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file485

09-27 11:16 AM

this is a hot topic right now..!!

many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

In no way,this situation can be treated as a substituted labor...

So may I take it from this thread, bottom line that we cant do it..

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VMH_GC

07-17 04:02 PM

Let us start sending Thank you flowers to IV core memebers such as Logic life, pappu ( i know only these two people) Please add to the list if you know anybody belong to Core team.

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ivjobs

11-10 10:02 AM

Couple of polls have been started in the entrepreneurship group. Please follow the below link to participate

http://finance.groups.yahoo.com/group/ivstartup/polls

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belmontboy

05-22 07:35 PM

I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .

Do i have to take transfer in order to apply for I 140 ?

Can two I 140 process parallel ?

Thanks for you all support..

Keep up the Good job

what is the rationale behind applying two I140's?

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VenuK

07-10 07:35 PM

Hi SDDesi,

That's a good point. i will talk to my attorney and senior attorney from other resources.

Thanks,

Hi raysaikat,

I talked to my attorney about the security clearance and he said my security clearance is done successfully. basically, FBI will do all that behind the scenes thats what my attorney said, they back check in bio-data since i came into US,
then
only i have received approved I-797 with company Y on Jun 5, 2008.
addition to it, i have a letter (from my attorney) from an expert opinion who is the Professor from University of Maryland on my Education and Work Experience. correct me if this is wrong.

coming to second point
i dont think my current client will give me that kinda luxury working from remote place,

what is TAL?
what information is provided there.
what do i need to look for in there.
do u have any link where i can look into it, if so pls email me at
kvenu135 at hotmail dot com
please email me anyone who reads this thread/post with your advices.
I would be more than happy to appreciate it


With Thanks,
Venu

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sury

10-29 06:20 AM

I haven't applied yet. I don't know if I can apply for kid or not.

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arihant

04-30 12:20 PM

I140 filed @ Texas center
Category: EB2- PD Dec 03
Type: Premium
Receipt date: April 17th
Approval date: April 19th

As you can see I got mine in 2 days through Premium. I had to do the premium to avail of the 3 year H1 extension. So, if any of you have your extension coming up, then do switch over to premium by paying the additional amount and you will probably get your approval in less than a week.

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ars01

06-27 10:52 AM

If H4 person was always on H4, they never had an A#.

If H4 person ever got an OPT before and are now on H4 they can use that A# in the I-485 application. (The same applies to H1 person as well) I guess it should not be a problem if you forget to mention if you were ever assigned one in the past, but it won't hurt if you can mention if you can remember it. Everyone on H1 at this time do not have a current A# but may have been assigned one in the past (e.g. OPT).

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sbdol

07-21 09:45 PM

Yes, it is good for people with latest priority dates. For 2006 and 207 priority dates people, I recommend paying the new fees, it would benefit them on a long run.

You are saying as if one has a choice.
If you file before August 17 then you have to pay the old fee. If you apply after August 17... actually people with the 2006-07 priority dates may not have this opportunity in the foreseeable future unless legislature bodies do something about the retrogression.

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nutakksa

08-28 02:11 PM

See my signature below. Waiting for FP notices from TSC. spoke to my attorney. They mentioned that they are getting FP notices slowly from TSC.

---------
TSC/EB2/PD March 2003
485 RD June 18 / ND July 17
FP notice - ??????
AP- Approved on 8/22 for self and family - yet to receive app notices
EAD - Approved on 8/27 for self and family - Yet to receive App notices.

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cinqsit

01-13 08:16 PM

Thanks a lot for the replies.

I have an infopass appointment for tomorrow. Are the infopass officers qualified to review the file and process it right away?

Nope infopass officers are not at all helpful. I found out that many are just
"half-trained" customer service reps who have access to whatever online
system USCIS uses. They can tell you if your background checks were cleared,
what your priority date is (if you have multiple I-140s) and if every thing
has been bundled together in your "A-file" or not.

I had a horrible infopass where the "officer" didnt even know what a I-140 was.

Try sending a clear letter to the ombudsman right away. Be very clear an give copies
of everything you have I-485 receipts, your PD, country of chargeability etc etc.

I did send a letter to the ombudsman in mid dec got a usual we have opened a
request with USCIS and you will get answer in 45 days 2 weeks ago. Last week
got a phone call - yes a phone call - from them last week saying they got a email from USCIS saying my case is being fowarded for adjudication and you will get a result within 30 days.

Best of luck
cinqsit

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Lasantha

10-05 11:36 AM

Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.

Yep! Hey who knows? This might be your year too! :D

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bijualex29

06-08 03:50 PM

Man I tell you, In India people openly takes bribes and they call it as bribes. He we makes it as an official word called Primium processing, I call it as Sofisicated word for bribe only.

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siva008

02-24 03:04 PM

I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

B) Membership in a recognized foreign or United States association or society in the specialty
occupation;

C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



if any one has similar problem please share

Thanks
Hi NoUserName,

here more details:

Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst

My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.

I really confused how to answer this query, if you have any ideal please help me

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Hewa

07-27 01:07 PM

Hi,

My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

Regards
Kasi

Use the latest (and valid) I 94. The one that came with the H1 extension.

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pachai_attai

09-04 09:05 AM

485 approved on August 31st. Approved 3 weeks after I sent out the RFE.

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a_yaja

10-08 04:20 PM

I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.

Right now who is my employer Company A or B or none of the above?.

Your question is not clear. Your employer is whoever you are employed with right now. If you are not employed with either company A or company B, then neither is your employer.

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desi3933

07-31 04:11 PM

....
....

Do I qualify for EB2?? Plz let me know.

RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.

In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

......
......

Thanks.

1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.

2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.

The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.

Good Luck.


________________________
Not a legal advice.
US Permanent Resident since 2002

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maddipati1

08-21 10:38 PM

mine gave only until the expiry of PP

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MAEB2TR

09-04 10:34 AM

This is what I found in another thread:
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.

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dpp

06-28 03:16 PM

This is a very common issue. Most of the times the HR title and job title and Labor title do not match.

I know it is a common issue for anybody. But if USCIS goes strictly, then it is a problem.

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