Recent update from Murthy seems to confirm our theory that I-140 has to be approved to interfile
Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent
�MurthyDotCom
Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.
�MurthyDotCom
In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval.
Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent
�MurthyDotCom
Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.
�MurthyDotCom
In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval.
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Higher salary should not be a problem at all. Important thing is, the salary should be equal or above the prevailing wage at new location for that job classification at that position/level. PW also a survey of wage by DOL. It does not mean that one should not earn considerably more than average. Lets see an hypothetical example,
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
Ramba,
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
Ramba,
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
Guys, this is not an Indian site. Half the posts have word Indian in them.
I am not apologetic about being Indian but lets remain true to the IV cause
The current economic crisis has many victims. To hear about this 90 year old woman who attempted suicide is depressing too. There is a slight twist at the end, Fannie Mae forgave her debt.
http://abcnews.go.com/US/wireStory?id=5957063
On a different note, what about us folks who have been on this never ending path to legal immigration for ever and such events e.g economic crisis, rising unemployement etc impact us in a huge way and we don't have any recourse. What do you guys think should the USCIS do? Should they "forgive" us our circumstances. Should there be special rules in these unforseen circumstances?
I am not apologetic about being Indian but lets remain true to the IV cause
The current economic crisis has many victims. To hear about this 90 year old woman who attempted suicide is depressing too. There is a slight twist at the end, Fannie Mae forgave her debt.
http://abcnews.go.com/US/wireStory?id=5957063
On a different note, what about us folks who have been on this never ending path to legal immigration for ever and such events e.g economic crisis, rising unemployement etc impact us in a huge way and we don't have any recourse. What do you guys think should the USCIS do? Should they "forgive" us our circumstances. Should there be special rules in these unforseen circumstances?
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We are not here illegally. We are proud to be highly skilled, in demand and in America to improve American competitiveness.
The National Anthem was sung (and thank you Panjak, you brought a tear to my eye) as we are waiting patiently in line.
It was sung as a mark of respect to the country of which we aspire to eventually become citizens of, and that play host to us. Its the same reason we held the American and State flags up high and proud during the walk.
It is a powerful statement
The National Anthem was sung (and thank you Panjak, you brought a tear to my eye) as we are waiting patiently in line.
It was sung as a mark of respect to the country of which we aspire to eventually become citizens of, and that play host to us. Its the same reason we held the American and State flags up high and proud during the walk.
It is a powerful statement
I would go with the prediction in the Jan 2010 Visa Bulletin:
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
I tend to agree with you. Projections by DOS seems to be closer to reality.
I would stay conservative contrary to many other predictions.
1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.
2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.
2009 info
Country cap for Eb-2 - aprox. 2800
2009 India for Eb-2 was 10,116.
fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316
So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
I tend to agree with you. Projections by DOS seems to be closer to reality.
I would stay conservative contrary to many other predictions.
1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.
2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.
2009 info
Country cap for Eb-2 - aprox. 2800
2009 India for Eb-2 was 10,116.
fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316
So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.
How did you send your payment? Was is a personal check or a Money Order.
I renewed 5 times for myself and five times for my wife and each time I sent a money order and it went thorough without issue.
I am not sure if they accept personal checks however. You have to look into that if that was how you were attempting to pay.
Once you have the correct payment method, and have done your part, contact your congressman's office, or your senators office, and have them follow it up. You could also explain the delay and send them a copy of the relevant documents including payments. FYI, always better to call their immigration liason and develop a regular contact with them.
It will be helpful to you and also help with any lobbying efforts. I urge more of you to do that.
I've got to tell you however that sometimes, even if you do everything right, they can be late. They took 124 days once for me, and I applied 96 days ahead of the expiry. In the end, no reason, no explanation, no apology, no nothing, just an approval notice and card. It is another of the uncertainties you have to deal with as an EAD holder. Fortunately for me I had a concurrent H1b running at the time and my Lawyer suggested I continue working.
I renewed 5 times for myself and five times for my wife and each time I sent a money order and it went thorough without issue.
I am not sure if they accept personal checks however. You have to look into that if that was how you were attempting to pay.
Once you have the correct payment method, and have done your part, contact your congressman's office, or your senators office, and have them follow it up. You could also explain the delay and send them a copy of the relevant documents including payments. FYI, always better to call their immigration liason and develop a regular contact with them.
It will be helpful to you and also help with any lobbying efforts. I urge more of you to do that.
I've got to tell you however that sometimes, even if you do everything right, they can be late. They took 124 days once for me, and I applied 96 days ahead of the expiry. In the end, no reason, no explanation, no apology, no nothing, just an approval notice and card. It is another of the uncertainties you have to deal with as an EAD holder. Fortunately for me I had a concurrent H1b running at the time and my Lawyer suggested I continue working.
