Anne Hathaway Catwoman

check page 114 ( 132/145 ) of http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf

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of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.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of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.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).

TXH1B,

Are you suggesting that I must exit/re-enter with the new H1B (even if the approval accompanies a I-94 or not - both scenarios) ?
I was planning for that in the worst case, to exit/re-enter through Canada.

I will keep the 245(k) rule in mind. Again, Thanks for the answer.

The damage is already done, so now why would they care about any immigration laws, legal or illegal, I pray everyday, for that one day all the xenophobics jumping the fence, because the way I see it no ILLEGAL drugs will be available unles you live in Detroit , the supply and demand will cause them to start a new visa program, which the xenophobics will support overwhelmingly.

Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

Dec2002 EB3 India.

How to check the LUDs in USCIS website?

I have question Need Urgent reply

I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial

my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.

Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.

I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!

My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
She is planning to take up permanent job at the client place she is currently working as a consultant.

What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?

Any EB3 here?
Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)

Even your link does not provide which category these immigrants came from - possibly because employment category did not exist, they came early in childhood with parents......

Besides stop creating the rift between the categories in this forum!

Einstein - Germany
Madeleine Albright: Czechoslovakia
John Muir: Scotland
Joseph Pulitzer Hungary
Felix Frankfurter: Austria
Martina Navratilova: Czechoslovakia
Irving Berlin: Russia
Saint Frances X. Cabrini: Italy
Mary Harris Jones: Ireland

Edward M. Bannister: Canada
Rita M. Rodriguez: Cuba

Ieoh Ming Pei: China
Subranhmanyan Chandrasekhar: India
David Ho: Taiwan
Ang Lee: Taiwan

Hakeem Olajuwon: Nigeria

anyone know if,

Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs ) + 5 years Experience

qualify for EB2 ?

thanks,

I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.

You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc

For additional info Please click here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD) or here (http://www.murthy.com/eb2.html)

I want the kawoosh one to win mainly because of the cool name.

Job Title has to be same. Detail description does not matter. So if you are say "Computer System Analyst", new job should have same title. Duties do not matter. Higher salary is OK. No problems there. I-140 if revoked by previous company does not harm.

Good Luck. I am also using AC21.

Please ask your lawyer once again as what I have read on IV or any other website about AC21 is that job title does not matter but job descriptionduties is what matters..........This is the first time I am reading that Job title has to match.........and if thats true ( I dont think its true) then a lot of people will be screwed coz 99% of time even if its the same job no 2 companies will have the same job title..........

If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..

This is a grey area, in my opinion, some lawyers say that you should file those documents for AC21 and some say don't (just wait for RFE, if any). But I have seen people getting success and failure with either method on several other boards. Maybe it depends on how similar your new job description is to the old one and the IO.

I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."

As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.

Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...

I have had a valid H1 and AP for a while now and travelled on AP without issues.

Hope it helped.

who is vld rao?

It's actually VDLRao, as far as I know...

syzygy, can you please update your profile with your telephone number? i'd like to talk to you about your experience with 07/02

Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

Dec2002 EB3 India.


How about the processing date that was shown for your service center? I applied my I-485, EAD and AP in May (got my RN in may as well). The processing time for EAD and AP is shown to be March 26, 2007 for NSC. But, I recently got my EAD approved and an RFE for AP. So, is the website for processing time not updated as accurately as it made to be seen or somehow some applications (like mine and yours) bypass the FIFO?

On a separate note, I got an email that an RFE has been issued for my EAD, but I already got the EAD card in hand, before the RFE was issued!!!

so photoshop isnt alowed? Just wondering. if not ill just do it in Flash i guess

A) Yes, you can transfer the pending h1 extension to premium.
B) For current status https://egov.immigration.gov/cris/jsps/ptimes.jsp with your respective service center.

Thank you for your response. ANy idea how long the conversion would take?

Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
No, this is basically the left arm of the government not knowing how the right arm does its business.