- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
(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 not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Thanks for your response.
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I was here on F1 first and then converted o H1. I went for a H1 stamping after about 5years. Student status refers to the status of the F1 visa. They usually track it using SEVIS. My bad luck since SEVIS was not up that day or my name was not showing up since I was a pre sevis grad enrollment. 221g is a document they hand out if they cannot issue a visa due to lack of documents or need to no further administrative processing like verify employer/status on a visa etc. You need to either appear again before the consulate or they get back to your later. My case was a nightmare and I dont plan to ever go back again to India period. Guys do your research on the web regarding 221g do travel plans accordingly!
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Only one copy is sent to the attorney.....If you applied under premium processing, USCIS faxes a copy to the attorney before mailing the RFE hardcopy....
because USCIS is not even willing to talk if the Service center does not have processing dates current. And if my case is in California (which website says), then the processing dates are not current and have never been current and probably will not be current for a very long time. CSC does not process 485 applications at all.
"Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "
First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.
Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.
Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.
Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.
Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now
I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
Thanks again for the help!
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Absolutely - in all responses I include my actual name/ email / sometimes my address or phone number if they request it. I always include a link to the IV homepage and disclose I am a member of the group - along with key issues our group faces (mainly a synopsis of the "green card process and problems" resource page here, and an example case study summary - i.e. "this is what is happening to me")
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
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For instance see:
Salary Considerations for the New Job
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
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Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
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Source File: http://www.danalu.com/images/innovation.psd
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Scroll down to the bottom of the page to see the membership count and who is the newest member.
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I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.
If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.
I have a fall back to EAD though based an approved 140 and 180 days past 485.
But how do I get the spouse then???
by relocating back to yr country or by having a long distance marriage or marrying a gc holder or h1 etc .. it is a tough choice for you ..
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I feel sorry for the employees.
oh..is that true..
I tired to read economic times and couldnt understand how much they cooked.
sucha big scam..employees will be on the edge now
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So don't worry about the quality of their news .It may look like they are influencing the society but even they don't have such power and they are not everything.So we don't have to let our minds be consumed with disappointment,anger. Instead we should focus on what we can do to improve things with whatever resources we have.
Least you could do is not visit those sites.
Prannoy Roy of NDTV is half Indian and is married to Prakash Karat's(communist) wife's sister.
Rajdeep Sardesai of CNN-IBN is a classic example of Macaulian Indian and he has connections with Prannoy Roy of NDTV which goes way back to his stint with NDTV.
As we know there was split in old Indian express .Shekhar Gupta 's Indian express works for Gandhi family though it may not be so obvious some times.
Express buzz the other part of the old Inidan express ,rediff are some of the news site(s) that are somewhat better.
So yes things are bad but are not that bad either.
Indian media was also kind of all over the place about the White House Diwali celebrations and American media totally ignored it.
I have a feeling this media war on everything that's Hindu is like passing cloud.Also it's understandable especilly when the power centres ruling India are western.
Look at the abrupt change in A.P political scenario when the govt's eyes,hands got so greedy, long that they got to the treasures of the sacred religious,spiritual centers. I read somewhere A.P govt was working on this master plan of selling the Tirumala treasures as govt coffers were empty what with distribution of free money to people, and all other kinds of corruption.
A wave always recedes before it makes that huge jump.
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Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?
Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?
Good review of previous performance.
What could be different this year compared to previous years are
1) DOS seems to make sure no visas are wasted and so may not want to wait for the last 2 months of the fiscal year.
2) More cases are pre-adjudicated which makes it easier for them to initiate the fall-across/fall-down in July than wait for August.
3) DOS has been good at not retrogressing the the visa dates further back in the last few months. They either stay where they are or move forward. But not back. This indicates that they are paying more attention and not randomly opening up visas. This means they want to issue visas by priority dates which would need proper planning (to make sure nothing gets wasted)
All these above factors may influence them to open up in July than August. Again, these are my gut feel.
When I ask him to mail me the receipt notices, he says its not their general practice to send them to clients and they are really not useful when I start getting the FP notice etc...This is really weird!
Folks - Is it possible to get a copy of the receipt notices by calling USCIS?
Thanks in advance!