I am in the same boat, My I-485 was approved on Aug 5th, so far no cards received.
Also, i received SR (which i opened on 8/3) response 2 weeks back "saying my I-485 was approved and my application is waiting for bio-metrics for whichi will receive an ASC appointment later" so far i have not received bio-metrics appointment either.
I guess, i should wait for 30 days and take an info pass or open a SR.
Thanks
chintainfogc
Also, i received SR (which i opened on 8/3) response 2 weeks back "saying my I-485 was approved and my application is waiting for bio-metrics for whichi will receive an ASC appointment later" so far i have not received bio-metrics appointment either.
I guess, i should wait for 30 days and take an info pass or open a SR.
Thanks
chintainfogc
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I am on a similar situation. Approved on Aug 3rd. Got a approval notice I-485 in post. Called USCIS and they mentioned to wait till Sep 3rd and if I do not get the card to call back after sep 3rd.
Let's wait for another 3 days and will update what happens.
Let's wait for another 3 days and will update what happens.
My head is spinning too. :rolleyes:
Maybe it will be easy is you write it with actual name, no need for real names.
Maybe it will be easy is you write it with actual name, no need for real names.
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If you are an immigrant what�s your status...Tell us more about you.
If not, what�s the purpose of you are visiting IV. Just teach about the scam?
The ICE, USCIS and DOL are there and very much capable to take care these scams. So if you have any information about the fraud...contact those authorities. We don�t have anything to do with that. Otherwise please get lost.
I can see how ignorant you are, I can use similar words.
Either you are really an uneducated fellow or not really get educated.
I dont have to file any type of application to be on this forums,
There could be tons of reasons why I am on this forums, ...Parents visitor visa, .. Brothers H1 , .. friends immigrants status, ...for god sake there are tons of issues.
I can say one thing .. there are few fellows around here .. looks like they are invaded this Immirationvoice.org forums and they are not allowing any new users to come or to post any topics which they dont like. What's wrong in my posting. I just browsed some topics .. they are horrible horrible topics out there.
Do a favor, If you want to help this forums never post such type of comments and get educated first and think positively.
-Vj
If not, what�s the purpose of you are visiting IV. Just teach about the scam?
The ICE, USCIS and DOL are there and very much capable to take care these scams. So if you have any information about the fraud...contact those authorities. We don�t have anything to do with that. Otherwise please get lost.
I can see how ignorant you are, I can use similar words.
Either you are really an uneducated fellow or not really get educated.
I dont have to file any type of application to be on this forums,
There could be tons of reasons why I am on this forums, ...Parents visitor visa, .. Brothers H1 , .. friends immigrants status, ...for god sake there are tons of issues.
I can say one thing .. there are few fellows around here .. looks like they are invaded this Immirationvoice.org forums and they are not allowing any new users to come or to post any topics which they dont like. What's wrong in my posting. I just browsed some topics .. they are horrible horrible topics out there.
Do a favor, If you want to help this forums never post such type of comments and get educated first and think positively.
-Vj
Like rollover minutes for a mobile phone plan .... I think we should propose USCIS to rollover the unused visa numbers to the next year. :D
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Damn..F5 button on my keyboard needs replacing:D
You can try Ctrl + R.........:D
You can try Ctrl + R.........:D
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Basically to retain the PD you should have the copy of the I-140 approved and you could retain the PD. Having said that, different lawyers have different interpretations when you switch jobs and retain the PD. Basicallly some lawyers say you could retain the PD even if your old employer uses it for another person after revoking yours, while others say you can't retain PD if your old employer revokes your I-140. However if your old employer willn't revoke your I-140 then you could definetely port your PD with your new employer. If you employer is hesitant to give, you could try asking him other ways if possible for H1B stamping etc.
If a person has a copy of 140 approval, can he/she port the PD even
if the employer revoke it?
thanks
babu
If a person has a copy of 140 approval, can he/she port the PD even
if the employer revoke it?
thanks
babu
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We should put end to Lou's lies. Let's be creative. We thought of the flower campaign, we all have higher degrees. There should be a way how to stop this guy. I think we are the only ones who can do it.
By the way, Lou's ancestors came to USA also legally like us. What is the difference then? Really the only people who have the right to criticize the legal immigration to USA are the native Americans. I know that this argument would never success with the general public here but I believe it's true.
I don't think that Lou's ancestors even had visas. They probably came on the Mayflower, went to Ellis island and were just allowed to live anywhere they chose. Atleast we came here with legal paperwork.
One of the ways to stop him is to show him the actions of his own employer. If you read the petition, one of the key things is
http://www.petitionspot.com/petitions/loudobbs
"From the records I obtained from USCIS/INS, Time Warner and its subsidiaries, your esteemed company who Lou Dobbs works for, hired at least 55 H1-B workers in 2006. Did your company hire these workers illegally ? Did your immigration law department check the validity of their visas ?
