Friends, my question was timing of porting priority date, to put the question in one line as below,
Earlier I-140, PD Mar 06 from company A if i file new I-140 Eb2 from company B, i am aware that i can port priority but the question is when this can be done, when I apply new I-140 or when after I apply new I-140 or after i get my second I-140 approved.
Thanks.
Earlier I-140, PD Mar 06 from company A if i file new I-140 Eb2 from company B, i am aware that i can port priority but the question is when this can be done, when I apply new I-140 or when after I apply new I-140 or after i get my second I-140 approved.
Thanks.
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Update: I got the fingerprinting or ASC notice for both of us. So it seems things are moving.
Good to hear.
Good to hear.
... Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
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I am in a similar situation and was rejected due to the same reasons.
Has the original poster received any update on their E-file yet?
Has the original poster received any update on their E-file yet?
Folks in or around Dallas, TX - this is an opportunity for you to go and attend this hearing
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "
DATE: August 31, 2006
TIME: 09:00 AM
Location: University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, Building ECSS, TI Foundation Auditorium, Richardson, Texas.
Contact: 202-224-5225
http://judiciary.senate.gov/hearing.cfm?id=1801
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "
DATE: August 31, 2006
TIME: 09:00 AM
Location: University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, Building ECSS, TI Foundation Auditorium, Richardson, Texas.
Contact: 202-224-5225
http://judiciary.senate.gov/hearing.cfm?id=1801
The *bump* wasn't ment to rush you. Just wanted everyone to see what has been goin on in this battle.
Oops forgot to change that part. Hehe.:P
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Good one Arihant :D :D
--
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :pNobody wins. I would be glad if my company pays for it. Anyway it's good for me that I got this opportunity at least. And you are right, it's still counting. I'm renewing EAD every 9 months for 3 of us - 180 x 3 =540
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :pNobody wins. I would be glad if my company pays for it. Anyway it's good for me that I got this opportunity at least. And you are right, it's still counting. I'm renewing EAD every 9 months for 3 of us - 180 x 3 =540
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Thx everyone. Can't wait to see the return.:D
Is my week up yet CG? Lol My rep here is becoming bad now cause i\of the message.:D
Is my week up yet CG? Lol My rep here is becoming bad now cause i\of the message.:D
Hi All,
I am in a very strange situation. I filed my PERM LC in Jan 2006 and approved in March 2006. While we are preparing for I-140, my company found LC Sub with the PD of Jan 2003 and filed I-140 based on that LC Sub in June 2006.
My LC Sub based I-140 is still pending since June 2006. Then in July 2007, I filed AOS based on that pending LC Sub. I got the EAD & AP. My wife has started working on EAD also.
Still my I-140 is pending and PERM LC is going to expire on Jan 13 2008. My company lawyers are saying that if the I-140 is not approved by Jan 9 2008, they want to withdraw my pending LC Sub and file a new I-140 using the PERM LC.
Question 1: If they do this, what will happen to my pending I-485, EAD & AP?
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Please help me decide guys!
I am in a very strange situation. I filed my PERM LC in Jan 2006 and approved in March 2006. While we are preparing for I-140, my company found LC Sub with the PD of Jan 2003 and filed I-140 based on that LC Sub in June 2006.
My LC Sub based I-140 is still pending since June 2006. Then in July 2007, I filed AOS based on that pending LC Sub. I got the EAD & AP. My wife has started working on EAD also.
Still my I-140 is pending and PERM LC is going to expire on Jan 13 2008. My company lawyers are saying that if the I-140 is not approved by Jan 9 2008, they want to withdraw my pending LC Sub and file a new I-140 using the PERM LC.
Question 1: If they do this, what will happen to my pending I-485, EAD & AP?
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Please help me decide guys!
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I filed on July 2nd to NSC. The checks were cashed on 7th september after the case was transferred to CSC.
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Dear All,
Thanks for your sincere advise and wishes !!
Wish you all great success.
Regards,
Alp
Thanks for your sincere advise and wishes !!
