st4rguitar
04-06 02:02 PM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
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bipin
03-18 03:28 PM
Complaining to DOL is an option, but that's a long process. I'm trying to avoid red flag gets raised and making my attorney richer by RFE, MTR etc.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
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himu73
03-26 10:59 AM
Please move the Web fax link or any improtant event at the center of the home page. Most New members will now come thro. word of mouth, so the introduction of IV can be moved down.
Put like
ACTION ITEMS FOR NEXT FEW DAYS
1. WEBFAX etc
Just a suggestion to speed up things. People do visit the site but need to be told
do 1,2,3,4
Put like
ACTION ITEMS FOR NEXT FEW DAYS
1. WEBFAX etc
Just a suggestion to speed up things. People do visit the site but need to be told
do 1,2,3,4
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gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
more...
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Lasantha
09-07 12:25 PM
I still think like_watching_paint_dry 's post is just hilarious! :D
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desi3933
02-14 08:31 AM
There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
more...
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ngopalak
05-22 08:39 AM
Sounds like a great positive move with Patton Boggs
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Leo07
02-14 12:13 PM
Thanks for your response.
"...US resident since before Jan 1st, 1972." Don't you think people will need a time machine to qualify for that?
"...US resident since before Jan 1st, 1972." Don't you think people will need a time machine to qualify for that?
more...
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vhd999
02-04 06:27 PM
I guess it does not matter...I have sent USPS envelops.
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manfrmind
03-30 01:09 PM
I am not 100% sure about this issue but� I do see couple of emails from attorneys regarding denying port of entry in NJ airport. If you come across of any cases please share.
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rockstart
08-12 01:41 PM
Here is the memo that I recommend all folks who feel they have status issues to read carefully
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
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Michael chertoff
11-21 11:01 AM
In EAD Renewel
Q. 14 : Manner of last entry(hib, student etc.)
If i used my AP to enter US, then what should be the answer. i have H1B status.
Q. 14 : Manner of last entry(hib, student etc.)
If i used my AP to enter US, then what should be the answer. i have H1B status.
more...
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JunRN
02-10 02:31 PM
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Decemb er07.pdf
I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.
So the wait time is really very long for July 2007 filers with later PD.
I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.
So the wait time is really very long for July 2007 filers with later PD.
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fromnaija
02-10 10:49 AM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
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FinalGC
09-16 12:57 PM
Good note hebbar77!! I concur...but I think I heard from some attorneys' some time back.....but these are attorney's...they change their mind constantly
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i4u
11-11 10:51 AM
Yes! Lou Dobbs is back in FOX Business Network
Lou Dobbs Joining Fox Business Network (http://www.huffingtonpost.com/2010/11/10/lou-dobbs-joining-fox-business-network_n_781630.html)
Lou Dobbs Joining Fox Business Network (http://www.huffingtonpost.com/2010/11/10/lou-dobbs-joining-fox-business-network_n_781630.html)
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ivar
02-02 03:04 PM
No one on this forum who is waiting for PERM Withdrawal or has his PERM withdrawan earlier?
Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)
Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)
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conchshell
07-28 10:55 AM
For every IV member that gets their GC, would it be too much to ask them to contribute say at least $100/- ? May be this can become a norm and the starting point for an "IV Alumni" :)
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
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nlssubbu
07-26 01:41 PM
For me, my attorney's filed successor in interest I-140 after I filed I-485 due to merger. I faced no issues with this process and you can request them to file the same at your end. This did not affect my I-485.
Thanks
Thanks
ivar
02-12 02:00 PM
To Whom It May Concern:
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
shortchanged
08-09 02:04 PM
For the benefit of people (like me ) who filed 2 sets of I-485s on same underlying I-140, during the July 07 fiasco, I am posting this info.
My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.
My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.
I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
Any way I am not withdrawing these apllications myself,to avoid any confusion.
Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.
My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.
Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals
My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.
My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.
I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
Any way I am not withdrawing these apllications myself,to avoid any confusion.
Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.
My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.
Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals
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