ramhs
02-18 05:33 PM
Only one of you could be right, either it is you or it is Attorney Sheela Murthy.
I strongly think Attorney Shelea Murthy is right.
Question: Can I continue with my GC with my current priority date even if I change my employer after getting my I-140 approved?
Answer: A person cannot continue the GC processing with a change of employers even though, in some circumstances, the person is allowed to retain the earlier PD if the earlier I-140 petition is approved and not revoked by the earlier employer. The new employer has to start the LC/PERM process from scratch, and until the earlier I-140 petition has not been revoked, that person is allowed to retain the earlier PD.Jan-29-2007.
Question: Hello. I have an approved EB3 labor and I-140 w/company A with a PD of April 2004. Now, if I move to company B, can I use the EB3 old priority date, and can I port the PD from EB3 to EB2 in the new company? Thanks for your time.
Answer: Yes, one is allowed to use an earlier PD with a different employer and port that earlier date to a new employer even when changing employment-based categories, like EB3 to EB2 or EB1, etc. This could require that the earlier employer not revoke the earlier LC and I-140 for use by another employee, to be on the safe side. Aug-7-2006.
Please refer www.murthy.com
As per many other threads in this forum, it does not matter even if employer revokes I140 , and once I140 is approved the PD can be ported to new labor regardless of employer revoking I140 or not. I am also planning to do this but not yet convinced employers and most employers are unaware of this way out and think that after 7-8 years of H1b it isnot possible to transfer the 3 year h1b. Has anybody been successful in doing this so far ?
I strongly think Attorney Shelea Murthy is right.
Question: Can I continue with my GC with my current priority date even if I change my employer after getting my I-140 approved?
Answer: A person cannot continue the GC processing with a change of employers even though, in some circumstances, the person is allowed to retain the earlier PD if the earlier I-140 petition is approved and not revoked by the earlier employer. The new employer has to start the LC/PERM process from scratch, and until the earlier I-140 petition has not been revoked, that person is allowed to retain the earlier PD.Jan-29-2007.
Question: Hello. I have an approved EB3 labor and I-140 w/company A with a PD of April 2004. Now, if I move to company B, can I use the EB3 old priority date, and can I port the PD from EB3 to EB2 in the new company? Thanks for your time.
Answer: Yes, one is allowed to use an earlier PD with a different employer and port that earlier date to a new employer even when changing employment-based categories, like EB3 to EB2 or EB1, etc. This could require that the earlier employer not revoke the earlier LC and I-140 for use by another employee, to be on the safe side. Aug-7-2006.
Please refer www.murthy.com
As per many other threads in this forum, it does not matter even if employer revokes I140 , and once I140 is approved the PD can be ported to new labor regardless of employer revoking I140 or not. I am also planning to do this but not yet convinced employers and most employers are unaware of this way out and think that after 7-8 years of H1b it isnot possible to transfer the 3 year h1b. Has anybody been successful in doing this so far ?
wallpaper Quote - Leadership is
nishant2200
10-24 05:43 PM
Thanks Everyone. I basically got the idea. I should have never mailed in first place, just gone to office in person, and not confused with old expired visa, i-94 etc, just shown the I-797. I will take an appointment with DMV and go in person, and take it from there. But it was really big help to hear from all of you and to know that this is not uncommon situation.
Ironically, I got my license at a time when they didn't check all this, they used to give for five years expiring at ur birthdate. Hence I just today got renewal by internet option for myself.
Once again, thank you all very much. I will let you know my experience on this thread after I visit DMV.
Ironically, I got my license at a time when they didn't check all this, they used to give for five years expiring at ur birthdate. Hence I just today got renewal by internet option for myself.
Once again, thank you all very much. I will let you know my experience on this thread after I visit DMV.
simple1
06-11 07:37 PM
LOL. This loser’s guild member has construction worker experience.
When did you change your career ? After the construction industry crash ?
Fool.