Wish you all great success.
Regards,
Alp
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NSC is following FIFO. As per , NSC is adjudicating June 15 EAD filers as of the moment. So approximately, it will take 90 days from RNs for us to receive our EAD. However, this doesn't take into account surge in July filings. So, my best guess is, 90 to 120 days!
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I am in a similar situation. My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, from the previous post I understand that one needs to be present in the US to renew EAD and AP. My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, from the previous post I understand that one needs to be present in the US to renew EAD and AP. My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
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cchaitu,
no you dont see anything abt FP on 485 status. If you haven't called USCIS, you can call once and see, it may help.
no you dont see anything abt FP on 485 status. If you haven't called USCIS, you can call once and see, it may help.
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I think the original question could be rephrased as follows:
Will I get an FP notice if my PD is not current?
Would someone answer this question, please?
Will I get an FP notice if my PD is not current?
Would someone answer this question, please?
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Friends, my question was timing of porting priority date, to put the question in one line as below,
Earlier I-140, PD Mar 06 from company A if i file new I-140 Eb2 from company B, i am aware that i can port priority but the question is when this can be done, when I apply new I-140 or when after I apply new I-140 or after i get my second I-140 approved.
Thanks.
Earlier I-140, PD Mar 06 from company A if i file new I-140 Eb2 from company B, i am aware that i can port priority but the question is when this can be done, when I apply new I-140 or when after I apply new I-140 or after i get my second I-140 approved.
Thanks.
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Done. Thanks.
is that this bill will easily pass also the House. The problem is that the Speaker and the house leader has some agreement that the only bill that goes to the floor must have the majority of the republicans votes. That is the reality. I am positive that if nothing happen this year, it will happen next year if the house will go under the Dems.
The reality is that a little group of republicans (not even conservator, Mc Cain and Flakle are conservator and you see their opinion) are agianst any type of immigration.
on 630 KHOW (Capliss & Silverman).
Congressman Udall spoke at length how the conference committee is formed, how it operates and how decisions are reached.
One thing he said is particularly noteworthy. He said, he reads his fellow congressmen and the mood of the House, and at this moment there are 300 congressmen (out of a total of 525) willing to vote in favor of the senate version of the comprehensive immigration bill as it is.
As I said in my posts elsewhere in IV, let's keep our eyes and ears open for the opnions of representatives and follow up on that.
The reality is that a little group of republicans (not even conservator, Mc Cain and Flakle are conservator and you see their opinion) are agianst any type of immigration.
on 630 KHOW (Capliss & Silverman).
Congressman Udall spoke at length how the conference committee is formed, how it operates and how decisions are reached.
One thing he said is particularly noteworthy. He said, he reads his fellow congressmen and the mood of the House, and at this moment there are 300 congressmen (out of a total of 525) willing to vote in favor of the senate version of the comprehensive immigration bill as it is.
As I said in my posts elsewhere in IV, let's keep our eyes and ears open for the opnions of representatives and follow up on that.
But with the new rule, it doesn't matter if FBI name check is pending.If your PD is current, whether your name check is pendign or not GC will be approved.
Am I correct?
USCIS - FBI Joint Plan to Eliminate Name Check Backlogs
May 2008 - Process all name checks pending for more than 3 years
July 2008 - Process all name checks pending for more than 2 years
Nov 2008 - Process all name checks pending for more than 1 year
Feb 2009 - Process all name checks pending for more than 180 days
Jun 2009 - Process 98% of all name checks within 30 days and process the remaining 2% within 90 days
http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf
Am I correct?
USCIS - FBI Joint Plan to Eliminate Name Check Backlogs
May 2008 - Process all name checks pending for more than 3 years
July 2008 - Process all name checks pending for more than 2 years
Nov 2008 - Process all name checks pending for more than 1 year
Feb 2009 - Process all name checks pending for more than 180 days
Jun 2009 - Process 98% of all name checks within 30 days and process the remaining 2% within 90 days
http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf