD to start Oct 1 ) and received her I-485 EAD on Oct 5 (EAD to start Sep 27).
Should she use her OPT-EAD or I-485 EAD ?
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krishnam70
03-26 12:40 AM
Roseball,
This is a very good alternative that you have suggested. Does this mean that i can have my full 12+17 months of my OPT, and my H1 will only start when i do the stamping in India. But in that case i would need to have the same employer at the time i enter correct? Also what if i want to change my employer after i have my H1 stamped while coming inside the country?
Thanks in advance.
Comes with a risk at POE. You could be stopped and its happening to H1's too.
- cheers
kris
This is a very good alternative that you have suggested. Does this mean that i can have my full 12+17 months of my OPT, and my H1 will only start when i do the stamping in India. But in that case i would need to have the same employer at the time i enter correct? Also what if i want to change my employer after i have my H1 stamped while coming inside the country?
Thanks in advance.
Comes with a risk at POE. You could be stopped and its happening to H1's too.
- cheers
kris
more...
chanduv23
03-15 06:26 PM
Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.
I was offered one when i was in that situation way back in 99.
Its as per law. But in practice, we do not see it happening much. maybe I am not aware. Anyway getting a flight ticket back to home country is not an issue for a great discussion :)
I was offered one when i was in that situation way back in 99.
Its as per law. But in practice, we do not see it happening much. maybe I am not aware. Anyway getting a flight ticket back to home country is not an issue for a great discussion :)
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finimits
05-03 10:01 AM
So I will automatically get a 3 year extension when I do the H1B transfer to the new company? Is that because I have a I-140 approval already? I guess I need to show that and the PERM copy. Correct?
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manohar77
07-23 12:14 PM
R Pitcher
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ilikekilo
04-27 03:03 PM
you may not get much ifnormation from Infopass - you can go for infopass for issues like FP or Name check status or similar things.
Well Don't don't assume that "pre adjudicated" means everything with the case is over and the ONLY factor is visa number unavailability.
Pre adjudicated means - things are fine as of now.
not being cynical but pre adjudicated , in my opinion , really means its preadjudicated only at the time it was preadjudicated:D..esp with all hte goof ups happening these days
Well Don't don't assume that "pre adjudicated" means everything with the case is over and the ONLY factor is visa number unavailability.
Pre adjudicated means - things are fine as of now.
not being cynical but pre adjudicated , in my opinion , really means its preadjudicated only at the time it was preadjudicated:D..esp with all hte goof ups happening these days
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kish006
10-31 09:03 AM
Any luck today for any body. Please post if u got ur recipt number( july 2nd filers).
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drona
07-12 02:39 PM
He always says he is pro legal immigration and that he is a champion of immigrants. He won't know what that means until he meets us! :) Let's give him some attention!
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roseball
07-11 12:52 PM
Hello friends,
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Well, one of my colleagues with EB-2 India PD of Nov 2003 took an InfoPass appointment as soon as the bulletin came out with his PD being current. IO told him that he is all set and should get his I-485 approved as soon as his application is picked for processing as per the processing dates....He did not see any LUDs...He applied his 485 in Jun 2007...He got the welcome email in the first week of the month when his PD was current...
So I am not sure if his InfoPass appointment triggered anything or his application was picked randomly..Whatever it is, its worth taking an InfoPass because it is the only thing in your control...Good luck..
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Well, one of my colleagues with EB-2 India PD of Nov 2003 took an InfoPass appointment as soon as the bulletin came out with his PD being current. IO told him that he is all set and should get his I-485 approved as soon as his application is picked for processing as per the processing dates....He did not see any LUDs...He applied his 485 in Jun 2007...He got the welcome email in the first week of the month when his PD was current...
So I am not sure if his InfoPass appointment triggered anything or his application was picked randomly..Whatever it is, its worth taking an InfoPass because it is the only thing in your control...Good luck..
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samcam
05-19 11:34 AM
welcome to our newest member darlynb... 3873 and counting...
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nixstor
06-30 05:33 PM
I would love to hear some updates from the OB.
ArkBird
12-08 03:50 PM
I wish! :)
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
We are legal immigrants and most importantly - tax payers, shouldn't that be enough??
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
We are legal immigrants and most importantly - tax payers, shouldn't that be enough??
zeal2005
02-11 12:25 PM
My GC was filed by Chugh firm and I did not face any problems so far. I left my GC sponsoring company as well and still continuing with them for AC21 and other issues. In general, you have to carefully verify the data in the application that the firm feel up but that is applicable for any law firm you choose.