The attorney who applied my H1B says that my status is bound to my employment not to the payment, this is not enforced by law, If I and my employer are in agreement for a salary say $ x / year. We can also decide when this sum should be paid weekly, bi-weekly or in longer duration and DOL is not going to have any problem as long as the arrangement is mutually agreeable.
When did you change your career ? After the construction industry crash ?
Fool.
The attorney who applied my H1B says that my status is bound to my employment not to the payment, this is not enforced by law, If I and my employer are in agreement for a salary say $ x / year. We can also decide when this sum should be paid weekly, bi-weekly or in longer duration and DOL is not going to have any problem as long as the arrangement is mutually agreeable.
2011 Leadership Penguin
forgerator
06-29 06:33 PM
Got some good news this afternoon! The W7 got approved and my wife got an ITIN number assigned!
She will not get ITIN number unless she enters US. You canot file Joint return. It has to be single.
So the above post has been proved incorrect. Wife never entered the US and yet she now has gotten the ITIN number. :p Just wanted to note this down in case someone else has a similar issue .
She will not get ITIN number unless she enters US. You canot file Joint return. It has to be single.
So the above post has been proved incorrect. Wife never entered the US and yet she now has gotten the ITIN number. :p Just wanted to note this down in case someone else has a similar issue .
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glus
12-11 10:47 AM
I do not think it is possible to send it for free. I tried to find such info and was unable to do so. 39c is not much, so we can do it....
G
G
walking_dude
09-18 12:34 PM
If I have seen anything work for us, it's only lobbying. Be it behind-the-scenes lobbying during July VB reversal which got IV a seat at the discussion table, or the executive lobying for Admin fixes which gave us 2 year EAD/APs. Surely our other efforts such as Rallies, letters and others supplemented the lobbying and made it successful. Without lobbying and getting a seat at the discussion table, all other efforts would've been for naught. Having seen the lawmakers discuss horses before the legal skilled immigrants, I am convinced - more than ever before -we need to do more lobbying in the coming days to succeed.
Building a strong IV war chest is our only chance of making our voices heard amidst the heated discussions of CIR 2009. We definitely need to do better for our voices to be heard over the cacophony of Legalization vs Border Security. I for one don't want to see the resurrection of dreadful CIR 2007 with reduction in EB visas to 90,000. Do you? Instead of trying to lock the stables after the horses have bolted (sarcasm intended), we need to start strengthening IV... NOW. That is if we wish to see our issues given more preference to the horses next year. And the only way to do this is contribute to the lobbying funds as much as we can.
I don't believe in just preaching. I have taken the initiative and donated $100 to IV on the anniversary of our DC rally. I urge every one to donate whatever you can.
My PayPal details are posted below. This is in addition to my $50 monthly recurring paypal contribution.
Amount: $100.00 USD
Transaction ID: 4HE76231XJ754322H
Thanks in advance, to those who decide to follow suit.
Building a strong IV war chest is our only chance of making our voices heard amidst the heated discussions of CIR 2009. We definitely need to do better for our voices to be heard over the cacophony of Legalization vs Border Security. I for one don't want to see the resurrection of dreadful CIR 2007 with reduction in EB visas to 90,000. Do you? Instead of trying to lock the stables after the horses have bolted (sarcasm intended), we need to start strengthening IV... NOW. That is if we wish to see our issues given more preference to the horses next year. And the only way to do this is contribute to the lobbying funds as much as we can.
I don't believe in just preaching. I have taken the initiative and donated $100 to IV on the anniversary of our DC rally. I urge every one to donate whatever you can.
My PayPal details are posted below. This is in addition to my $50 monthly recurring paypal contribution.
Amount: $100.00 USD
Transaction ID: 4HE76231XJ754322H
Thanks in advance, to those who decide to follow suit.
more...
BharatPremi
10-24 09:32 PM
Hi Experts,
My brother came to US on H1 on 22nd Sep and applied for SSN in first week of October. Its been almost 3 weeks and so far he has not received his SSN number. When he contacted the SSN department, they told him that his Immigration Info (i believe its entered at Port of Entry Information which is EWR - Newark Liberty Intl. Airport in his case) is not yet updated. All they (SSN dept) gave him was a letter stating they received the application and have to wait.
