GC_1000Watt
07-08 12:26 PM
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.
Good luck!
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.
Good luck!
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Mallika
06-27 05:39 AM
Dear Experts,
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
saravanaraj.sathya
08-17 03:26 PM
I think this should not be a problem.If you have finished all the courses and ve ur degree certificate then its fine.
Good luck
Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.
Good luck
Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.
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glus
03-27 07:47 AM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
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gccovet
10-07 12:45 PM
please help.
Waitingnvain
07-18 04:02 PM
It does not.
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mr_aryan
10-19 01:59 AM
It would be of great help if any one on this forum or their aquaintaince could assist my aged parents travelling from Hyderabad,India to Atlanta,GA by British Airways on 10-27-09.
I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.
Thanks in advance
I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.
Thanks in advance
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vanantwj
April 22nd, 2004, 10:51 PM
I recently made the move to digital by purchasing a D70. I'm interested in purchasing the Nikon SC-29 cord for use with a SB-800 on a Stroboframe quick-flip frame. I like the idea of the added flexibility that the SC-29 gives over the SC-28 because of the additional autofocus lamp.
However, after I ordered the SC-29 from Etronics.com (who listed this product as being in stock), they contacted me a day later to say that it was actually out of stock. Furthermore, they said that Nikon had discontinued the product, and that though they tried, they were not able to obtain one of these cables through another channel.
Has anyone heard about Nikon canceling the SC-29? That doesn't make any sense to me. I've seen these for sale on e-bay, but that is through a Japanese reseller, and the shipping takes a couple of weeks (not to mention, it's not an authorized Nikon USA dealer).
Any other information or input about the SC-29?
Thanks so much!
Jonathan Van Antwerp
However, after I ordered the SC-29 from Etronics.com (who listed this product as being in stock), they contacted me a day later to say that it was actually out of stock. Furthermore, they said that Nikon had discontinued the product, and that though they tried, they were not able to obtain one of these cables through another channel.
Has anyone heard about Nikon canceling the SC-29? That doesn't make any sense to me. I've seen these for sale on e-bay, but that is through a Japanese reseller, and the shipping takes a couple of weeks (not to mention, it's not an authorized Nikon USA dealer).
Any other information or input about the SC-29?
Thanks so much!
Jonathan Van Antwerp
more...
svam77
12-04 05:35 PM
Thanks !! My 140 is indeed pending. But I dont have plans to move to EAD now. I am moving to EAD only after my 140 is approved.
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vhd999
10-07 05:18 PM
Thanks Raj.
Why do I need to be on H1B? I am currently on EAD.
Why do I need to be on H1B? I am currently on EAD.
more...
Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
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nik.patelc
04-08 01:08 PM
How long it take (in terms day) to receive actual RFE mail notice after LUD status update online about RFE?
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krishna_brc
07-28 02:49 PM
Just to let everyone know if any of you encounter the same issue -
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
I did some what similar mistake and explained the same in Cover Letter while sending the supporting documents.
Got my approvals also.
Thanks,
Krishna
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
I did some what similar mistake and explained the same in Cover Letter while sending the supporting documents.
Got my approvals also.
Thanks,
Krishna
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Dhundhun
05-12 12:22 AM
In case of death: None, unless enough points are there and a child less than 16 years or non working spouse over 60 years.
I was trying to intrepret social security benefits at www.ssa.gov.
It reminded me, what my wife's doctor told us 3-4 years ago (my wife is with the same doctor for the last 6-7 years) � some people in US want to have a child born, when they are getting old � it took me 3-4 years to understand.
Here is story - My wife take X class of medicines due to diabetes (I think this means medicines can adversly harm growth of a child during pregnency). So doctor was trying to explain, whenever we want to have child what precaution we have to take and how they help in this type of situations. We asked doctor- how could we think of having another baby, when our kids are grown up, one finished MS, the other one is doing BS. Doctor�s reply was that some people in US want to have a child born, when they are getting old � there are reasons.
