pappu
10-23 11:01 AM
Significance of Priority date???
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
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ineedhelp
07-18 12:07 PM
Hi Ram,
Thanks for your reply. But i heard like the policies which are signed india are valid in USA becoz of the mutual countries agreement. I did actually visit an attorney and got to know from her that it is probably something that wipro might not take (action against me) but she did paused and told me that USA will of course will honor any policies that were signed in India because of bilateral agreement.
Regards,
ineedhelp
Thanks for your reply. But i heard like the policies which are signed india are valid in USA becoz of the mutual countries agreement. I did actually visit an attorney and got to know from her that it is probably something that wipro might not take (action against me) but she did paused and told me that USA will of course will honor any policies that were signed in India because of bilateral agreement.
Regards,
ineedhelp
53885
05-12 01:02 PM
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bmoni
12-22 12:59 PM
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
more...
marlon2006
06-13 02:49 PM
Hi Renata,
I am from Brazil as well. My PD is April 2002. This cut-off date is making my professional life miserable. My wife questions on whether it is worthed the wait or we should just go to the South in Brazil and enjoy professional freedom there.
I hope that the potential unused visas from EB2 World can get transferred to EB3 World in October. Also, who knows perhaps the visa numbers on October 2006 can make our dates advance to 2002 ? Let's see, but in this process, nothing is certain. The only thing that it seems certain is that USCIS/DOS made a remark that advancement in cut-off dates should slow down or even retrogress further this Summer. Gloom scenario.
Hi camberiu,
my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!
Renata
I am from Brazil as well. My PD is April 2002. This cut-off date is making my professional life miserable. My wife questions on whether it is worthed the wait or we should just go to the South in Brazil and enjoy professional freedom there.
I hope that the potential unused visas from EB2 World can get transferred to EB3 World in October. Also, who knows perhaps the visa numbers on October 2006 can make our dates advance to 2002 ? Let's see, but in this process, nothing is certain. The only thing that it seems certain is that USCIS/DOS made a remark that advancement in cut-off dates should slow down or even retrogress further this Summer. Gloom scenario.
Hi camberiu,
my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!
Renata
ashkam
12-15 08:37 AM
Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?
I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?
I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.
more...
rockstart
01-08 07:08 PM
My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help
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linuxra
07-23 03:10 PM
I heard from some other people if they are in vsg their GCs are not getting approved as it is not @ our fault why we need to bear this...I am coming to conclusion that vsg case is affecting employees...any solution u are trying....
more...
Juan28210
11-03 05:16 PM
Here's my exact situation:
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
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mantagon
07-23 11:02 AM
is in RED.
Thank you for all the responses.
One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
Not much, really!
How does one prove the legal status in the country?
Since your wife entered the US by showing AP, her legal status is "Pending AOS" and the proof is the USCIS receipt notice of I-485 that you filed for her!
Thank you for all the responses.
One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
Not much, really!
How does one prove the legal status in the country?
Since your wife entered the US by showing AP, her legal status is "Pending AOS" and the proof is the USCIS receipt notice of I-485 that you filed for her!
more...
dealsnet
06-15 08:50 AM
A moron gave me RED for posting advice and narrated a true incident.
See the comment came along with the red. He didn't feel sorry for the implicated poor guy.
" he deserved it! who walks into a stranger's house? i hope his ass got raped in prison! "
See the comment came along with the red. He didn't feel sorry for the implicated poor guy.
" he deserved it! who walks into a stranger's house? i hope his ass got raped in prison! "
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prince_charming
04-08 04:20 PM
Hard stop at June 30th....
Damm... missed by 2 days then :(
Damm... missed by 2 days then :(
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Steve Mitchell
March 14th, 2004, 07:56 PM
Obviously we all love cameras, how many of you have or are considering getting a camera phone?
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puvathoor
04-08 03:34 PM
I am intersted in contributing to the discussion in the region..
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LCtank
07-14 01:44 PM
EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.
suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
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cygent
11-12 06:33 PM
Is that even if I-140 is not approved (pending), after I-485 is pending for 180 days, one can change jobs using the EAD?
http://www.visalaw.com/05may4/2may405.html
Read about the AC21 analysis - You can change with either H1 or EAD. You can also do so before 180 days, but not without some risk (case by case basis).
http://www.visalaw.com/05may4/2may405.html
Read about the AC21 analysis - You can change with either H1 or EAD. You can also do so before 180 days, but not without some risk (case by case basis).
more...
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rockstart
05-19 03:40 PM
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
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Raju
06-13 09:00 AM
Hi
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
I dont think this will fly. This is a stretch. There is nothing to understand here. Claerly, you are an employee of consulting firm, which is a for profit organisation. Your H-1B is filed by the consulting company and not the non-profit organisation.
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
I dont think this will fly. This is a stretch. There is nothing to understand here. Claerly, you are an employee of consulting firm, which is a for profit organisation. Your H-1B is filed by the consulting company and not the non-profit organisation.
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swamy
06-08 11:13 PM
this should be pushed simultaneously with delinking 485 filing based on vb so theres some justice to the way gc's are dispensed;
GCAmigo
12-04 10:30 AM
isn't that what is happening now?
inspectorfox
07-22 09:01 PM
Can a senior member kindly address these questions posted for the last couple days. A quick response will be highly appreciated.
My case is very similar to yours. I had applied my I-140 in Oct 2006. Got an RFE for Ability to Pay which was responded to in Feb 2006. LUD changed twice in Feb and there was no progress. I upgraded to premium processing in June but there was no progress in my case even after 15 days past. Recently I got to know thru my lawyer that my case has been moved to the TSC Review Department for a background check and a decision is pending. I have taken an INFOPASS appointment to meet with an immigration officer to follow up about my case on Friday.
There are lot of people who are now stuck in background checks at I-140 stage which was very uncommon before.
I would advise you to follow up with you lawyer to get more details on your case. My lawyer actually spoke with the Immigration Officer at TSC.
Goodluck!
My case is very similar to yours. I had applied my I-140 in Oct 2006. Got an RFE for Ability to Pay which was responded to in Feb 2006. LUD changed twice in Feb and there was no progress. I upgraded to premium processing in June but there was no progress in my case even after 15 days past. Recently I got to know thru my lawyer that my case has been moved to the TSC Review Department for a background check and a decision is pending. I have taken an INFOPASS appointment to meet with an immigration officer to follow up about my case on Friday.
There are lot of people who are now stuck in background checks at I-140 stage which was very uncommon before.
I would advise you to follow up with you lawyer to get more details on your case. My lawyer actually spoke with the Immigration Officer at TSC.
Goodluck!
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