He has an assignment/project waiting/starting next week but cannot work without the SSN (need to complete background check and drug test as per the client policy). His employer he trying get some info on how to expedite this case but so far he could not help him much.
Usually people get their SSN within two weeks. His friend who landed at the same airport two days after him, got his SSN a week back. Has anyone faced similar situation, if so, please let me know if he can do anything to expedite the process. Is there a way one can contact the Immigration Dept or any Dept which can verify his information and update the same so that he can get a SSN.
Thanks in advance for all comments/suggestions.
I think, waiting is the only remedy which I know. You already contacted SSN office and get reply as well. As far as work is concerned, many companies allow person to work when they produce the copy of the receipt of SSN application (Given by SS department). For this particular employment why do not you try that?
My brother came to US on H1 on 22nd Sep and applied for SSN in first week of October. Its been almost 3 weeks and so far he has not received his SSN number. When he contacted the SSN department, they told him that his Immigration Info (i believe its entered at Port of Entry Information which is EWR - Newark Liberty Intl. Airport in his case) is not yet updated. All they (SSN dept) gave him was a letter stating they received the application and have to wait.
He has an assignment/project waiting/starting next week but cannot work without the SSN (need to complete background check and drug test as per the client policy). His employer he trying get some info on how to expedite this case but so far he could not help him much.
Usually people get their SSN within two weeks. His friend who landed at the same airport two days after him, got his SSN a week back. Has anyone faced similar situation, if so, please let me know if he can do anything to expedite the process. Is there a way one can contact the Immigration Dept or any Dept which can verify his information and update the same so that he can get a SSN.
Thanks in advance for all comments/suggestions.
I think, waiting is the only remedy which I know. You already contacted SSN office and get reply as well. As far as work is concerned, many companies allow person to work when they produce the copy of the receipt of SSN application (Given by SS department). For this particular employment why do not you try that?
2010 Leadership and Business Quotes
krithi
03-05 04:26 PM
1. First Object Inc, Richardson TX, Venkat Rao - blood sucking leach, he'll not even leave relatives, I bet you can guess how i am related to this mf. Dont be fooled to join this company.
more...
sheela
09-20 11:57 AM
You can call 304-625-5590 to know whether FBI sent the results back to USCIS or not. This is in West Virginia. They have no 1-800 number. You need to give them your A#. They don't tell whether your FP is cleared or not.
Thanks, Kris
Anybody having FBI ph# for ASC Memphis,TN ?
Thanks, Kris
Anybody having FBI ph# for ASC Memphis,TN ?
hair What Is Leadership Quotes
kumar1
12-05 11:12 AM
Dude, calm down!
Please do not add more frustration and confusion to the PR limbo :). Sparky already mentioned to send the change request to the address mentioned on original ITIN letter.
After that one should check his or her own ITIN. Whole process is clearly written in original ITIN letter about what need to do upon getting SSN.
And if one follows that than he/she should not come with any additional question because the whole process is clearly written in original ITIN and does not create any confusion. And here I am wondering, still people are asking about address although Sparky clearly explained...:mad:
AND YES COMMUNICATION TO ITIN UNIT IS REQUIRED AFTER GETTING SSN BECAUSE YOUR ORIGINAL ITIN LETTER MENTIONS SO.
Please do not add more frustration and confusion to the PR limbo :). Sparky already mentioned to send the change request to the address mentioned on original ITIN letter.
After that one should check his or her own ITIN. Whole process is clearly written in original ITIN letter about what need to do upon getting SSN.
And if one follows that than he/she should not come with any additional question because the whole process is clearly written in original ITIN and does not create any confusion. And here I am wondering, still people are asking about address although Sparky clearly explained...:mad:
AND YES COMMUNICATION TO ITIN UNIT IS REQUIRED AFTER GETTING SSN BECAUSE YOUR ORIGINAL ITIN LETTER MENTIONS SO.
more...