I am sure these are very difficult questions to answer. There is a very popular English proverb "People who live in glass houses should not throw stones" and this very well applies to Time Warner Inc. Lou Dobbs crying foul about H1-B workers while his own employer hires tons of them. I have attached the details of the H1-B approvals for Time Warner Inc. and subsidiaries which I obtained from USCIS."
I think this is very hard-hitting since it exposes the contradictions within Time Warner. Would Lou criticize his own employer for hiring H1-Bs ? I think he would be fired if he did.
By the way, Lou's ancestors came to USA also legally like us. What is the difference then? Really the only people who have the right to criticize the legal immigration to USA are the native Americans. I know that this argument would never success with the general public here but I believe it's true.
I don't think that Lou's ancestors even had visas. They probably came on the Mayflower, went to Ellis island and were just allowed to live anywhere they chose. Atleast we came here with legal paperwork.
One of the ways to stop him is to show him the actions of his own employer. If you read the petition, one of the key things is
http://www.petitionspot.com/petitions/loudobbs
"From the records I obtained from USCIS/INS, Time Warner and its subsidiaries, your esteemed company who Lou Dobbs works for, hired at least 55 H1-B workers in 2006. Did your company hire these workers illegally ? Did your immigration law department check the validity of their visas ?
I am sure these are very difficult questions to answer. There is a very popular English proverb "People who live in glass houses should not throw stones" and this very well applies to Time Warner Inc. Lou Dobbs crying foul about H1-B workers while his own employer hires tons of them. I have attached the details of the H1-B approvals for Time Warner Inc. and subsidiaries which I obtained from USCIS."
I think this is very hard-hitting since it exposes the contradictions within Time Warner. Would Lou criticize his own employer for hiring H1-Bs ? I think he would be fired if he did.
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how is it determined how long the EAD will be renewed for? If there are no fees associated with filing the renewal, then it probably doesn't matter.
Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.
Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.
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Winner - Very well blogged.
All of us need to rally for IV cause with full strength.
All of us need to rally for IV cause with full strength.
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It already, the new date for EB2I was March 07 and everyone was congratulating Q for his predictions!!! And then..........I woke up :)....and back to this crap :)
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Please check your state chapter yahoogroup emails. DON'T SKIP DOING IT, this needs your urgent attention!
Thank you!
Abhijit
Thank you!
Abhijit
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articles in the media drive please.
That ways everything is in one place...
good find
That ways everything is in one place...
good find
Yes , the employer is Desi. who else can do something like this ? :mad:
After 6 months, can't we simple change employer on H1B and fire the previous attorney and ask him to send all the documents to the new attorney?
Can USCIS send a duplicate receipt notice to our home address on our request?
sent you a PM..check it out..
After 6 months, can't we simple change employer on H1B and fire the previous attorney and ask him to send all the documents to the new attorney?
Can USCIS send a duplicate receipt notice to our home address on our request?
sent you a PM..check it out..
I went to Chennai US consulate for my 7th year H1B visa stamping. Without verifying any of my docs which took it with me, VO just issued 221g green slip and asking all petitioner's docs....
Here is more detail about my case.
1. I am working for a small company < 50 employees as a full time employee, since 2005.
2. I am the only one H1B in my company ...
3. My company was acquired by our competitor and name got changed ...
Here are my concerns
1. If they have any concern / doubt about me / petitioner, Why dont they clear it before approving I-129? Now DOS is sending back all the 221g cases to USCIS only for further verfication. So does it mean USCIS is not doing enough verification before approving I-129?
2. Can IV team / Experts help to rectify this too much of back and forth b/w USCIS and DOS?
3. If my visa is rejected, How do I vacate my apt, selling my car?
4. What will happen to my son's school? i.e. How do I transfer or continue his education in India...
5. I would suggest all the H1b people to think twice before going for visa stamping in India.
If anybody in similar situation, Please share your exp here ...
Here is more detail about my case.
1. I am working for a small company < 50 employees as a full time employee, since 2005.
2. I am the only one H1B in my company ...
3. My company was acquired by our competitor and name got changed ...
Here are my concerns
1. If they have any concern / doubt about me / petitioner, Why dont they clear it before approving I-129? Now DOS is sending back all the 221g cases to USCIS only for further verfication. So does it mean USCIS is not doing enough verification before approving I-129?
2. Can IV team / Experts help to rectify this too much of back and forth b/w USCIS and DOS?
3. If my visa is rejected, How do I vacate my apt, selling my car?
4. What will happen to my son's school? i.e. How do I transfer or continue his education in India...
5. I would suggest all the H1b people to think twice before going for visa stamping in India.
If anybody in similar situation, Please share your exp here ...
