jonty_11
02-05 02:27 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
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deepimpact
09-21 11:50 AM
I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
indianindian2006
03-24 07:47 PM
Does a dentist qualify under STEM.Please advice.
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GCNirvana007
08-22 03:06 PM
Yes, am close.. Nov 17, 2003 Eb2 and waiting for sept 1st :) Had an interview last month
You def should get come Sept 1st
I still dont see anyone within Octo 1st 2003, thats really cool
You def should get come Sept 1st
I still dont see anyone within Octo 1st 2003, thats really cool
more...
jamsumfarray
11-16 07:09 AM
Hi
I was thinking of askign my lawyer to change my case from non rir to rir ?
i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
My pd is oct2002? nothign heard after teh 45 day letter....
thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
thanks
I was thinking of askign my lawyer to change my case from non rir to rir ?
i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
My pd is oct2002? nothign heard after teh 45 day letter....
thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
thanks
paskal
08-22 07:03 PM
I am also from MN. Living in Minnetonka. Willing to know anyone going for Rally.
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Dean- i need contact info for you as well- please.
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colors
09-05 11:42 AM
Kumar,
It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.
Hope that helps
It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.
Hope that helps
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frost_oni
04-08 02:16 PM
yes, interesting concept. teh characters are ok, but you gotta work a bit more on the txt...
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anjs
11-15 02:00 PM
Any one in Knoxville.
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bbenhill
02-27 02:48 PM
either way .. you can not file because I485 because ur PD is 2008, so need to wait for awhile (not sure when). please check visa bulletin every month. if it reach your PD then you can file for I485.
ps : give me green if this helps.
Thx
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
ps : give me green if this helps.
Thx
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
more...
RamBihari
02-23 05:25 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Hopefully you'll get green card in July.
Porting is not that big of an issue as it may seem, its just matter of employer being willing to cooperate with applicants, rest of things falls into place itself.
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Hopefully you'll get green card in July.
Porting is not that big of an issue as it may seem, its just matter of employer being willing to cooperate with applicants, rest of things falls into place itself.
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bfadlia
06-11 08:10 PM
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
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It's an honor to have you in our forum, Mr. T :o
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eastindia
08-03 09:30 PM
The summer intern who replied to your email did not read it. Why don't you now go and protest against disrespect to your valued email and meet the Senator. Do you really think sending emails will get yes or no on a bill. Unless you are Bill Gates sending an email, who cares. We do not even have votes.
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kadarm
04-05 10:03 AM
I got my FHA loan using EAD, no issues.
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nixstor
12-02 10:30 PM
This is not an AD moron. I am not looking to hire anyone. I am asking about NON-IMMIGRANT VISA advice. Since the forum is titled Immigration Voice > Immigration Information > NON-IMMIGRANT VISAS, I don't think my post can be THAT far from the right section.
WTFever,
This forum is intended for Highly Skilled Immigrants who are on Non Immigrant visa and are caught in the green card log jam. Discussion topics here are predominantly related to Employment based GC. You might not get a CORRECT answer here as your situation is not some thing common for people on this forum. You should talk to a lawyer and get advice for your situation.
www.murthy.com
www.immigraton.com
www.immigration-law.com
HTH
WTFever,
This forum is intended for Highly Skilled Immigrants who are on Non Immigrant visa and are caught in the green card log jam. Discussion topics here are predominantly related to Employment based GC. You might not get a CORRECT answer here as your situation is not some thing common for people on this forum. You should talk to a lawyer and get advice for your situation.
www.murthy.com
www.immigraton.com
www.immigration-law.com
HTH
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IndiaBULL
09-08 11:55 PM
can some one tell me what IV is currently working on?
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qualified_trash
11-09 03:47 PM
if you received the notice, then it is probably a courtesy notice. USCIS will only send the actual approval notice to your lawyer. so wait for the lawyer to let you know.
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ameryki
05-05 12:08 AM
hey guys how about a adv parole doc in hand when returning instead of a stamped visa transiting Frankfurt?
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GC_1000Watt
10-12 05:24 PM
No offence dude. Take it easy. Thanks for sharing your experience. I guess US embassies in India are way strict than the one's in mexico and canada.
Btw I didn't deserved the red for my last post itsmeabby. Right?
Btw I didn't deserved the red for my last post itsmeabby. Right?
clockwork
09-06 09:42 AM
3. Internal memo in USCIS not made public about holding visas for EB3 India etc.
Hey,
Can you explain what do you mean by holding visa for EB3 India?
Thanks -
Hey,
Can you explain what do you mean by holding visa for EB3 India?
Thanks -
dealsnet
01-05 11:41 AM
First year or 10th year of H1B, the law is same.
Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?
Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?
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