GCHope2011
09-29 06:49 PM
Hi,
When I joined my current employer i had 4.9 yrs of exp with BTech degree. I've my approved 140 (priority date: march 2008) with my current employer in EB3 category.
As of now I've total of 7.5 yrs of exp.
My situation is I'm Indian and going to get married a German women (who is born in Germany n German citizen). If I marry her I will come in other country category.
Since Eb2 (other country category) is current now, is it worth waiting in Eb3 - other country category to come to current or change employer to do GC in Eb2 - other country category?
When I checked with one of the Mu.... lawyers, he said that doing Eb2 by changing employer is risk-free but doing eb2 with same employer is risky.
Please help me out to make a decision, this would change my life.
Thank you so much
You will not be able to file in "Other Country" ("ROW") category in any situation. The country categorization is based on country of "birth" and not by country of "citizenship" or country of spouse's "citizenship".
However, if your spouse applies for EB based GC, and you apply as her beneficiary, then you will have a smooth sailing.
When I joined my current employer i had 4.9 yrs of exp with BTech degree. I've my approved 140 (priority date: march 2008) with my current employer in EB3 category.
As of now I've total of 7.5 yrs of exp.
My situation is I'm Indian and going to get married a German women (who is born in Germany n German citizen). If I marry her I will come in other country category.
Since Eb2 (other country category) is current now, is it worth waiting in Eb3 - other country category to come to current or change employer to do GC in Eb2 - other country category?
When I checked with one of the Mu.... lawyers, he said that doing Eb2 by changing employer is risk-free but doing eb2 with same employer is risky.
Please help me out to make a decision, this would change my life.
Thank you so much
You will not be able to file in "Other Country" ("ROW") category in any situation. The country categorization is based on country of "birth" and not by country of "citizenship" or country of spouse's "citizenship".
However, if your spouse applies for EB based GC, and you apply as her beneficiary, then you will have a smooth sailing.
hot Quotes on Leadership
ns007
03-26 11:16 AM
Interesting Poll.
To anyone who elected more than 500K especially millionaires, please share the wisdom !
Almost all of us on this forum are salaried employees; in US for past 6 yrs (average); average salary in last 6 yrs about 95K; average tax uncle Sam puts is 28%; medical/dental/life insurance; some of us have commitment (parents) back homes to take care of.
To put the above in figures:
Average salary for six year: $95,000 * 6 = $570,000
Medical/dental/life insurance: $3,500 * 6 = $21,000
Tax: 28% of (570,000 - 21,000) = $395,280
Expenses (Rent+Food+Vacation etc.): $2000 per month * 72 = $144,000
Net saving: $395,280 - $144,000 = $251,280
$259,280 includes the amount that you may have already remitted to India.
So, given these constraints, I am really interested in knowing how do you extend your source of income to make million dollars?
To anyone who elected more than 500K especially millionaires, please share the wisdom !
Almost all of us on this forum are salaried employees; in US for past 6 yrs (average); average salary in last 6 yrs about 95K; average tax uncle Sam puts is 28%; medical/dental/life insurance; some of us have commitment (parents) back homes to take care of.
To put the above in figures:
Average salary for six year: $95,000 * 6 = $570,000
Medical/dental/life insurance: $3,500 * 6 = $21,000
Tax: 28% of (570,000 - 21,000) = $395,280
Expenses (Rent+Food+Vacation etc.): $2000 per month * 72 = $144,000
Net saving: $395,280 - $144,000 = $251,280
$259,280 includes the amount that you may have already remitted to India.