After interpreting SSA pages, I think, now I understand economic part of having child in old ages. If Mr A has accumulated enough social security points, Mr. A�s wife is not working, she is of 44 years and she becomes mother, this child is like insurance. If case of death of Mr. A, wife of Mr. A and Child of Mr. A will keep on getting social security benefits (this is up to 16 years). At the age of 60 (minimum age, when one can get Social Security benefits), Mr A�s wife can start getting her own Social Security benefits.
Getting term (life) insurance is not possible without GC. Three agents tried to help me at different times, they did not succeed � perhaps US lawas are like that. Thinking negatively getting GC may be long wait 5 years, 10 years, 20 years, even 30 years.
Just wondering, is it a common practice to have a child born in old ages as an insurance? Whether H1B people and people at GC path are aware of it?
For me this interpration is a learning and wanted to share it.
I was trying to intrepret social security benefits at www.ssa.gov.
It reminded me, what my wife's doctor told us 3-4 years ago (my wife is with the same doctor for the last 6-7 years) � some people in US want to have a child born, when they are getting old � it took me 3-4 years to understand.
Here is story - My wife take X class of medicines due to diabetes (I think this means medicines can adversly harm growth of a child during pregnency). So doctor was trying to explain, whenever we want to have child what precaution we have to take and how they help in this type of situations. We asked doctor- how could we think of having another baby, when our kids are grown up, one finished MS, the other one is doing BS. Doctor�s reply was that some people in US want to have a child born, when they are getting old � there are reasons.
After interpreting SSA pages, I think, now I understand economic part of having child in old ages. If Mr A has accumulated enough social security points, Mr. A�s wife is not working, she is of 44 years and she becomes mother, this child is like insurance. If case of death of Mr. A, wife of Mr. A and Child of Mr. A will keep on getting social security benefits (this is up to 16 years). At the age of 60 (minimum age, when one can get Social Security benefits), Mr A�s wife can start getting her own Social Security benefits.
Getting term (life) insurance is not possible without GC. Three agents tried to help me at different times, they did not succeed � perhaps US lawas are like that. Thinking negatively getting GC may be long wait 5 years, 10 years, 20 years, even 30 years.
Just wondering, is it a common practice to have a child born in old ages as an insurance? Whether H1B people and people at GC path are aware of it?
For me this interpration is a learning and wanted to share it.
more...
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gcformeornot
03-24 10:04 AM
Check attachment.
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dipmay2002
10-28 05:59 PM
I recently change employer on EAD in NJ and new employer is saying that I can't claim withholding allowance for dependents on EAD; I had no issue with my previous employer and was claiming 6 withholding allowances; I told them that my previous payroll processor was ADP and none of my friends on EAD had any issues claiming dependents; They are saying that this is new 2010 rule change and you need to have GC for it. I told them that all dependents have SSN and passes 182 days resident alien test rule..they are not agreed..Is it true? Please let me/send any links/information to prove it...
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dilbert_cal
05-08 07:59 PM
Once you have two pay stubs , you can change the company. You can change even with a single pay stub but with two you are much safer.
Its a very debatable thing to discuss whether leaving so soon is good or not ..... wont go into it. You should always do what is best for you and your family. Everything else comes later.....
Its a very debatable thing to discuss whether leaving so soon is good or not ..... wont go into it. You should always do what is best for you and your family. Everything else comes later.....
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MrWaitingGC
09-08 07:26 PM
As long as visa is stamped she can enter us on the last date of expiry of visa.
If you get your renewal approved when she is in India send her the approved letter original (courier it) so that she can show to the officers at port of entry and this new date will be entered in I94 expiry. If she dont show it then she will get I94 for only few day depending on officer and you will have to apply for extention again.
Check with attorney that I am correct :)
If you get your renewal approved when she is in India send her the approved letter original (courier it) so that she can show to the officers at port of entry and this new date will be entered in I94 expiry. If she dont show it then she will get I94 for only few day depending on officer and you will have to apply for extention again.
Check with attorney that I am correct :)
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vin13
01-24 05:20 PM
I am also in the same boat. Would like to know from others if they received any additonal FP requests after 15 months.
Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
vinabath
04-02 01:46 PM
No. My file was picked in Feb 1st week.
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