So, given these constraints, I am really interested in knowing how do you extend your source of income to make million dollars?
more...
house Motivational Quote - You can
v2neha
08-10 03:03 PM
PD: 08/2003
Mailed following applications on 6/29/07:
For self: I-140 / I-485 filed concurrently, EAD and AP
For spouse: I-485/EAD/AP
For child: I-485/AP
Reached NSC: July 2nd (7:55 am to be precise)
No Receipt Notice
No checks cashed
EB3 - India
Mailed following applications on 6/29/07:
For self: I-140 / I-485 filed concurrently, EAD and AP
For spouse: I-485/EAD/AP
For child: I-485/AP
Reached NSC: July 2nd (7:55 am to be precise)
No Receipt Notice
No checks cashed
EB3 - India
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kvreddy
08-30 10:59 AM
i am one of the victims:)
-----
Your item was delivered at 11:34 AM on July 2, 2007 in LINCOLN, NE 68501 to INS EXPRESS . The item was signed for by B GERKENSMEYER.
------
No receipts, no checks cashed, nothing!
i think Mr. GERKENSMEYER swallowed our apps for breakfast and hasn't crapped it out in the receipting queue yet.
I am also one of the victims.
-----
Your item was delivered at 11:34 AM on July 2, 2007 in LINCOLN, NE 68501 to INS EXPRESS . The item was signed for by B GERKENSMEYER.
------
No receipts, no checks cashed, nothing!
i think Mr. GERKENSMEYER swallowed our apps for breakfast and hasn't crapped it out in the receipting queue yet.
I am also one of the victims.
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pictures famous leadership quotes
wandmaker
11-30 01:28 AM
zram1977: (a) Yes, you can transfer your h1b to another employer; but you will have to file labor again and port your priority date when you file your new 140. (b) I doubt you can sue your current employer, please consult an attorney.
dresses » #39;(Famous Leadership Quotes)
poorslumdog
10-11 06:07 PM
I applied for Texas DL and got the DL today , Guess what , the license is vertical ( as issued to under age people ) , its written "Temp Visitor " on it , its valid for 5 years but indicates that H1B exp date on it ,.....
I came across an article some where that a Judge in Tx has stopped issue of such different licenses some time back in May ,,,, But i still got such license . Dont know if thats judges order was over written by some upper court ..
Can any Texas people shed some light on this.....
Thanks
Do you have any info on that judge's order...we should take it up and bell the cat.
I came across an article some where that a Judge in Tx has stopped issue of such different licenses some time back in May ,,,, But i still got such license . Dont know if thats judges order was over written by some upper court ..
Can any Texas people shed some light on this.....
Thanks
Do you have any info on that judge's order...we should take it up and bell the cat.
more...
makeup Youth and Leadership
prouddesi
10-11 02:48 PM
I asked the same Q to a USCIS customer service day before yesterday. His response was that please be patient for FP notice. The biometric center is trying to schedule our FP and if we get the notice while in India we can come back and reschedule it easily.
I am leaving for India in a month and I haven't seen my FP notice yet. Hope that helps!
I got my EAD but no FP. I am planning to go to india. If I get FP notice when I am in india, can i re-schedule.
I am leaving for India in a month and I haven't seen my FP notice yet. Hope that helps!
I got my EAD but no FP. I am planning to go to india. If I get FP notice when I am in india, can i re-schedule.
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ritu_raj
10-25 09:11 PM
bump^
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swamy
09-29 03:34 PM
Thanks guys. but My attorney (Fragomen) will be pissed if I tell them this because they didn't like the idea of my travelling after filing 485 as my H1 had expired- they were worried the 485 would be considered abandoned if I travelled without parole. I sort of told them I wont so its very awkward now to call up & tell them ' hey guess what-I ignored your advise and travelled and I'm back with my new visa stamp but its too clean for you to see?!'. I do have a copy of the visa page and the I94 looks legible so I was thinking of just sending those to them and taking care of the visa situation myself if possible. I will be contacting the Indian embassy in Chicage to see if they can issue a new passport. So no one has ever washed their passports?
GCwaitforever
04-10 02:15 PM
This brings another question. Are there any annual/monthly targets decided per center - like so many EB GC petitions, Family petitions, and Naturalizations, Asylum petitions, adoptions etc ...? If one center is done with prescribed quota, do they move resources to something else?
I understand these are internal workings of USCIS. But they are answerable to Senate Judiacry committee and some one at that level is watching over these folks.
Why did TSC decide to go with only April 30th as RD? Did they have bunch of other applications like seasonal agricultural workers from Mexico? I do not know, because The Great Emilio Gonzalez spends time criticizing magazine articles instead of looking inside for processing efficiencies. It is time, one of the immigrants who has gone through the processing hurdles of USCIS becomes its chief. Emileo does not have any empathy for fellow immigrants. So does Elaine Chao.
I understand these are internal workings of USCIS. But they are answerable to Senate Judiacry committee and some one at that level is watching over these folks.
Why did TSC decide to go with only April 30th as RD? Did they have bunch of other applications like seasonal agricultural workers from Mexico? I do not know, because The Great Emilio Gonzalez spends time criticizing magazine articles instead of looking inside for processing efficiencies. It is time, one of the immigrants who has gone through the processing hurdles of USCIS becomes its chief. Emileo does not have any empathy for fellow immigrants. So does Elaine Chao.
gc_chahiye
12-04 07:13 PM
Can anybody please provide me the simple answer to this question.
Can you file H1b extension based on the pending appeal on denied I-140
RB
yes you can file an H1 extension based on the appeal on a denied I-140.
USCIS clarified this in a memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 5. Does a timely and non-frivolous I-140 appeal pending at the AAO
allow an alien to request an H-1B extension beyond the 6-year limit?
Answer: Subject to regulatory modification, as long as a decision may be reversed
on direct appeal or certification to the Administrative Appeals Office
(AAO), USCIS will not consider that decision final for this purpose.
and this has also been mentioned by Murthy a few times:
http://www.murthy.com/news/n_yath1b.html
Appeal of I-140 Petition Allows One to File for H1B Extensions
The Memo permits one to continue filing for H1B one-year incremental extensions if s/he has a pending I-140 petition appeal at the Administration Appeals Office (AAO). The rationale is that a decision is not final if there has been a timely appeal. This is a welcome change, since the previous position was that only labor certification appeals, filed with the Board of Alien Labor Certification Appeals (BALCA), were sufficient to permit one to continue filing for H1B extensions..
http://www.murthy.com/chatlogs/chat1020_P.html
Chat User : If the I-140 is denied and it is appealed, can we file yet another I-140 in parallel while the appeal is pending with AAO?
Attorney Murthy : Although one could file another I-140 petition, sometimes the CIS will require that the person wait for the decision on the earlier case before they will decide the new case. The appeal is helpful in being able to file for H1B 7th-year extensions.
Can you file H1b extension based on the pending appeal on denied I-140
RB
yes you can file an H1 extension based on the appeal on a denied I-140.
USCIS clarified this in a memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 5. Does a timely and non-frivolous I-140 appeal pending at the AAO
allow an alien to request an H-1B extension beyond the 6-year limit?
Answer: Subject to regulatory modification, as long as a decision may be reversed
on direct appeal or certification to the Administrative Appeals Office
(AAO), USCIS will not consider that decision final for this purpose.
and this has also been mentioned by Murthy a few times:
http://www.murthy.com/news/n_yath1b.html
Appeal of I-140 Petition Allows One to File for H1B Extensions
The Memo permits one to continue filing for H1B one-year incremental extensions if s/he has a pending I-140 petition appeal at the Administration Appeals Office (AAO). The rationale is that a decision is not final if there has been a timely appeal. This is a welcome change, since the previous position was that only labor certification appeals, filed with the Board of Alien Labor Certification Appeals (BALCA), were sufficient to permit one to continue filing for H1B extensions..
http://www.murthy.com/chatlogs/chat1020_P.html
Chat User : If the I-140 is denied and it is appealed, can we file yet another I-140 in parallel while the appeal is pending with AAO?
Attorney Murthy : Although one could file another I-140 petition, sometimes the CIS will require that the person wait for the decision on the earlier case before they will decide the new case. The appeal is helpful in being able to file for H1B 7th-year extensions.
